Please read this agreement carefully. It governs your use of the
CANAIMPORTS.COM web site and the services and goods provided through
the web site (collectively the "web site"). It exempts
CANAIMPORTS.COM Ltd. and other persons from liability or limits
their liability and contains other important provisions that you
should read. Each time you use the web site you acknowledge and
signify that you have read, understood, and agreed to be bound
by this agreement. If you do not agree with each provision of
this agreement each time you use the web site, you may not use
the web site.
Each time you use the web site, the text of this agreement as
it then reads will govern your use. Accordingly, when you use
the web site you should check the date of this agreement and review
any changes since the last version.
This Agreement contains the following provisions
1. Your Acceptance of this Agreement
2. Changes to this Agreement
3. Permitted Users and Access
4. Misprints and Errors, Product Availability, Prices, and Orders
5. No Advice or Solicitation
6. Disclaimer, Liability Exclusion, Liability Limitation, Release
and Indemnity
7. Login Names and Passwords
8. Termination of this Agreement and the Web Site
9. Information Submissions
10. Ownership and Permitted Use of the Web Site
11. Personal Information Privacy
12. Trade-mark Information
13. Other Sites
14. Linking and Framing the Web Site
15. Postings and Unsolicited Submissions
16. Transaction Agreements
17. Software Agreements
18. Contests
19. Governing Law and Dispute Resolution
20. Other Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and CANA IMPORTS INC. ("CANAIMPORTS.COM"),
and governs your use of the CANAIMPORTS.COM Web site and its content
and the services and goods provided through the Web site (collectively
the "Web Site"). Each time you use the Web Site you
signify your acceptance and agreement, and the acceptance and
agreement of any person you purport to represent (and for purposes
of this Agreement, "person" includes any type of incorporated
or unincorporated entity), without limitation or qualification,
to be bound by this Agreement, and you represent and warrant that
you have the legal authority to agree to and accept this Agreement
on behalf of yourself and any person you purport to represent.
If you do not agree with each provision of this Agreement, or
you are not authorized to agree to and accept this Agreement,
or you do not have the legal authority to agree to and accept
this Agreement, you may not use the Web Site.
2. CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this Agreement in any
manner. CANAIMPORTS.COM may, in its sole discretion, change, supplement
or amend this Agreement as it relates to your future use of the
Web Site from time to time, for any reason, and without any notice
or liability to you or any other person, by posting a revised
Agreement on the Web Site.
3. PERMITTED USERS AND ACCESS
The Web Site may be used only by persons resident in Canada who
have reached the age of majority or legal age in their jurisdictions
and who can form legally binding contracts under applicable law.
The Web Site may not be used by persons in jurisdictions where
access to or use of the Web Site or any part of it may be illegal
or prohibited. It is solely your responsibility to determine whether
your use of the Web Site is lawful, and you must comply with all
applicable laws.
4. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES, AND
ORDERS
CANAIMPORTS.COM endeavours to provide current and accurate information
on the Web Site. Nevertheless, misprints or other errors may occur.
Accordingly, CANAIMPORTS.COM reserves the right to change the
prices, fees and charges regarding the goods and services available
through the Web Site at any time and from time to time without
any notice or liability to you or any other person. Also, CANAIMPORTS.COM
cannot guarantee that goods or services advertised on the Web
Site will be available when ordered or thereafter. CANAIMPORTS.COM
also reserves the right at any time to reject, correct, cancel
or terminate any order. If you order goods or services for which
the price was incorrectly displayed, CANAIMPORTS.COM will provide
you with an opportunity to cancel your order. If you order goods
or services that are not available, CANAIMPORTS.COM will notify
you by email. CANAIMPORTS.COM reserves the right to limit quantities
licensed or sold.
