This website is owned and operated by Transitions For
You.
No portion of this site may be reproduced without express
written consent. Copyrighted information includes, but
not limited to: text, graphics, photos, logos, method
of function, scripts, html and layout.
If you have any questions regarding our copyright notice
please contact us: info@transitionsforyou.com
Please read the:
Transitions For You - Electronic Commerce User Agreement
and Licence
Read all the terms and conditions of the Agreement
before accessing the Transitions For You web site. By
accessing the Transitions For You web site your organization
(“you”)agree to these terms and conditions,
as modified or amended from time to time and each time
you access the Site, you re-confirm your agreement.
If you do not agree to these terms and conditions, you
may elect not to access the Site. This agreement is
effective from the day you initially access the Site
until such time as you cease to purchase goods and/or
services from Transitions For You or it’s agents.
1. Definitions. For the purpose of
this Agreement, the following definitions shall apply.
a) Site or Web Site. The Site or Web
Site means all information, content, concepts, program
interfaces, structures, functionality, computer code,
published materials, electronics documents, graphic
files and other technology internet in Transitions For
You world wide web site at www.transitionsforyou.com.
b) Software. The Software, if any,
includes all concepts, users and program interfaces
and structures, functionality, computer code and other
technology inherent in all computer software programs
and all copies of the software supporting any of Transitions
For You electronic commerce tools and products.
c) Databases or Informational Databases.
The informational Databases or Database includes all
information accessible from Transitions For You through
the software or the Site, which may include, but is
not limited to, data structures, technical and other
specifications, pricing advise, and other data and information.
All data and other information available on the Site
is proprietary, confidential and the sole property of
Transitions For You or third parties licencing such
information to Transitions For You
2. Security. You must enter a valid
user ID and password (“access codes”) to
use certain Software, access some of the Databases or
access the Web Site’s secure areas. It is your
sole responsibility to monitor use of the access codes
for all purposes, including, but not limited to ordering.
You accept all responsibility for the security of your
user ID and password, and utilization of the Software,
Informational Databases or Web Site via the access codes.
This includes unauthorized access by your employees
or third parties, except for access by third parties
resulting from Transitions For You’s sole negligence.
Notify Transitions For You immediately if you wish to
terminate your user ID and password or have these access
codes reissued. Do not disclose your access codes to
anyone not authorized to act on your behalf.
3. Order Validity. You agree not to
contest the validity of enforceability of orders placed
via the Web Site’s secure areas under the provisions
of any applicable law. All orders placed using the user
ID and password shall, for all purposes , be deemed
to be in writing signed by you and will be admissible
as between the parties to the same extent and under
the same conditions as other business records originated
and maintained in documentary form.
4. Terms and Conditions of Sale. Unless
otherwise stated in an express written agreement signed
by and officer of Transitions For You, the terms and
conditions contained on Transitions For You’s
written invoices, the catalog, and available on line,
as amended from time to time, shall apply to all transactions
initiated via the Software or through the Web Site.
5. Termination and Modification. Transitions
For You may elect to update, modify, change or terminate
all or any part of the functionality available through
the Software or Informational Databases or Site, including
modification or termination of the ability to place
orders or make inquiries at any time in the future.
Transitions For You may modify this Agreement from time
to time. Any amendments or modifications may be provided
to you through on-line notice. You agree that use of
the Software or access to the Informational Databases
or Site after you have or should have received, notice
of modifications or amendments to this Agreement will
constitute acceptance of all such modifications or amendments.
You agree on termination of the Agreement immediately
to cease accessing the Informational Databases and to
return any Software provided. The Software, Informational
Databases and the Site’s secure areas are confidential
information of Transitions For You. or companies licencing
Transitions For You and contain copy righted information.
6. License. The Software and Informational
Databases are not sold but licences to you for your
internal use in your ordinary course of business for
your review, selection, order preparation, support and
purchasing of products sold by Transitions For You This
licence is for the period beginning with your acceptance
of this Agreement until termination by you for failure
to maintain the terms and conditions of this Agreement,
is non-transferrable and non-exclusive; and is for use
only by your employees engaged in your purchasing products
and services from Transitions For You for the operation
of your business, and only in accordance with this Agreement
and any documentation provided to you or available on-line
from time to time. You may NOT, except as otherwise
provided in the documentation or on-line.
a. Copy any of the Site, software or Informational Databases;
b. Distribute, rent, sub-licence or otherwise transfer
or disclose, or (except to access the Database in accordance
with the documentation) transmit the Site, Software
or Informational Databases electronically to any person
or entity;
c. modify, translate, merge, or prepare derivative works
of the Site, Software or Informational Database; or
d. Use any of the Site, Software or Informational Databases
for service bureau or other purposes not specified in
this Agreement or the documentation. You may not decompile,
disassemble, probe, or otherwise reverse engineer the
Software, Informational Databases or the Site.
