Welcome to our Web site (the “Web site”). Terry Naturally CANADA (“Terry Naturally,” “we,” “us,” or “our”) provides the following Terms and Conditions Agreement (the “Agreement” to govern your use of the Internet Web site owned and operated by Terry Naturally CANADA (the “Service.”) Please carefully review this entire Agreement. The Service is offered to you conditioned on your acceptance without limitation or modification of the terms, conditions, and notices contained in the Agreement. By accessing and using the Service, you are accepting and providing your binding consent to all such terms, conditions, and notices. If you do not agree to be bound by this Agreement, you are not authorized to use this Service. Please print and keep a copy of this Agreement.
2. Accuracy of Information
The Web site contains information and resources related to Terry Naturally and its products. We attempt to be as accurate as possible with this information when describing our products on the Web site. However, we do not warrant that the product descriptions, colors, or other content on the Web site are accurate, complete, reliable, current, or error-free.
3. Intellectual Property
All content available on the Web site, including, but not limited to, text, graphics, sounds, logos, button icons, images, audio clips, data compilations, and software, and the compilation or arrangement thereof (the “Content”) is the property of Terry Naturally, our affiliates, our partners or our licensors, and is protected by domestic and international copyright and other intellectual property laws. Except as may be expressly authorized by this Agreement or on the Web site, you may not copy, reproduce, republish, download, display, post, distribute, or create derivative works or make any other prohibited use of the Content, without the prior written authorization of Terry Naturally and/or the respective copyright owner.
The trademarks, tradenames, logos, and service marks displayed on the Web site (collectively, the “Trademarks”) are the registered and unregistered marks of Terry Naturally, our affiliates, our licensors or our partners, in the United States and other countries, and are protected by domestic and international trademark laws. You may not copy, imitate or otherwise use of the Trademarks, in whole or in part, without the prior written authorization of Terry Naturally and/or the respective trademark owner.
4. No Professional Advice
Terry Naturally does not make any representations or warranties about the information provided on the Web site, nor does it recommend or endorse any specific product or service. You are ultimately responsible for making your own health-related decisions. Neither Terry Naturally nor any third parties shall be liable for any health-related decisions you decide to make on the basis of this information.
Should you experience a reaction to a product, or should a medical condition otherwise arise or persist, you are strongly advised to promptly see your physician or other medical professional. You should also consult with your physician or other healthcare provider regarding potential interactions between any medication you are currently taking.
5. Modification of This Agreement
Terry Naturally reserves the right to amend this Agreement at any time without prior notice to you in its sole discretion. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. Your access and use of the Service after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If at any time you do not wish to accept this Agreement or any modification thereto, you are not thereafter authorized to use the Service.
6. Third-Party Links
The Web site may include hypertext links to other web sites solely for the purpose of helping you identify and locate other sources of information that may be of interest. If you use these links, you will leave the Web site. We do not control and are not responsible for the content of any off-Web site pages or any other websites linked to or from the Web site. Links appearing on the Web site are for your convenience only and are not an endorsement by us, our affiliates, or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Web site pages or other websites is solely at your own risk and discretion. We are in no way responsible for examining or evaluating, and we do not warrant, the offerings of off-Web site pages or any other websites linked to or from the Web site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy statements and terms and conditions, or of your use or inability to use such off-Web site pages or other websites. You should carefully review the terms and conditions and privacy policies of all off-Web site pages and other websites that you visit.
7. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, excluding its conflict of law rules. You and Terry Naturally expressly agree to submit to the exclusive jurisdiction and venue of the courts in Wisconsin in all disputes arising out of or relating to the use of this Service.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU AGREE THAT THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS FOR YOUR PERSONAL, PRIVATE USE ONLY WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TERRY NATURALLY, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
In no event will Terry Naturally or its affiliates or any party involved in creating, producing, or delivering the Service, be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the Service or any linked services, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure.
Terry Naturally reserves the right to alter the content of the Service in any way, at any time, for any reason, without prior notification, and will not be liable for possible consequences of such changes. These limitations apply even if Terry Naturally has been advised of the possibility of such damage.
Because some jurisdictions do not allow the disclaimer or certain warranties or exclusion or limitation of liability for incidental or consequential damages, Terry Naturally’s liability in such jurisdictions in respect of the disclaimers, exclusions, and limitations set forth in this Agreement shall be disclaimed, excluded and limited to the fullest extent permitted by law.
You agree to defend, indemnify, and hold us harmless for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Web site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
10. No Waiver
The failure of Terry Naturally to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any of the Terms and Conditions of this Agreement are held to be invalid or unenforceable by a court of competent jurisdiction, such Terms and Conditions shall be restricted or eliminated to the minimum extent of such invalidity or unenforceability, and the remaining Terms and Conditions shall otherwise remain in full force and effect notwithstanding such restriction or elimination.
12. Entire Agreement
Posting Date: 16 August 2017