The advertisements on the Web Site are invitations for purchase
orders, and are not offers to sell. Your properly completed and
delivered order form constitutes your offer to purchase the goods
or services referenced in your order. Your order shall be deemed
to be accepted only if and when CANAIMPORTS.COM sends an order
acceptance and shipping notice email to your email address. If
you wish to cancel an order, you may request a cancellation by
sending an email to websupportcan@CANAIMPORTS.COM. However, CANAIMPORTS.COM
may not receive and process your cancellation request before it
accepts and processes your order, in which case your cancellation
request may not be effective.
5. NO ADVICE OR SOLICITATION
THE WEB SITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES
ONLY. THE WEB SITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED
STATEMENT CONCERNING THE MATTERS ADDRESSED; ADVICE OR RECOMMENDATIONS;
OR AN OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE. YOU SHOULD
SEEK PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR
OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THOUGH
THE WEB SITE.
6. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION,
RELEASE AND INDEMNITY
CANAIMPORTS.COM strives to make your use of the Web Site a useful
and enjoyable experience, and a safe and easy way to purchase
goods over the Internet. Nevertheless, CANAIMPORTS.COM and its
service providers (the "Providers") do not accept any
liability for your use of the Web Site. For that reason, the following
provisions apply to your use of the Web Site:
DISCLAIMER
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES
OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING
WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH
ARE HEREBY DISCLAIMED BY CANAIMPORTS.COM AND THE PROVIDERS TO
THE FULLEST EXTENT PERMITTED BY LAW.
YOU (AND NOT CANAIMPORTS.COM OR THE PROVIDERS) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER
OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO
YOUR USE OF THE WEB SITE.
THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS
BEYOND CANAIMPORTS.COM'S CONTROL. THE OPERATION OF THE WEB SITE
MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND
PRIVACY RISKS CANNOT BE ELIMINATED.
CANAIMPORTS.COM IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY
OF USERS OF THE WEB SITE.
THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY
TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH
TRANSACTIONS ARE AT YOUR OWN RISK. CANAIMPORTS.COM IS NOT A PARTY
TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING
ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CANAIMPORTS.COM
AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION
THAT:
THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED
EQUIPMENT AND SOFTWARE;
THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION
OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE,
COMPLETE, SEQUENTIAL, OR TIMELY;
CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE
WEB SITE;
THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING
OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS
OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING
INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
AND CANAIMPORTS.COM AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY
REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSION
CANAIMPORTS.COM AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS
OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE),
LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL
LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT
OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED
WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER
PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING
BY CANAIMPORTS.COM OR ANY PROVIDER OR ANY PERSON FOR WHOM CANAIMPORTS.COM
OR ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT CANAIMPORTS.COM
OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
LIABILITY LIMITATION
IN NO EVENT WILL CANAIMPORTS.COM'S OR ANY OF ITS PROVIDERS' TOTAL
LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS,
LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER
IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY,
AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING
BY CANAIMPORTS.COM OR ANY PERSON FOR WHOM CANAIMPORTS.COM IS RESPONSIBLE,
EXCEED $25 (CDN) OR THE AMOUNT YOU PAID TO CANAIMPORTS.COM FOR
THE USE OF THE WEB SITE, WHICHEVER IS LESS.
RELEASE
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF CANAIMPORTS.COM
AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS,
OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS,
SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED,
OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS,
COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES,
OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE
AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN,
WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR
ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF CANAIMPORTS.COM
AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS,
OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS,
SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED,
OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES")
FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS,
INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES,
INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM
OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE
OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST
AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED
PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY CANAIMPORTS.COM OR ITS REPRESENTATIVES,
WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY
OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE
AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE
OR INFORMATION.
The exclusion of certain warranties and the limitation of certain
liabilities is prohibited by legislation in some jurisdictions.
Such legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release,
and indemnity provisions in this Agreement survive indefinitely
after the termination of this Agreement.
