Privacy Policy

TERMS OF USE
PLEASE READ THE FOLLOWING CAREFULLY.
BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
The following Terms of Use and end user license agreement (the “Terms of Use”) describe the terms and conditions applicable to your use of our services available under the domain of https://www.Berscheids.ca, its related webpages and sites (including, without limitation, any mobile optimization website) (collectively, the “Site”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained herein. The Terms of Use constitute an agreement between you (collectively, “user”, “you” or “your”) and Berscheids.ca Inc., and their affiliates and subsidiaries (collectively, “Berscheids”, “our”, “us” or “we”). These Terms of Use govern your use of and access to the Site, Content and/or Services (defined below) and are a legally binding agreement between you and Berscheids. We strongly recommend that you also access and read the other pages and Web sites referred to in this document, as they may contain further terms and conditions that apply to you as a Berscheids user.
We may amend this Agreement at any time by posting the amended terms on the Site. This Agreement may not be otherwise amended except in writing signed by you and Berscheids. It is your responsibility to ensure that you are aware of the current Terms of Use when you access or use the Site, Content or Services. If you continue to access or use any of the Site, Content or Services after any revisions to these Terms of Use are posted, you will be deemed to have accepted those revisions.
This site is owned and operated by V.J. Berscheid Ltd., a company incorporated under The Corporations Act (Manitoba). Berscheids reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations or updates.
DEFINITIONS
For the purposes of these Terms of Use:


“Content” means any expression fixed in a tangible medium and includes, without limitation, ideas, text, comments, video, audio, images, graphics, designs, drawings, animations, logos, trademarks, copyrights, information, data, software, scripts, tasks,
activities, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the Site and/or Services.


“Minor” means a person under the age of majority in the Manitoba.


“Services” means all services made available by Berscheids, including but not limited to services accessed through the Content or the Site.


Changes to Berscheids


Berscheids reserves the right, acting in its sole discretion and with or without prior notice to you, to do any of the following:


 modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site, Content or Services including, but not limited to, hours of availability, geographical availability and applicable policies or terms;


 make changes to any fees or charges, if any, related to your use of the Site, Content or Services;


 make changes to the equipment, hardware or software required to use and access the Site, Content or Services; and


 interrupt the Site, Content or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.


Updates and Discontinuance of Site or Services
You acknowledge and agree that Berscheids may update, modify, or discontinue any aspect of the Site or Services without your consent or approval and with or without prior, or any, notice to you and that these Terms of Use apply to those updates and modifications. We do not have any obligation to provide updates or modifications or to continue to provide particular Services.


Berscheids reserves the right, at any time and without notice or liability to you, to update, modify or reset certain parameters of the Site or Services any of which may impact your use of the Site and/or Services.


Laws and Regulations


Your access to and use of the Site, Content or Services is subject to all applicable international, federal, provincial, state and local laws and regulations.



USE OF SERVICES AND YOUR ACCOUNT
Your Account and Security
In order to access and use certain features of the Site or Services you may be required to register an account (the “Account”) through the Site or Services. When you register or update an Account, you will be required to provide us with certain personal information, which may include your name, e-mail address, telephone number, date of birth, gender, payment information, selected user name and password (the “Login Information”), and to grant express consent to Berscheids to contact you through the telephone number and e-mail address provided. This Login Information will be retained and used by Berscheids in accordance with our Privacy Policy. You agree that all Login Information provided by you will be accurate and complete and that you will promptly update such Login Information if and when it changes.


You are responsible for protecting the confidentiality of your Login Information, and for restricting access to your computer, mobile device or media system platform, and you agree to accept responsibility for all activities that occur under your Account. You are not permitted to share your Account(s) or Login Information or to allow any other person to access to your Account(s). You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Login Information or your Account(s), or any other security breach involving your Account(s) or the Site or Services at info@berscheids.ca. We are not responsible for any unauthorized access of your Account(s) or Login Information even if you have advised us of such. You are responsible for all activities that occur under your Account(s), including but not limited to purchases, whether or not such activities have been authorized by you. Berscheids has implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
As a condition of your use of this Site, you warrant to Berscheids that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with any other party’s use and/or enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Site.


Accessing your Account(s)


Each time that you log into and access an Account, you represent and warrant that:


 you are the person who registered the Account;


 all of the personal information registered in connection with the Account is current, complete and accurate;


 you are accessing the Site and using the Services solely for lawful purposes and in strict compliance with these Terms of Use;


 you are accessing the Site or Services solely for your own personal, non-commercial purposes;


 you are not, and are not acting on behalf of, any competitor or prospective competitor of Berscheids or its affiliates or subsidiaries; and


 you are not accessing the Site or Services for the purposes of any dispute or litigation involving Berscheids.


