2. Site Use Generally
2.2 Your use of the Site and all information, data, text, software, information, images, sounds or other materials contained therein, or your use or purchase of any other Offerings confirms your unconditional agreement to be bound by this Agreement and is subject to your continued compliance with the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, do not access or otherwise use the Site or participate in any of the Offerings.
2.3 If you are dissatisfied with the Site or other Offerings, your sole and exclusive remedy is to stop using the Site or Offerings, except for the limited warranties that may apply to Onyxum’s Offerings or as otherwise expressly stated in section 5 of this Agreement (Onyxum Customer Guarantee).
3. License and Eligibility
4. Limitations on Your Use
No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, without Onyxum’s prior written permission, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, non-commercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands. You may not, without our prior written permission, frame or mirror any material contained on this Site on any other server. The unauthorized use of any such material on any other website or computer environment is expressly prohibited.
In the event that we offer downloads of software from this Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”) are licensed to you by us or third party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
5. Customer Guarantee
Onyxum guarantees any product or service which carries the Onyxum name and certifies that the products and services the high standards customer use. We are confident that you will find our products and services satisfactory in every way. We stand behind their quality and guarantee your satisfaction. However, if for any reason, you are not completely satisfied with any Onyxum product purchased from www.onyxum.com, we offer a full refund within 21 days of purchasing an Onyxum product and service.
6.1 “Affiliates” is the term used to describe both Customers and IBOs. Our services may be advertised or promoted through our network of Independent Business Owners (“IBO(s)”), who are each independent promoter of the Company’s products and services. When you register your account online with Us, you become a customer of Onyxum and you will receive an Onyxum identification number (“Onyxum ID”). If a customer meets the specified requirements explained in the Compensation Plan then the customer will be invited by Onyxum to become an IBO. As an IBO you are granted the opportunity to participate in the Company promotions program in accordance with the requirement provided in Section 2 as well as those set forth in the Compensation Plan, P&P and the Affiliate agreement.
8. Accessing the Website and Account Security
8.1 We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
8.1.1 You are responsible for:
· Making all arrangements necessary for you to have access to the Website.
8.3 If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
9. Intellectual Property Rights
9.1 The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Onyxum Inc., its licensors or other providers of such material and are protected by Canada and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
· If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
· If we provide social media features with certain content, you make take such actions as are enabled by such features.
· You must not:
· Modify copies of any materials from this site.
· Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website services or materials available through the Website.
9.3 If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected]
10. Copyright permission
10.1 Notwithstanding the provision contained in Section 6, permission is granted for viewing the pages of the Website on the Internet, subject to the terms and conditions of this Agreement. In addition, Affiliates’s participating in the promotions program are hereby granted permission to download product and botanical images from the Website. People or model images cannot be downloaded or copied due to copyright laws. Copies downloaded or taken from Onyxum literature must be used exactly as printed or written. Changing a word or two may change the real meaning or definition. In the event that information is downloaded from the Website, the information, including any Content, data or files incorporated in or generated by the Website are owned by the Company and the Company retains complete title to the information and all property rights therein. All other rights reserved.
11.1 The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written consent of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
12. Prohibited Uses
· In any way that violates any applicable federal, state, provincial, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
· For fund raising events which includes the activity for purchasing our services based on the representation that all or a portion of gains, proceeds, or profits generated by such sale will provide an individual /prospect/user a benefit.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Website.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
13. Member Contributions
13.1 The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
13.3 Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.
13.5 You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
13.6 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
10.7 We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
14. Monitoring and Enforcement; Termination
14.1 We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
14.2 Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
14.3 However, we cannot/do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
15. Content Standards
15.1 These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable national, federal, state, provincial, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote or assist any unlawful act.
· Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
16. Copyright Infringement
We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following:
· A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the Site;
· Your physical address, telephone number and email address;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by the law; and
· A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to our copyright agent that includes the information below. To be effective, the counter-notification must be a written communication that contains the following:
· Your physical or electronic signature;
· Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
· A statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
· Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Onyxum may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:
Onyxum Services Inc: 600-1741 Lower Water Street, Halifax, Nova Scotia, Canada, B3J 0J2
17. Reliance on Information Posted
17.1 The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
17.2 This Website may include content provided by third parties, including materials provided by other users, bloggers and third- party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
18. Changes to the Website
18.1 We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
20. Linking to the Website and Social Media Features
20.1 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
20.2 This Website may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on this Website.
· Send e-mails or other communications with certain content, or links to certain content, on this Website.
· Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
20.3 You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
· Link to any part of the Website other than the homepage.
20.5 You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
20.6 We may disable all or any social media features and any links at any time without notice in our discretion.
21. Public Forums and Communication
21.1 “User Forum” means an area or feature offered as part of this Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function. User Forums are provided to give users a forum to express their opinions and share their ideas and information.
21.2 You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your User ID, username or otherwise by you in any User Forum and for the consequences of submitting and posting the same. The individual who posts content in the User Forums (“Community Content”) is responsible for the reliability, accuracy, and truthfulness of such content, and we have no control over the same. Additionally, we have no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.