7. LOGIN NAMES AND PASSWORDS
Web Site accounts may be accessed only by use of a unique login
name and password. The use of a password does not restrict access
by CANAIMPORTS.COM and its Providers to the password-protected
information. Login names and passwords may not be shared. For
security reasons, you must keep your login name and password confidential
and not disclose them to any person or permit any other person
to use them, except an authorized CANAIMPORTS.COM representative.
Also, passwords must be non-obvious, hard-to-guess, confidential
and changed on a regular basis, and you must log-out at the end
of each session.
You are solely responsible and liable for any use and misuse
of your login name and password and for all activities that occur
under your login name and password. You must ensure that all uses
of your login name and password comply with this Agreement.
You must immediately notify CANAIMPORTS.COM of any unauthorized
use of your login name or password, or if you know or suspect
that your login name or password has been lost or stolen, has
become known to any other person, or has been otherwise compromised.
All login names and passwords remain the property of CANAIMPORTS.COM,
and may be cancelled or suspended at any time by CANAIMPORTS.COM
without any notice or liability to you or any other person. CANAIMPORTS.COM
is not under any obligation to verify the actual identity or authority
of the user of any login name or password.
You must respond promptly to all email and other correspondence
from CANAIMPORTS.COM, including without limitation email and correspondence
concerning complaints or concerns regarding your use of your login
name or password or your use of the Web Site.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE,
AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN
RISK.
8. TERMINATION OF THIS AGREEMENT AND THE WEB SITE
If you breach any provision of this Agreement, you may no longer
use the Web Site.
CANAIMPORTS.COM may, in its sole discretion, change, suspend
or terminate, temporarily or permanently, the Web Site or any
part of it or any of its features at any time, for any reason,
without any notice or liability to you or any other person.
CANAIMPORTS.COM may at any time and for any reason, with or without
cause, and in its sole discretion, immediately suspend or terminate
(in whole or in part) your permission to use the Web Site and
your user password, all without any notice or liability to you
or any other person.
If this Agreement or your permission to use the Web Site is terminated
by you or CANAIMPORTS.COM for any reason, this Agreement will
nevertheless continue to apply and be binding upon you in respect
of your prior use of the Web Site and your purchases of goods
and services through the Web Site and anything connected with,
relating to or arising from those matters.
9. INFORMATION SUBMISSIONS
All information you provide through the Web Site, including registration
information (name and email address), payment information (credit
card numbers and expiration dates), and transaction-related information,
must be true, accurate, current and complete. You must also provide
CANAIMPORTS.COM with updated registration information and payment
information within 30 days of any changes.
CANAIMPORTS.COM will rely on the information you provide. You
will be solely responsible and liable for any and all loss, damage,
and additional costs that you, CANAIMPORTS.COM or any other person
may incur as a result of your submission of any false, incorrect
or incomplete information or your failure to update your registration
information and payment information within 30 days of any change.
CANAIMPORTS.COM may require a copy of a government-issued form
of identification before making any changes to your registration
information.
10. OWNERSHIP AND PERMITTED USE OF THE WEB SITE
The Web Site and all information (in text, graphical, video and
audio forms), images, icons, software, design, applications and
other elements available on or through the Web Site are the property
of CANAIMPORTS.COM, its Providers and others, and are protected
by Canadian and international copyright, trade-mark, and other
laws. Your use of the Web Site does not transfer to you any ownership
or other rights in the Web Site or its content. You may only use
the Web Site in the manner described specifically in this Agreement.
The Web Site may not be used for any purpose not expressly permitted
by this Agreement. In particular, except as expressly stated otherwise
in this Agreement, the Web Site may not be copied, imitated, reproduced,
republished, uploaded, posted, transmitted, modified, indexed,
catalogued, or distributed in any way, in whole or in part, without
the express prior written consent of CANAIMPORTS.COM. You may
not use any of the software that is used in the operation of the
Web Site except while you are use the Web Site. You may not reproduce,
copy, duplicate, sell, or resell any part of the Web Site (including
the software used in the operation of the Web Site) or access
to the Web Site.