Service Monitoring and Suspension


Berscheids may monitor, terminate or suspend your Account or our Services at any time.
Berscheids may immediately, and without prior notice, terminate your ability to access each or both of the Site or Services or portions thereof for any reason including, without limitation: (i) if you violate or otherwise fail to strictly comply with any term or provision of these Terms of Use; (ii) if we have determined that your use has created or potentially created risk or legal exposure for Berscheids; or (iii) in response to requests by law enforcement or other government agencies. Upon termination of your access to the Site or Services or portions thereof for any reason, you must cease use of your Account(s), cease accessing the Site and Services and promptly destroy all electronic and other copies of all Content, including all related documentation.
You acknowledge and agree that any termination or suspension of your Account may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination or suspension of your Account or your access to the Site or Services.


Consent to Receive Electronic and Telephone Communications


You consent to receive telephone communications from Berscheids and electronic communications either in the form of email, SMS or other forms of electronic messages sent to you at the addresses and accounts listed on your Account or by communications posted on or notifications through the Site (collectively, “Electronic Communications”). You acknowledge and agree that any Electronic Communication shall satisfy any legal requirement that such communication or notification be in writing.
Upon registering an Account, you may receive Electronic Communications regarding the operations of our Services. You cannot opt out of receiving these communications while you continue to use our Services. You may also receive promotional Electronic


Communications while you use our Services.

You can opt out of these Electronic Communications at any time by using the unsubscribe feature located in the footer of such Electronic Communications, where applicable, or by managing your Account settings accordingly. You cannot opt out of Electronic Communications in the form of general notices on the Site to all users.
Text and Mobile Messaging Consents
Without limiting the generality of the foregoing, by using the Site and the Services you agree that we may communicate with you regarding our Site or Services or respond to your communications to us through the Services by Electronic Communications, including SMS, MMS, text message or other electronic means. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.


COMPLAINTS PROCEDURE


We take feedback very seriously. If you have any concerns regarding Berscheids or our services, please call us at 1-204-623-3930 or email us at info@berscheids.ca. We will respond promptly to follow up.


DEVICES AND MOBILE SERVICES


The Site may be available through certain mobile or other personal electronic devices. You acknowledge and agree that Berscheids is not responsible for ensuring that your device’s software is compatible with the Site or that you can use or access the Site or the Services through your particular device. If you are accessing the Services or the Site through a mobile device, you should check with your carrier to understand what voice, data and messaging rates will apply.


INFORMATION COLLECTION, OWNERSHIP AND USE


Privacy

By accessing or using the Site, Content or Services or otherwise accepting or agreeing to these Terms of Use, you fully and completely agree to the terms and conditions of Berscheids’ Privacy Policy (the “Privacy Policy”) and to any terms and conditions incorporated therein by reference. The Privacy Policy sets out how, why and to what extent Berscheids collects and uses your personal and non-personal information in
connection with your access to or use of the Site, Content or Services. The Privacy Policy, as amended from time to time, is available at Privacy Policy.


Transmission of Personal Data


You acknowledge and agree that by providing Berscheids with any personal or proprietary user information through the Site, Content or Services you consent to the transmission of such personal or proprietary user information over international borders as may be necessary for processing or storage in accordance with Berscheids’ standard business practices and Privacy Policy, subject to applicable laws which may prohibit Berscheids from transmitting certain personal information over international borders . To the extent required by applicable laws, Berscheids will maintain and store your personal information in Canada and not transmit such information across international borders. You should be aware that Linked Sites (as defined below) and any third party services which you may use to access the Content or Services may contain transmission of personal data provisions and be subject to privacy policies that differ from Berscheids’ Privacy Policy. Berscheids is not responsible for the policies of, or for the storage, handling or transmission practices or treatment of your personal information by Linked Sites and expressly disclaims any and all liability related thereto.
Feedback
Berscheids welcomes your ideas, suggestions and recommendations for Site features, functionality and enhancements (“Feedback”). Any Feedback you provide to Berscheids will be deemed non-confidential and Berscheids will be free to use such Feedback without restriction and without any compensation or obligations to you.


