Bob Acton Ceramics
Legal disclaimer and website terms of use
Terms of Use
This Website (“Website”) is owned and operated by Bob Acton Ceramics Ltd., doing business as Bob Acton Ceramics (“Bob Acton Ceramics”), Calgary, Alberta, Canada. Your access to the Website is conditional on your agreeing to, and complying with, the following disclaimers, limitations of liability and website terms of use (collectively “Terms of Use”). If you do not accept these Terms of Use, your access to and use of this Website is prohibited. By accessing the Website, you enter into a legal contract and agreement with Bob Acton Ceramics, the terms of which agreement are as stated in these Terms of Use.
By accessing this Website and thereby accepting and agreeing to these Terms of Use, you warrant and represent that you are of the full age of eighteen (18) years, or the age of majority in your jurisdiction of residence, whichever age is higher. If you are not of the age of majority, you cannot enter into this agreement and cannot use this Website.
We may change these Terms of Use from time to time and you agree to check for such changes each time you visit the Website. Your continuing to use or access the Website following our posting revised Terms of Use constitutes your acceptance of the revised Terms of Use.
Content contained in this Website is for general information purposes only. Any monetary amounts mentioned in this website are in Canadian dollars unless otherwise noted.
Grant of License
Bob Acton Ceramics grants you a limited, revocable, conditional and non-exclusive license to display and print the Content and other contents or information on or available through the Website for personal, non-commercial use only, provided you do not alter any of the Content or other information or contents. Any other use is strictly prohibited without the express written consent of Bob Acton Ceramics. Any rights not granted in these Terms of Use are expressly reserved by Bob Acton Ceramics.
Access to the Services via the Website is subject to a separate Services License Agreement, which you will be required to accept and agree to before having any access to the Services.
Alberta Law Applies
The laws of the province of Alberta, and the laws of Canada applicable in Alberta will govern the use of this Website and the interpretation, validity and effect of these Terms of Use, notwithstanding your physical location (whether permanent or temporary), residence or domicile. You hereby irrevocably consent, submit and attorn to the non-exclusive jurisdiction of the courts of the province of Alberta, sitting at Calgary, without regard to the conflicts of laws provisions of such courts, in any action or proceeding related to this Website, its contents, your use thereof or, subject to the provisions of any other agreement between you and Bob Acton Ceramics, your other dealings with Bob Acton Ceramics. You agree to not commence any such action or proceeding except in Calgary, Alberta, Canada, and you agree to not commence any action by way of class proceedings or class action, provided that nothing in the foregoing will restrict Bob Acton Ceramics from seeking an injunction or other relief in any court of competent jurisdiction to restrain a breach or threatened breach of these Terms of Use by you.
DISCLAIMER OF WARRANTIES AND CONDITIONS
THE WEBSITE AND THE SERVICES ARE PROVIDED STRICTLY ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF USE, BOB ACTON CERAMICS DISCLAIMS, AND YOU RECEIVE, NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, ITS CONTENTS, ANY INFORMATION, DATA OR MATERIAL CONTAINED ON OR AVAILABLE THROUGH THE WEBSITE, THE SERVICES, OR YOUR ACCESS TO THE WEBSITE.
LIMITATION OF LIABILITY
IN NO EVENT WILL BOB ACTON CERAMICS OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES. CONTRACTORS (INCLUDING OTHER PROFESSIONALS) OR AGENTS BE LIABLE OR RESPONSIBLE FOR ANY LOSS, CLAIM, COST OR DAMAGES WHATSOEVER AND HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OR DAMAGES FOR ANY FAILURE TO ACHIEVE EXPECTED RESULTS, FAILURE, ILL EFFECT, UNACCEPTABLE RESULTS OR NEGATIVE OUTCOME OF ANY USE OF THE SERVICES, LOSS OF PROFITS, ECONOMIC LOSS, BUSINESS INTERRUPTION, INTERRUPTION OF ACTIVITIES, FAILURE TO REALIZE EXPECTED REVENUE OR SAVINGS, OR LOSS OF DATA, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHERWISE, AND WHETHER ARISING OUT OF ANY USE OR MISUSE OF THE WEBSITE, OR ANY INTERPRETATION, RELIANCE UPON OR OTHER USE, AUTHORIZED OR UNAUTHORIZED, OF ANY INFORMATION AVAILABLE VIA THE WEBSITE OR THE SERVICES. UNDER NO CIRCUMSTANCES WHATSOEVER WILL BOB ACTON CERAMICS, OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OTHER PROFESSIONALS OR AGENTS BE LIABLE FOR ANY CLAIM IN EXCESS OF TEN DOLLARS ($10.00). THE FOREGOING PROVISIONS SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE AND NEGLIGENT MISSTATEMENT), CONTRACT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
The Services
All of the Services posted on, linked to, or available on or through the Website are subject to availability and to change without notice. Bob Acton Ceramics makes no offers subject to unconditional acceptance and any offer made by you is subject to review and acceptance by Bob Acton Ceramics. In addition, any contract concluded between you and Bob Acton Ceramics related to, or arising out of, the Services, requires acceptance of Bob Acton Ceramics’s standard contractual provisions related to the Services in effect at the time.
