NOEL FOX INC. TERMS & CONDITIONS
Noel Fox Inc. and/or its affiliates (“Noel Fox Inc.”) offers this website and all information, software, products and services available from this website or offered as a part of or in conjunction with this website (collectively, the “Website”) to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices set forth below, including the separately posted Privacy Statement (collectively, the “Terms and Conditions”). YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS.
Noel Fox Inc. reserves the right to make changes to any or all of the Terms and Conditions or to add new terms and conditions effective immediately upon notice, which may be given by any means, including by posting the changed or new Terms and Conditions on the Website. It is your responsibility to review the Terms and Conditions from time to time to make sure you are aware of any changes. BY CONTINUING TO USE THE WEBSITE AFTER THE DATE OF ANY CHANGE, YOU ARE AGREEING TO SUCH CHANGE MADE BY NOEL FOX INC. Noel Fox Inc. reserves the right to modify the information contained in the Website without notice, and makes no commitment to update the information contained in the Website.
LINKS TO THIRD PARTY WEBSITES
The Website may contain hyperlinks to other websites. Such links are meant solely for your convenience and are accessed at your own risk. Noel Fox Inc. has no control over, and is not responsible for the content found on, external websites. Links to such third party websites, including links to Noel Fox Inc.’s affiliates, partners, dealers, distributors and related entities, do not constitute sponsorship, endorsement or approval of such websites or the contents thereof.
When you visit the website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Noel Fox Inc. is committed to maintaining your privacy and to providing a secure transaction environment. When you place an order, please be assured that we will not share, trade, rent, sell or release any of your information to any third party, business or individual. Your information will only be released as required by law in order to comply with a government or regulatory authority. Noel Fox Inc. assumes if you place an order with us that you will accept an occasional newsletter or update of our offerings. If you wish to be removed from our list, please send us an e-mail with “unsubscribe” indicated in the subject heading.
You agree to defend, indemnify, and hold harmless Noel Fox Inc. and its affiliates, directors, officers, employees and agents from and against any and all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs) arising out of or relating to your breach of the Terms and Conditions or your access to or use of the Website.
Noel Fox Inc. reserves the right to terminate at any time without notice: (i) your use of all or any portion of the Website, (ii) all or any portion of the Website, or (iii) all or any portion of the Terms and Conditions. The disclaimers, indemnities and limitations of liability in the Terms and Conditions shall survive termination of any of the foregoing.
THE INFORMATION CONTAINED ON THE WEBSITE IS PROVIDED WITHOUT ANY WARRANTIES OR REPRESENTATIONS AS TO ACCURACY, COMPLETENESS OR TIMELINESS. NOEL FOX INC. DOES NOT WARRANT THAT THE WEBSITE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT YOUR USE OF MATERIALS OR IMAGES DISPLAYED ON THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES UNRELATED TO NOEL FOX INC. NOEL FOX INC. DOES NOT WARRANT THAT THE WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM NOEL FOX INC. INC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. USE THE WEBSITE AT YOUR OWN RISK. ALL PRODUCTS SOLD BY NOEL FOX INC. ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS AS SET FORTH IN THE GENERAL TERMS AND CONDITIONS OF SALE FOR THOSE PRODUCTS AND SERVICES. EXCEPT AS EXPRESSLY STATED THEREIN, NOEL FOX INC. INC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, ONLY THE EXCLUSIONS LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL NOEL FOX INC. OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA. GLOBAL COLLECTIVE DESIGN INC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR OPERATION OF THE WEBSITE. GLOBAL COLLECTIVE DESIGN INC ALSO ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY FILES, IMAGES, TEXT OR OTHER MATERIALS FROM THE WEBSITE. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF GLOBAL COLLECTIVE DESIGN INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN LOSSES OR DAMAGES; THEREFORE, ONLY THE EXCLUSIONS OR LIMITATIONS LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND THE LIABILITY OF GLOBAL COLLECTIVE DESIGN INC WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that we have published an image or text that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide us with written notice containing the following information:
– your name, address, telephone number, facsimile number and e-mail address;
– the name and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
– a description of the copyrighted work or other intellectual property that you claim has been infringed;
– a description of the image or text you claim is infringing;
– the exact permanent URL for the page or a description of where the image or text that you claim is infringing is located on the Website;
– evidence and information establishing or supporting ownership of a copyright or intellectual property right which is being infringed upon;
– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
– a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
Notices of claims of copyright or other intellectual property infringement should be directed to:
Noel Fox Inc. 901 – 2310 West 2nd Ave. Vancouver, BC, Canada V6K 1J1
SEVERABILITY; NO WAIVER
If any provision of the Terms and Conditions is held unenforceable or invalid, such provision will be removed without affecting any other provision and the remaining provisions will continue to be valid and enforceable and construed in accordance with applicable law as nearly as possible to reflect the original intentions of Noel Fox Inc. Failure by Noel Fox Inc. to enforce any provision of the Terms and Conditions shall not be construed as a waiver of any provision or right.
The Terms and Conditions constitute the entire agreement and understanding between you and Noel Fox Inc. with respect to use of the Website, superseding all prior or contemporaneous agreements, communications and/or proposals.