TERMS OF SALE


Ordering Process
All advertisements on the Site are invitations to purchase and are not offers to sell. Berscheids reserves the right, at its sole discretion, to accept or reject the order once you have completed and submitted your order.
You will receive online confirmation that your order has been received by Berscheids after you submit your order on this Site. This online confirmation that your order has been received by Berscheids does not constitute acceptance of your order. Rather, the confirmation of acceptance, rejection or cancellation of your order will be delivered via an automatic e-mail to the e-mail address associated with your account.

Rejections or Cancellations


There may be certain orders that Berscheids must reject before acceptance or cancel after acceptance. Berscheids reserves the right at any time after receipt of your order to accept or reject your order for any reason and Berscheids will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that Berscheids rejects your order, Berscheids will have no obligation to fulfill your order and you will have no obligation to pay Berscheids for the order. Berscheids also reserves the right, at its sole discretion, to cancel any order after acceptance for any reason. Some situations that may result in your order being rejected or cancelled include, without limitation:
1. Limitations on product quantities available for purchase;
2. Inaccuracies or errors in published product or pricing information;
3. A product recall on the item that you have ordered; or
4. Problems identified by Berscheids’ credit and fraud avoidance
Berscheids may also require additional verifications or information from you before accepting any order. Berscheids will contact you if all or any portion of your order is rejected after your order has been placed but before it is accepted by Berscheids or if additional information is required to accept your order.
Availability and Limitation of Products
The purchase of products on the Site is subject to availability. In the event that Berscheids advises you that any products are no longer available, Berscheids will have no obligation to provide such products and you will have no obligation to pay Berscheids for such products.
Price
If Berscheids changes its price between the time you place your order and when your item is available for pick-up or delivery, you will be charged the price in effect at the time your order is processed. Taxes will apply as of the date of pick-up or delivery.


By confirming your purchase at the end of the check-out process, you agree to pay Berscheids the amount set out as the order total in the Confirm Order and Shipping Address section of the checkout process, subject to adjustment as described in these Terms of Use (the “Purchase Price”). At the time of your order the order total will exclude items sold by weight, which amounts will be added to the order total when the order is completed. The order total is quoted in Canadian dollars and includes delivery fees (if applicable), and an estimate of all applicable taxes. The Purchase Price will be charged by Berscheids in Canadian dollars to your selected

Payment Method.

In the event that an item is listed at an incorrect price due to an error in pricing, Berscheids will have the right, at Berscheids’ sole discretion, to reject or cancel any orders placed for that item. In the event that an item is mispriced, Berscheids may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
For your convenience, the Site lists products that are carried in Berscheids’ brick-and-mortar location. Please note that products available for online purchase on the Site will be priced the same as those available at Berscheids’ brick-and-mortar location. Berscheids’ brick-and-mortar location will honor prices offered on the Site, unless the prices on the Site are incorrect as set out above, in which event Berscheids reserves the right to decline to sell that item to you in the store at the price indicated on the Site.
Quantity Limits and Dealer Sales
Berscheids reserves the right, at its sole discretion, not to sell or to limit the quantity of items ordered per person, per household or per transaction. These restrictions may be applicable to orders placed by the same account, the same Payment Method, and also to orders that use the same billing and/or shipping address. Berscheids will provide notification to you should such limits be applied at the time of the order or upon delivery. Berscheids also reserves the right, at its sole discretion, to prohibit orders by dealers or resellers. Unless otherwise agreed, customers may not order products online for resale. For purposes of these Terms of Use, reselling is defined as purchasing or intending to purchase any product(s) from the Site for the purpose of engaging in a commercial sale of that same product(s) to a third party. Any funds remitted by you for a cancelled order will be fully refunded in the same form as paid.


Payment Procedure


When you make a purchase, you must designate and provide information about your preferred payment method, including any applicable credit card information (“Payment Method”). When you provide any payment account information to Berscheids, you represent to Berscheids that you are the authorized user of that payment account.


Payment Terms


By making a purchase through the Site or Services, you agree to our Terms of Use, and any additional terms and conditions that are provided here. By making a purchase, you agree to pay any fees or other incurred charges that may apply to the products or services purchased. This information must be complete and accurate, and you are responsible for keeping it up to date. You hereby expressly authorize us to collect from your Payment

Method the appropriate fees charged for the purchases you elect to make. All fees due for purchases are payable at the time of purchase, and will be billed automatically to the Payment Method when the purchase is made.