The Web Site is made available to you for your lawful use only.
You may access and browse the Web Site using commercially available,
SSL-capable Web browser software. You may print or download the
pages of the Web Site for your personal use provided that you
do not modify any of the Web Site pages or other content and you
do not remove or alter any visible or non-visible identification,
marks, notices, or disclaimers.
11. PERSONAL INFORMATION PRIVACY
CANAIMPORTS.COM collects, uses, and discloses your personal information
in accordance with the Privacy Policy, which is available here
. CANAIMPORTS.COM may change the Privacy Policy from time to time
in its sole discretion. By accepting this Agreement, and each
time you use the Web Site, you consent to CANAIMPORTS.COM's collection,
use and disclosure of your personal information in accordance
with the Privacy Policy as it then exists without any further
notice or any liability to you or any other person.
12. TRADE-MARK INFORMATION
CANAIMPORTS.COM, the CANAIMPORTS.COM logo are registered
and unregistered trade-marks and trade names owned by CANA IMPORTS
INC.. and licensed to CANAIMPORTS.COM. Other product and company
names and logos appearing on the Web Site may be registered or
unregistered trade-names, trade-marks and service-marks of their
respective owners.
Any use of the trade-names, trade-marks, service-marks and logos
(collectively "Marks") displayed on the Web Site, except
as expressly provided in this Agreement, is strictly prohibited.
Nothing appearing on the Web Site or elsewhere shall be construed
as granting, by implication, estoppel, or otherwise, any licence
or right to use any Marks displayed on the Web Site.
13. OTHER SITES
The Web Site may include advertisements for, and links to, other
Web sites or resources and businesses operated by other persons
("Other Sites"). Other Sites are independent from CANAIMPORTS.COM,
and CANAIMPORTS.COM has no responsibility or liability for or
control over Other Sites, their business, goods, services, or
content. Links to Other Sites are provided solely for your convenience.
CANAIMPORTS.COM does not sponsor or endorse any Other Sites or
their content or the goods or services available through those
other Web Sites. Your use of Other Sites and your dealings with
the owners or operators of Other Sites is at your own risk, and
you shall not make any claim against CANAIMPORTS.COM arising out
of your use of any Other Sites or your dealings with the owners
or operators of any Other Sites. As between you and CANAIMPORTS.COM,
the provisions of this Agreement under the section headed Disclaimer,
Liability Exclusion, Liability Limitation, Release and Indemnity
apply, with all necessary modifications, to your access to and
use of any Other Sites and their business, goods, services, and
content.
14. LINKING AND FRAMING THE WEB SITE
Links to the Web Site without the express written permission
of CANAIMPORTS.COM are strictly prohibited. To request permission
to link to the Web Site, please contact webmaster@CANAIMPORTS.COM.
CANAIMPORTS.COM reserves the right to cancel and revoke any permission
it may give to link to the Web Site at any time, for any reason,
without any notice, and without any liability to you or any other
person. The framing of the Web Site or any of its content in any
form and by any method is strictly prohibited.
15. POSTINGS AND UNSOLICITED SUBMISSIONS
You may not use technologies such as Gooey or Third Voice
in connection with your use of the Web Site or to post comments,
communications, or any other data of any kind to or on the Web
Site with the intention that such postings may be viewed by other
users of the Web Site.
CANAIMPORTS.COM does not accept or consider unsolicited ideas,
including ideas for new advertising campaigns, new promotions,
new or improved goods, services or technologies, product enhancements,
processes, materials, marketing plans, or new product names. The
purpose of this policy is to avoid potential misunderstandings
or disputes. Accordingly, please do not send any unsolicited ideas,
suggestions or other materials ("Submissions") to CANAIMPORTS.COM
or the Web Site.
