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Conditions of Use

AVSHOP.CA
TERMS AND CONDITIONS OF USE

Please read these Terms and Conditions carefully before using this Site.

1. Service
THIS WEBSITE (THIS "SITE") IS PROVIDED BY SHOPSTIX INC. (“SHOPSTIX”) FOR USE BY YOU  CONDITIONAL ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS AND CONDITIONS"). BY ACCESSING, USING AND/OR DOWNLOADING MATERIALS AND/OR PURCHASING FROM THIS SITE, YOU AGREE ON YOUR OWN BEHALF AND ON BEHALF OF EACH ENTITY ON WHOSE BEHALF YOU ACT TO ACCEPT AND ABIDE BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS SITE, PURCHASE ITEMS OR DOWNLOAD OR USE MATERIALS FROM IT.  YOU AGREE TO FAMILIARIZE YOURSELF WITH THE TERMS AND CONDITIONS OF USE AND THE PRIVACY POLICY OF THE SITE IF YOU CHOOSE TO USE THE SITE.

2. Changes to Agreement
SHOPSTIX has the right, at its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, including the Privacy Policy, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. You are responsible for regularly reviewing the Terms and Conditions of Use posted at the Site. Your continued use of this Site or downloading or use of materials from it after any such changes are posted will be considered acceptance of such changes.

3. Changes to Service
SHOPSTIX may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features or products, at any time without notice or liability. SHOPSTIX may similarly remove, add, modify or otherwise change any content, including that of third parties, on or from this Site. SHOPSTIX may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability.

4. Proprietary Rights
License to Use Materials - Subject to the terms and conditions set forth in this Agreement, SHOPSTIX grants you a non-exclusive, non-transferable, limited right to access, use and display this Site, and the visible text, graphics and images thereon (the "Materials"), and to view, print and download the Materials. This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions: a) you must retain, on all copies of the Materials downloaded or printed, all copyright and other proprietary notices contained in the Materials; b) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; c) you may not transfer the Materials to any other person without our written consent; and d) you may not print or copy any of the HTML or XML or other computer programming that are viewable at this Site. You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time. This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, SHOPSTIX does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of SHOPSTIX.

Trademarks - The product names, company names and logos of SHOPSTIX or any affiliate used on this Site may be trademarks including registered trademarks of SHOPSTIX or an affiliate. Such product names, company names and logos of SHOPSTIX and its affiliates may not be copied, imitated or used, in whole or in part, without the prior written consent of SHOPSTIX or such affiliate. Other product and company names mentioned on this Site may be the trademarks of their respective owners.

5.  Misprints and Errors
SHOPSTIX cannot guarantee that products and services advertised on the Site will be in-stock and available when ordered or thereafter. SHOPSTIX does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete. Product specifications are subject to change without notice.

SHOPSTIX reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Site content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.

6. Purchasing Products and Services
The advertisements on the Site are invitations to you to make offers to purchase products and services on the Site and are not offers to sell. SHOPSTIX's acceptance of an order takes place once a shipping notice has been dispatched to you, and forms a legally binding contract with SHOPSTIX. SHOPSTIX reserves the right to refuse any offer for any reason, including, but not limited to: a) where goods are not available; b) where payment authorization cannot be obtained; c) in the event of a pricing or product description error; or d) if you do not meet any eligibility criteria set out in these terms and conditions.

If you wish to cancel your offer you must notify SHOPSTIX by phone before receiving notice that the goods have been shipped to you.

All prices and other amounts appearing on the Website are quoted in Canadian dollars.

7. Use of Software
Software (if any) that is made available to download from the Site, excluding software that may be made available by end-users through a Communications Service, (“Software”) is owned by SHOPSTIX and/or its licensors. Your use of the software is governed by the terms and conditions of the license agreement, if any, which accompanies or is included with the Software (“Licence Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. All Software is owned by SHOPSTIX and/or its licensors and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is warranted, if at all, only according to the terms of the License Agreement.