E-COMMERCE TRANSACTIONS


You acknowledge and agree that only an adult (a person who has attained the age of majority in their local jurisdiction) can enter into and complete a transaction involving the payment of actual money. All payments must be remitted through an account of a payment provider or processor approved by Berscheids and you agree to abide by the terms and conditions applicable to that payment method. Berscheids, or its approved third party payment provider or processor will automatically charge your Payment Method, plus any applicable taxes we are required to collect, where you authorize us to do so. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR PAYMENT ACCOUNT(S). YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR OUR APPROVED PAYMENT PROVIDER OR PROCESSOR TO CHARGE YOUR PAYMENT ACCOUNT(S) OR THE ASSOCIATED CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT IS NOT REFUNDABLE IN WHOLE OR IN PART AND UNDER ANY CIRCUMSTANCES. INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OR SUSPENSION OF YOUR ACCOUNT(S) FOR ANY REASON, TERMINATION OF THESE TERMS OF USE OR INTERRUPTION OR DISCONTINUATION OF THE SITE, SOME OR ALL OF THE CONTENT OR SERVICES. In all cases, your order will represent your offer to Berscheids to acquire the product or service ordered, which offer will be deemed to have been accepted by Berscheids when your payment account is charged.


Use by Minors


The Site is designed for and intended for use by adults. If you are under the age of majority in the jurisdiction where you reside, you may use the Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of the Site by minors and others under your care or with access to computers and/or other electronic devices used to access the Site. You agree to be responsible for their use of the Site, whether or not such use is in conjunction with your personal account login.
Additionally, you are fully responsible for:
1. the online conduct of an authorized minor;
2. controlling the authorized minor’s access to and use of this Site and Services;
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3. the consequences of any misuse of this Site and any Services by the authorized minor; and
4. any purchases made by the authorized minor.
CONTENT OWNERSHIP AND USE
Trademarks, Logos and Berscheids’s Branding
The trademarks, logos, signs, symbols, images and brands (“Marks”) displayed on the Site are the property of Berscheids or our third party licensors. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of Berscheids or such third party which may own the Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks. All Content available on or through the Site or Services is protected by intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for commercial or public purposes.
Limited End User License
Subject to your strict compliance with these Terms of Use, Berscheids hereby grants you a limited, revocable, non-exclusive, personal, non-transferable license, without the right to sublicense, to access and use the (i) Site and (ii) Services on a single computer, mobile device or media platform (the “License”). You shall not acquire any ownership rights in the Content or in any of the Services or the Site. Except as expressly permitted under these Terms of Use you will have no rights to, either directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, transmit, modify, adapt, enhance, improve, create any derivative works from the Site or Services, disclose any part or feature of the Site or Services that Berscheids has not publicly disclosed, or to display, distribute, publicly perform or any other way exploit, the Site, Services or the Content in whole or in part. You acknowledge and agree that we may modify, suspend or remove any Content or features of the Site or Services at any time.
End-User License Term
The term of your License commences on the date of your acceptance of these Terms of Use and shall end on the earlier date of your or Berscheids’ suspension or termination of your Account. Your License shall terminate immediately, automatically and without notice

if you attempt to circumvent any technical protection measures used in connection with the Site or Services or you otherwise breach these Terms of Use.
LINKED SITES AND THIRD PARTY SERVICES
Linked Sites
Berscheids prohibits caching unauthorized hypertext links to the Site and the framing of any Content available through the Site. Berscheids reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any Linked Sites is at your own risk. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from those provided on the Site. Berscheids is not responsible for the policies, practices, condition and operation of any Linked Sites, and expressly disclaims any and all responsibility and liability to you if you access or use a Linked Site.
Services not Controlled by Berscheids
Some of the Content or Services may be accessible, or give you the ability to use such Content or Services, on or through a website, service or device not controlled by Berscheids. For example, you may have the option to use the Content or Services online on servers not owned or controlled by Berscheids, or Berscheids may make the Content or Services available through servers that are not owned or controlled by Berscheids. Berscheids takes no responsibility for your access to or use of the Content or Services through or on any third party device or service not controlled by Berscheids and otherwise has no control over how such services are offered, administered or operated. Any such use of services not controlled by Berscheids is at your own risk and may subject you to additional or different terms and conditions imposed by the third party that owns and controls such services.
WARRANTIES AND LIMITATION OF LIABILITY
No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL CONTENT, PRODUCTS AND SERVICES ON OR THROUGH THE SITE, CONTENT OR SERVICES OR OBTAINED FROM A WEB SITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”), ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY

WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. BERSCHEIDS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE, CONTENT, SERVICES OR A LINKED SITE BY ANY PARTY OTHER THAN BERSCHEIDS, OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. EXCEPT AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL BERSCHEIDS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR A USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT DISCLAIMED.
Limitation of Liability for Use of the Site, Content and Linked Sites
THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND DESCRIPTIONS OF CONTENT OR SERVICES PUBLISHED ON THE SITE OR A LINKED SITE, OR INCLUDED IN THE CONTENT OR SERVICES, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, BERSCHEIDS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE OR LINKED SITES OR CONTAINED IN THE CONTENT OR SERVICES. BERSCHEIDS MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE, CONTENT OR SERVICES AT ANY TIME.
YOU AGREE THAT BERSCHEIDS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR UNDER ANY OTHER LEGAL THEORY, FOR ANY PERSONAL INJURY, LOSS, ACCIDENT OR DEATH OR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF

THE SITE, CONTENT, SERVICES OR A LINKED SITE, OR FOR ANY DELAY OR INABILITY TO USE THE SITE, CONTENT, SERVICES OR A LINKED SITE, EVEN IF BERSCHEIDS IS MADE AWARE OF THE POSSIBILITY OF SUCH INJURY, LOSS, ACCIDENT, DEATH OR DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, MALWARE OR MALICIOUS SOFTWARE WHICH MAY INFECT A USER’S EQUIPMENT OR DEVICES, FAILURE OF THE CONTENT OR SERVICES TO BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION OR INTERCONNECT LINES OR FIBER, OR OTHER CONNECTIVITY PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, LOSS OF DATA, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE EVENT. BERSCHEIDS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR FREE OR SECURE ACCESS TO THE SITE, CONTENT OR SERVICES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL BERSCHEIDS BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO BERSCHEIDS.
APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF BERSCHEIDS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR UNDER ANY OTHER LEGAL THEORY, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, CONTENT OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO BERSCHEIDS.
Limitation of Liability for Services Arranged Through the Site
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL BERSCHEIDS BE LIABLE FOR ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, EQUITY OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN CONNECTION WITH OR RELATING IN ANY MANNER TO THE GOODS OR SERVICES OFFERED, PURCHASED OR SOLD THROUGH THE SITE, THEIR USE, SUITABILITY OR AVAILABILITY (INCLUDING THE INABILITY TO USE), OR OTHER ANY TRANSACTION CONDUCTED ON THIS WEBSITE, INCLUDING WITHOUT

LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY, NEGLIGENT OR OTHERWISE, AND YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AGREE NOT TO SUE, AND FOREVER DISCHARGE BERSCHEIDS AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL BERSCHEIDS BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO BERSCHEIDS.
APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF BERSCHEIDS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), IN EQUITY OR UNDER ANY OTHER LEGAL CAUSE OF ACTION, RELATED TO YOUR USE OF, OR THE INABILITY TO USE THE SITE, CONTENT OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO BERSCHEIDS.
INDEMNITY
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BERSCHEIDS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ADMINISTRATORS AND ASSIGNS (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES ON A FULL INDEMNITY BASIS AND ANY OTHER FEES AND EXPENSES INCURRED FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY SUFFER OR INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) YOUR OR ANY PERMITTED MINOR’S VIOLATION OF ANY OF THESE TERMS OF USE, (II) YOUR OR ANY PERMITTED MINOR’S USE OR MISUSE OF THE SITE, CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO YOUR OR A PERMITTED MINOR'S PERSONAL INJURY OR DEATH, (III) YOUR OR A PERMITTED MINOR’S USE OR MISUSE OF ANY LINKED SITES, AND (IV) YOUR OR ANY PERMITTED MINOR’S VIOLATION OF ANY LAW OR THIRD PARTY RIGHTS. WHEN PAYING BY CREDIT CARD, YOU AGREE TO INDEMNIFY BERSCHEIDS AGAINST ANY DEFAULT BY YOUR CREDIT CARD ISSUER TO MAKE PAYMENT TO BERSCHEIDS IN FULL.