If you send Submissions to CANAIMPORTS.COM or the Web Site you
automatically grant (or warrant that the owner of the Submissions
grants) to CANAIMPORTS.COM and its assigns a perpetual, royalty-free,
irrevocable, unrestricted, non-exclusive, world-wide, assignable,
sub-licensable, right and license to use, copy, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
perform, display and otherwise exploit the Submissions or any
ideas, concepts, know-how or techniques associated with the Submissions
for any purpose whatsoever, commercial or otherwise, using any
form, media or technology now known or later developed, without
providing compensation to you or any other person, without any
liability whatsoever, and free from any obligation of confidence
or other duties on the part of CANAIMPORTS.COM or its assigns,
and you agree, represent and warrant that all moral rights in
the Submissions are waived in favour of CANAIMPORTS.COM and its
assigns.
16. TRANSACTION AGREEMENTS
All transactions through the Web Site, including the purchase
and sale of goods and services and the licensing of software,
are governed by this Agreement and any applicable Transaction
Agreement. By participating in a transaction through the Web Site,
you signify your agreement and acceptance of the applicable Transaction
Agreement.
17. SOFTWARE AGREEMENTS
CANAIMPORTS.COM may cause software to be available for you to
download from the Web Site or through other Web sites, including
Web sites operated by Providers. The software is protected by
copyright, and your downloading and use of the software are governed
by the applicable Transaction Agreement and the Software Licence
Agreement specific to the software. By downloading software, you
signify your agreement and acceptance of the applicable Transaction
Agreement and Software Licence Agreement.
18. GOVERNING LAW AND DISPUTE RESOLUTION
The Web Site is controlled by CANAIMPORTS.COM from Burnaby, British
Columbia. This Agreement, your use of the Web Site, and all related
matters are governed solely by the laws of the British Columbia,
Canada and applicable federal laws of Canada, excluding any rules
of private international law or the conflict of laws which would
lead to the application of any other laws.
Any dispute between CANAIMPORTS.COM and you or any other person
arising from, connected with or relating to the Web Site, this
Agreement or any related matters must be resolved before the Courts
of Ontario sitting in the City of Toronto, Ontario, Canada, and
you hereby irrevocably submit and attorn to the original and exclusive
jurisdiction of those Courts in respect of any such dispute or
matter.
Any claim or cause of action you may have arising from, connected
with, or relating to your use of the Web Site, this Agreement,
or any related matters must be commenced in a court of competent
jurisdiction in the City of Vancouver, British Columbia, Canada
within six (6) months after the claim or cause of action arises,
after which time the claim or cause of action is forever barred,
regardless of any statute or law to the contrary.
19. OTHER MATTERS
If any provision of this Agreement is found to be unlawful, void,
or for any reason unenforceable, then that provision shall be
deemed to be severed from the rest of this Agreement and shall
not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will enure to the benefit of
and be binding upon each of CANAIMPORTS.COM and its Providers
and each of their respective successors and assigns and related
persons, including without limitation CANA IMPORTS INC., and you
and your heirs, executors, administrators, successors, permitted
assigns, and personal representatives. You may not assign this
Agreement or your rights and obligations under this Agreement
without the express prior written consent of CANAIMPORTS.COM,
which may be withheld in CANAIMPORTS.COM's sole discretion. CANAIMPORTS.COM
may assign this Agreement and its rights and obligations under
this agreement without your consent.
No waiver, express or implied, by either party of any breach
of or default under this Agreement will constitute a continuing
waiver of such breach or default or be deemed to be a waiver of
any preceding or subsequent breach or default.
You and CANAIMPORTS.COM are independent contractors and no agency,
partnership, joint venture, employment or franchise relationship
is intended or created by this Agreement or your use of the Web
Site.
The parties have expressly requested and required that this Agreement
and all other related documents be drawn up in the English language.
Les parties conviennent et exigent expressement que ce Contrat
et tous les documetns qui s'y rapportent soient rediges en anglais.
Any rights not expressly granted by this Agreement are reserved
to CANAIMPORTS.COM.
This Agreement is subject to change without notice.