Accuracy of Information
While Bob Acton Ceramics takes reasonable efforts to ensure accuracy, completeness and timeliness of the Content and any other information or contents of the Website and the Services, Bob Acton Ceramics disclaims any liability whatsoever with respect to errors or omissions, howsoever caused.
Third Party Links and Endorsements
From time to time, Bob Acton Ceramics may post certain links on the Website that lead to websites maintained by independent third parties over which Bob Acton Ceramics has no control. Bob Acton Ceramics accepts no obligation to post or maintain any such links and there may be no such links at any given time. If Bob Acton Ceramics does provide such links, they have been provided solely as a convenience for users of the Website and do not constitute an endorsement by Bob Acton Ceramics of the content of such third party sites. Your use of such links is solely at your own risk. Links to this Website may also be provided from other sites either known or unknown to Bob Acton Ceramics and access to any other website linked to or from this Website is at your own risk. Bob Acton Ceramics makes no representations, warranties, conditions or guarantees, and disclaims all liability and responsibility for the privacy practices, content or accuracy of content on all such third party websites.
Nothing in this Website constitutes an endorsement or approval of any third parties or their advice, opinion, information, products or services, express or implied.
Internet Communications and Email
The Internet is not a secure medium and data in transit or housed on computers is subject to possible interception, loss, corruption, or alteration of communication for which Bob Acton Ceramics assumes no liability. You use the Internet and email at your own risk.
Any unprotected email or other communication over the Internet is not confidential, is subject to possible interception or loss, and is also subject to possible alteration. Bob Acton Ceramics will not be responsible for, nor be liable to you or anyone else, for any damages in connection with any Internet communication with Bob Acton Ceramics, nor for any email sent by you to Bob Acton Ceramics, or any email or other electronic communication sent by Bob Acton Ceramics to you at your request or in response to information received from you.
Rights
The Content and information accessed via the Website are available only under the conditions set out in these Terms of Use, except for the Services, which are subject to the Services License Agreement. In the event of a conflict between these Terms of Use and the Services License Agreement, the provisions of the Services License Agreement will prevail unless Bob Acton Ceramics expressly states otherwise.
Unless otherwise stated, all the contents of this Website and any information thereon, including the selection and arrangement of the elements making up this Website, are copyright © Bob Acton Ceramics Ltd., or its affiliates or licensors, all rights reserved. Bob Acton Ceramics and associated logos and designs are trade-marks and the exclusive property of Bob Acton Ceramics Ltd., all rights reserved. The trade-marks of third parties, if any, appear as permitted by any required licenses.
Linking
You may link to the front page of this Website at http://www.howtofeelfantastic.com/. Any other link to this Website, and any linking to other web pages within the Website or framing of content on this Website, is prohibited without the prior written consent of Bob Acton Ceramics.
General Terms
These Terms of Use will endure to the benefit of Bob Acton Ceramics Ltd. and its heirs, successor and assigns. In the event that any portion of these Terms of Use is found to be invalid by a court of competent jurisdiction, such provision shall be severed from these Terms of Use, and the balance of these Terms of Use shall remain in full force and effect.
Contacting Us and Receiving Information
Subject to these Terms of Use, the Website permits you to contact Bob Acton Ceramics to receive information, to request the Services or enter into the Services License Agreement, to provide Bob Acton Ceramics with questions or comments, and for such other purposes as Bob Acton Ceramics may permit from time to time.
Bob Acton Ceramics requests that you provide Bob Acton Ceramics with only such personal information as you reasonably should disclose in order to permit Bob Acton Ceramics to provide you with information, respond to you, or consider your queries. Bob Acton Ceramics accepts no liability for any failure to receive your information, or for any loss of, or damage to, information in transit to Bob Acton Ceramics, or received by Bob Acton Ceramics. Any personal information you provide is considered by Bob Acton Ceramics to have been provided with your consent, permitting Bob Acton Ceramics to collect, use and disclose such personal information for reasonable purposes related to your contacting Bob Acton Ceramics or receiving information from Bob Acton Ceramics.