WITHOUT DEROGATING FROM OR EXCUSING YOUR OBLIGATIONS UNDER THIS SECTION WE RESERVE THE RIGHT (AT YOUR EXPENSE), BUT ARE NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO AN INDEMNIFICATION BY YOU EVEN IF YOU CHOOSE TO DEFEND OR SETTLE IT. YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING OUR EXPRESS APPROVAL.
VIOLATIONS OF TERMS OF USE
You agree and acknowledge that Berscheids may, in its sole and absolute discretion and without prior notice to you, terminate or suspend your access to the Site and your use of Berscheids’ products and services, or any portion thereof, and cancel your Account if Berscheids has reason to believe that you have failed to strictly comply with these Terms of Use or that the use of the Site by you violates the rights of any third party or any applicable laws. In addition to the foregoing, Berscheids reserves the right to pursue all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Site. You agree and acknowledge that monetary damages may not be an adequate remedy for any violation of these Terms of Use by you and, without limiting any of Berscheids’ other remedies, you hereby consent to, and authorize Berscheids to obtain, an injunction or other equitable relief from any court of competent jurisdiction. You further authorize Berscheids to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.
TERMINATION
These Terms of Use, as amended from time to time by Berscheids, shall remain effective until terminated by you or Berscheids. You may terminate these Terms of Use by discontinuing use of the Site, Content, Services and your associated Account(s) and destroying all electronic and other copies of all related Content, including related documentation. Without limiting any other provision of these Terms of Use or the remedies available to Berscheids, Berscheids may immediately terminate these Terms of Use or cancel or suspend your Account(s) and access to the Site, Content or Services in its sole and absolute discretion and for any reason including, without limitation, if you violate or otherwise fail to strictly comply with any term or provision of these Terms of Use. Upon termination of these Terms of Use for any reason, you must cease use of your Account(s), cease accessing the Site, Content and Services and promptly destroy all electronic and other copies of the Content, including all related documentation.

DISPUTE RESOLUTION
You and Berscheids agree that any dispute, claim or controversy arising out of or relating to these Terms of Use, any policy or guarantee referred to herein, or the breach, termination, enforcement, interpretation or the validity thereof, or the use of the Site, Content or Services (collectively, the “Disputes”) will be settled by binding arbitration, except that each party retains the right to (i) bring an individual action in an applicable small claims court, such as the Manitoba Court of Queen’s Bench Small Claims Court in respect of any dispute relating to Berscheids, if the action is within the jurisdiction of that court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, confidential information or other intellectual property or proprietary rights. You acknowledge and agree that you and Berscheids are each irrevocably waiving the right to a trial by jury and the right to participate as a plaintiff or a class member in any purported class action or similar representative proceeding. Further, unless you and Berscheids expressly agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding. This “Dispute Resolution” section shall survive any termination of these Terms of Use.
Any arbitration to be conducted pursuant to this “Dispute Resolution” section where Berscheids is a party shall be conducted be conducted by a single, qualified arbitrator, in accordance with the National Arbitration Rules of the ADR Institute of Canada, Inc. pursuant to The Arbitration Act (Manitoba).
GENERAL
Governing Law
These Terms of Use and your legal relationship with Berscheids shall be governed by and construed in accordance with the laws of Manitoba, together with the federal laws of Canada applicable therein, without regard to its conflicts of laws principles. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the Sale of Goods. The controlling language of these Terms of Use is English.
Waiver and Severability
The failure of Berscheids to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable by any court of competent jurisdiction,

that provision shall be enforced to the maximum extent permissible and the remaining provisions of the Terms of Use will remain in full force and effect. All remedies of Berscheids here under shall be cumulative.
Force Majeure
Berscheids will not be liable for, or be considered to be in breach of or default under these Terms of Use on account of, any delay or failure to perform as required by these Terms of Use as a result of events beyond the reasonable control of Berscheids, including without limiting the foregoing where the delay or failure is due to fires or fire related hazards, explosions, power outages or interruptions, brownouts, internet service provider failure or delay, cyber attacks, server downtime, loss of servers, earthquakes, floods, spills, epidemics, acts of God, war or acts of war, acts of terrorism, riots, strikes, lockouts or other labour or contractor actions, acts of public authorities, or delays or defaults caused by common carriers, or other similar events which cannot reasonably be foreseen or provided against.
Notices
Any notices or other communications permitted or required here under, including but not limited to modifications to these Terms of Use or any policy or guarantee referred to herein, will be in writing and given by Berscheids (i) via email (in each case to the email address provided by you for your Account(s)) or (ii) by posting to the Site. Notice delivered by email will be deemed to have been received on the date on which such notice is transmitted.
Entire Agreement
These Terms of Use, together with the Privacy Policy and any supplemental terms and conditions referred to below, constitute the entire agreement between the parties concerning the subject-matter hereof and supersede and replace any and all prior oral or written understandings or agreements between you and Berscheids regarding the Site, Content and the Services.
Survival
The provisions of these Terms of Use which require or contemplate performance after the expiration or termination of these Terms of Use shall remain enforceable notwithstanding such expiration or termination.

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