This Web Site Legal Terms and Disclaimer (the “Agreement”) is an agreement between you (“You” and “Your”) and The Scott Morgan Group Ltd. (the “Company”) who operates www.razorcompany.com (the “Website”). “We” and “Us” means both You and the Company. The effective date of this Agreement is when You accept or are deemed to accept this Agreement in accordance with the procedure set out in this Agreement. Acceptance Procedure IMPORTANT! YOUR USE OF THIS WEB SITE MEANS THAT YOU ACCEPT THESE LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE APPLICABLE TERMS AND CONDITIONS AS SET OUT BELOW. IF YOU DO NOT AGREE WITH THEM, PLEASE EXIT THE WEBSITE. The Website is a source for razors and other grooming products (the “Products”). The Content and Products that are listed on or through the Website are not manufactured or produced by the Company. All use of the Content or Products listed on the Website is at Your own risk. You should apply Your own judgment in making any use of the Content or Products listed on or through the Website. Furthermore, You expressly acknowledge that the Company does not guarantee that any of the Products listed on the Website will be available before, during, or after placing Your order. You hereby consent to the exchange of information and documents between Us electronically over the Internet or by e-mail and that this electronic Agreement shall be the equivalent of a written paper agreement between Us.
1. Ownership and Copyright.
You acknowledge that any and all information including without limitation any content, product descriptions, comments, data, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on the Website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or its licensors, as the case may be.
2. Permitted Use.
The Company hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download one copy of the Content.
3. Restrictions On Use.
You agree that You will not: (i) reproduce or distribute the Content in any way or for any purpose; or (ii) create derivative works of, decompile, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, transfer, loan, lease, assign, share, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Website or its licensors or allow any third-party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
4. Membership and Fees.
The Website charges fees for certain things including some of the Products. When purchasing an item, You will have the opportunity to review and accept the applicable fee(s). All fees are quoted in Canadian Dollars, and may change from time to time. You are responsible for paying fees when they are due, including any additional taxes or other applicable fees. If payment is not made when it is due, the Company reserves the right to collect outstanding fees by other avenues available to the Company. The Company does not guarantee that the Products or Content on the Website is accurate, or will perform error-free, nor does the Company guarantee any performance or result(s) for the Products of Content. All sales are final, and non-refundable. If You are not satisfied with a product, please contact the Company.
5. Renewal and Modification of Subscriptions:
The Company will automatically renew Your subscription based on the same terms as Your most recent subscription. The Company reserves the right to modify Your subscription terms upon notice to You of said modifications. If the Company modifies the price(s) of Your subscription, the Company will notify You of said changes via the email address associated with Your account. Modifications to subscriptions shall take effect on the 30th day after the Company notifies You of said changes. You may cancel Your subscription at any time by following the steps below in the Cancellation section. If You do not cancel Your subscription prior to renewal or within the 30 days from when the Company notifies you of any modifications to subscription terms, You shall be deemed to have accepted the renewal or modification of Your subscription, and the Company shall proceed to charge You the applicable fees.
You may cancel Your subscription at any time by notifying the Company in writing at email@example.com. Upon receipt of Your cancellation notice, the Company will send a cancellation confirmation to the email address associated with Your account. Cancelations shall take effect on thirtieth (30th) day after You receive a cancellation confirmation from the Company. Any fees that are already paid by You to the Company are non-refundable. Payments are handled by third parties including payment processors and credit card companies. You agree that any chargebacks or other payment related issues are between You, the payment processors, Your credit card company, or other third party as the case may be.
7. Sharing Your Information.
THERE IS NO GUARANTEE THAT PERSONAL INFORMATION OR TRANSACTIONS ON THE WEBSITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THE WEBSITE, THE PRODUCTS, AND THE CONTENT IS AT YOUR OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, THE PRODUCTS, YOUR USE OF THE WEBSITE OR PRODUCTS, OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.The Website may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not monitor or control such sites. A link to another site should not be construed to mean that the Website is affiliated or associated with same. THE WEBSITE DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT OR PRODUCTS, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER WEB SITES. The mention of another party or its product or service on this web site should not be construed as an endorsement of that party or its product or service.The Website will not be responsible for any damages You or any third-party may suffer resulting from the Products, or the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize the Website to make, or for any errors or any changes made to any transmitted, stored or received information.THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND ANY USE OR DECISIONS WHATSOEVER THAT ARE BASED ON THE CONTENT ARE AT YOUR OWN RISK.EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE WEBSITE, CONTENT, PRODUCTS, AND SERVICES ON THE WEBSITE OR MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO SAFETY, DURABILITY, UNINTERRUPTED OR ERROR FREE OPERATION, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR PHYSICAL HARM, DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.IN NO EVENT WILL THE WEBSITE, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, PAYMENT ERRORS OR PROBLEMS, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; THE INTERNET BACKBONE; PERSONAL INJURY, OR DEFECTIVE PRODUCTS; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THE WEBSITE, THE PRODUCTS, OR THE CONTENT; ANY OTHER WEB SITE ACCESSED TO OR FROM THE WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE WEBSITE, EVEN IF THE WEBSITE OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.THE COMPANY ASSUMES NO OBLIGATION TO UPDATE THE CONTENT. THE CONTENT MAY BE CHANGED WITHOUT NOTICE TO YOU. THE WEBSITE IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT OR THE PRODUCTS FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
This Agreement and Your subscription, if any, is effective until terminated by the Company, with or without cause, in the Company’s sole and unfettered discretion. The Company may terminate this Agreement or Your subscription without notice to You if You fail to comply with any of its terms. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and other equitable remedies. The disclaimers, limitations on liability, ownership and copyright of the Content, termination, interpretation, Your license to the Company, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
You agree at all times to indemnify, defend and hold harmless the Company, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of: (i) any information or other content You provide on or through the Website or by e-mail or other correspondence; or (ii) Your use or misuse of the Content, Products, or the Website, including without limitation infringement claims.
12. Governing Law.
The Company is located in the Province of Ontario, Canada. This Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. In the event of a dispute, We agree to submit to the non-exclusive jurisdiction of the Ontario courts. You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against the Company in any matter related to the Website, the Content or this Agreement and, where, applicable, You also agree to opt out of any class proceedings against the Company or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en Anglais.
13. Entire Agreement.
This Agreement as it may be amended from time to time in accordance with the provisions of Section 12, and any and all other legal notices and policies on this web site, constitute the entire agreement between You and the Company with respect to the use of the Website, the Content, or the Products.
14. Amendment and Waiver.
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction. Enurement. This Agreement shall enure to the benefit of and be binding upon each of Us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, and having the authority to accept this Agreement. The Scott Morgan Group Ltd.