7. Disclaimer of Warranty; Limitation of Remedies.
Transitions For You is licencing the Software, Informational
Databases and Site “AS IS” and “AS
AVAILABLE”. You acknowledge that the Site and/or
Software are licensed for use by you as a convenience
for you in communicating with Transitions For You You
assume total responsibility and risk for your use of
the Software, Informational Databases, Site ELECTRONIC
COMMERCE USER AGREEMENT AND LICENCE and your use of
the Internet. Transitions For You HEREBY DISCLAIMS ALL
WARRANTIES, REPRESENTATIONS AND CONDITIONS, STATUTORY
OR OTHERWISE, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED WARRANT Y OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO
ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH
THE SOFTWARE, SITE OR INFORMATIONAL DATABASES. Transitions
For You shall not be liable to you or any third party
for any damages arising from or as a result of any delay,
omission or error in electronics transmission or receipt
of any orders or otherwise made pursuant to the Software
or via the Site, even if advised of the possibility
of such damages. THE DATABASE CONTAINS INFORMATION OBTAINED
BY Transitions For You FROM SUPPLIERS, MANUFACTURERS
AND OTHERS THAT INDUSTRY SOURCES BELIEVE WERE RELIABLE
, BUT Transitions For You MAKES NO WARRANTY AND DISCLAIMS
ALL WARRANTIES AND LIABILITY REGARDING DATABASE ERRORS
AND OMISSIONS, AND IT IS SOLES YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF
ALL OPINIONS, ADVISE, SERVICES OR OTHER INFORMATION
CONTAINED IN THE INFORMATIONAL DATABASES AND THE SITE.
you agree that the Site and/or Software give you significant
benefit for no or a modest economic consideration. Your
sole and exclusive remedy for any breach of this Agreement
by Transitions For You shall be to terminate the Agreement
and the return of any license fee paid by you to Transitions
For You IN NO EVENT WILL Transitions For You BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES ON ANY LEGAL THEORY WHETHER
IN CONTACT, TORT, EQUITY OR AT LAW, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. Additional disclaimers
may be contained in the Software, Site and Database.
8. Governing Law. This Agreement and
your use of the Software, Informational Databases and
Site are governed by internal Alberta law and applicable
federal laws of Canada. The venue for any disputes arising
out of this Agreement shall be, at Transitions For You’s
sole and exclusive option, the courts with proper jurisdiction
at Transitions For You’s corporate headquarters,
or the courts with proper jurisdiction at your location.
9. Your Obligations. You agree that
you shall not use the Software, Informational Databases
or Site to do any of the following
a) Restrict or inhibit any other user
from using and enjoying the Internet, Site, Software
or Informational Databases.
b) Post or transmit any unlawful, illegal,
obscene or pornographic information of any kind, including,
without limitation, any transmissions constituting or
encouraging conduct that would constitute a criminal
offence, give rise to civil liability or otherwise violate
any local, provincial, national or international law,
including, without limitation, the Canadian Export Control
laws and regulations.
c) Knowingly post or transmit any information
or software which contains a virus, worm, cancelbot
or other harmful component;
d) Upload, post, publish or transmit,
reproduce, distribute or participate in the transfer
or sale, or in any way exploit any information, software
or other material obtained through the Software, Site
or Informational Databases which is protected by copyright
or other proprietary right or derivative works with
respect thereto, without obtaining permission fo the
copyright owner or right holder.
e) In addition you may not effect or
participate in any activity to
i. Post to any usenet or other news group, forum, Email
listing or similar group or list, articles which are
off topic according to the charter or other public statements
of the group or list;
ii. Send unsolicited mass mailings; or
iii. Falsify or “spoof” user information
proved to Transitions For You or to other users on connections
with the use of Software, Informational Databases or
the Site.
10. Indemnity. You agree to defend,
indemnify and hold Transitions For You and its affiliates,
and its and their directors, employees and agents harmless
from any and all liabilities, costs and expenses, including
reasonable attorney’s fees related to or arising
from
a) The use of the Software, Informational
Databases or Site or the placement or transmission of
any message, information, software or other material
on the Site by you;
b) Negligent acts or omissions by you
in connection wit h the Installations, use or maintenance
of the Software, Informational Databases or Site;
c) Claims for infringement of patents
arising from the use of the Software, Informational
Databases or Site by you and,
d. Claims of copyright infringement resulting from the
use of the Software, Informational Databases or Site
by you.
11. Product Availability and Pricing.
Transitions For You provides access to product and pricing
information on an international basis as a result of
making such information available on the World Wide
Web. Such information may contain references or cross
references to products, programs, prices, promotions
and services that are not announced or available in
your country. Such reference does not imply that Transitions
For You intends to announce or make available such products,
programs, promotions or services, under such prices
in your country. Any promotions my not apply in your
geographic region. Please check with your Transitions
For You representative regarding product availability,
pricing and promotions and the availability thereof
your geographic area. The products listing the Informational
Databases may not be available in your location due
to specific legal requirements related to export restrictions
an other legal or contractual requirements imposed up
on Transitions For You or of your geographic location.
Transitions For You assumes no responsibility for being
unable to provide products or services due to such legal
or contractual requirements. You assume all responsibility
for obtaining all necessary approvals to obtain Transitions
For You products or services.