This means that you, and not us, are solely responsible for all Community Content that you upload, post, transmit, or otherwise make available through or on the Site. You are also solely responsible for all Community Content posted under your user account. You represent and warrant that (i) you own or otherwise control all of the rights in and to the content that you post; (ii) that the content is accurate and truthful; (iii) use of the Community Content you supply does not violate these Terms; (iv) the Community Content does not infringe, violate, or interfere with any intellectual property or other rights of any third party and does not violate any applicable law or regulation; and (v) the Community Content will not cause injury to any person or entity. If we determine, in our sole discretion, that any Community Content submitted by you is offensive or inappropriate, we may remove it immediately or ask you to retract or modify the Community Content in question. If you fail to meet our request within the time specified, we may remove the Community Content. We have no obligation, however, to restrict or monitor Community Content in any way.
21.3 Should Community Content be deemed illegal, we will cooperate with the proper authorities, including but not limited to submitting all necessary information to them.
21.4 You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. You understand that the uploading to and/or posting of any Community Content in any User Forum shall not be subject to any obligation of confidence on the part of Onyxum, and we shall not be liable for any use or disclosure of any Community Content. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
21.5 We do not and cannot review every message posted by users in the User Forums, and Onyxum is not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Information disclosed in the User Forums is by design revealed to the public. You acknowledge that we are under no obligation to pre-screen Community Content. We reserve the right, but are not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Site for any reason in our sole discretion. In addition, we may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend our rights and property or to protect the safety of our users or the public. In no event do we assume any obligation to monitor the User Forums or remove any specific material.
21.6 Any material, information, or idea you submit to us or the Site by any means may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. We have no obligation to keep any submissions confidential, return any materials that you submit to us, or compensate you for the use of any such materials under any circumstances. You hereby irrevocably waive any claims based on our use of any materials, ideas, or information that you submit to us.
21.7 You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any User Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any User Forum and we specifically disclaim any and all liability in connection therewith. We do not control the Community Content posted on or through the Site and, therefore, we do not guarantee the accuracy, integrity, or quality of such Community Content. You are solely responsible for any use or reliance on the Community Content, including on its accuracy, completeness, or usefulness. Under no circumstances will we be liable in any way for any Community Content, including, but not limited to, any errors or omissions in any Community Content, or for any loss or damage of any kind incurred as a result of the use of any Community Content posted, transmitted, or otherwise made available through the Site.
21.8 We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.
21.9 We do not claim ownership of the Community Content you upload, place, or post through the Site. You are responsible for protecting your rights in such Community Content and are not entitled to our help in protecting such Community Content. By uploading, placing, or posting Community Content through the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable license, under all intellectual property and other rights, including, without limitation, privacy and publicity, to use, distribute, reproduce, modify, adapt, translate, publicly perform, publicly display, transmit, exploit, create derivative works from the Community Content (in whole or in part), and incorporate such Community Content into other works in any format or medium now known or later developed, for any purpose associated with the Site. You grant us and our sub-licensees the right to use the name that you submit in connection with such Community Content, if we choose. You hereby irrevocably waive any claims based on “moral rights” and similar theories, if any. Please note, however, that certain activities (e.g., contests) that involve the submission of Community Content by you may have terms applicable to your Community Content that differ from those above. In the event such terms differ with these terms, such terms will govern and have precedence over these terms with respect to your Community Content.
22. Links from the Website
23. Anti-Spam Policy
23.1 We strictly prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending any commercial electronic message to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless express consent has been obtained from the message/email recipient or unless a business or personal relationship has already been established with the message/email recipient. We also prohibit using false headers in emails or falsifying, forging or altering the origin of any email in connection with Us, and/or our materials and services. We also prohibit engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
24. Geographic Restrictions
24.1 The owner of the Website is based in the Province of Nova Scotia, Canada. We provide this Website for use only by persons located in countries in which the Company does business. We make no claims that the Website or any of its content is accessible or appropriate outside of those countries. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside a market in which Company does business, you do so on your own initiative and are responsible for compliance with local laws.
25. Disclaimer of Warranties
25.1 You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
25.2 YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
25.3 THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
25.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
26. Limitation on Liability
26.1 IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
28. Limitation of Action
29. Governing Law and Jurisdiction
30. Errors and Corrections
30.1 While we use reasonable efforts to include accurate and current information on our Website, we do not warrant or represent that the Website will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Website, including pricing and availability of materials and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Website’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us as described in the “Contact Us” section, below, and we’ll verify it for you.
31. Waiver and Severability
32. Entire Agreement
33. Contact Us
This website is operated by Onyxum Services Inc., 600-1741 Lower Water Street, Halifax, Nova Scotia, Canada, B3J 0J2 If you have any concerns about the Website or these Terms, please send us an e-mail or call us at the below number. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention. [email protected]
Thank you for visiting the Website.