8. User Conduct
You agree: a) not to use this Site in any manner which could damage, disable, overburden or impair this Site; b) not to interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; c) not to disrupt or interfere with any other person's use and enjoyment of this Site or affiliated or linked sites; d) not to upload, post or otherwise transmit on this Site any viruses or other harmful, disruptive or destructive files or computer programs; e) not to use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at this Site; f) not to use or attempt to use another's account, service or system without authorization from SHOPSTIX, or create or use a false identity on this Site; g) not to transmit on this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; and h) not to attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted to or for your account, and that you will comply with all applicable laws that relate to your use or activities on this Site.

9. Product Reviews and Other Interactive Areas
To the extent that this Site contains bulletin boards, products reviews, or other message or communication facilities, you agree to use such forums only to send and receive messages and materials that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a forum, you will not post or otherwise disseminate on or through this Site harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; will not advertise or offer to sell or buy any goods or services for any commercial purpose unless such forum specifically allows such messages; will not conduct or forward surveys, contests, pyramid schemes or chain letters; and will not harvest or otherwise collect information about others, including e-mail addresses, without their consent. SHOPSTIX does not have any obligation to monitor the content of its bulletin boards, product reviews, or other message or communication facilities. However, SHOPSTIX reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post and remove any information or materials, in whole or in part, that in SHOPSTIX's sole discretion are objectionable or in violation of these Terms and Conditions.

10. Links and Third Party Content
As a convenience to you, SHOPSTIX may provide, on this Site, links to websites operated by other entities. Linked sites are not under the control of SHOPSTIX and SHOPSTIX is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. SHOPSTIX makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked third party sources. Links do not imply that SHOPSTIX or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of SHOPSTIX or any of its affiliates.

This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in on-line community discussions. You agree that SHOPSTIX shall not have any liability whatsoever to you for any such third party material, data or information.

All links to this Site must be approved in writing by SHOPSTIX.

11. Unsolicited Submissions
SHOPSTIX does not want you to, and you should not, send any confidential or proprietary information or unsolicited ideas or suggestions to SHOPSTIX via this Site. The security of this Site is by no means guaranteed and you agree that any information or materials that you or individuals acting on your behalf provide to SHOPSTIX is sent at your own risk and will not be considered confidential or proprietary. By providing any such information or materials to SHOPSTIX, you grant to SHOPSTIX and its affiliates an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display or perform (including display or perform in public), communicate to the public, modify, adapt, transmit, publish your name in connection with any such communication, and distribute such information and materials in any form, with the right to grant sub-licenses, and you also agree that SHOPSTIX and its affiliates are free to use any ideas, concepts, know-how or techniques that you or individuals acting on your behalf provide to SHOPSTIX for any purpose. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. No compensation will be paid with respect to SHOPSTIX's use of the materials contained within such communication. SHOPSTIX is under no obligation to post or use any materials you may provide and may remove such materials at any time in SHOPSTIX’s sole discretion. You further recognize that SHOPSTIX does not want you to, and you warrant that you will not, provide any information or materials to SHOPSTIX that are harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful, or that incorporates the proprietary or confidential material of another.

12. Agreement to Privacy Policy
Personal data will be collected, processed, used, communicated, and disclosed by SHOPSTIX and its affiliates for the purpose of providing and offering products and services and to facilitate transactions you enter into with SHOPSTIX and its affiliates. You can find further information on the collection, use, communication, and disclosure of your personal data in SHOPSTIX’s Privacy Policy. The Privacy Policy is incorporated by reference into these Terms and Conditions. Such personal information that you provide via this Site, together with information regarding the manner in which you use this Site will be used, processed, communicated and disclosed as permitted by these Terms and Conditions, the Privacy Policy reproduced on this Site, other agreements between the parties related to such information, and as otherwise permitted by law.

13. Your Information
All information you provide through the Site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. SHOPSTIX will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, SHOPSTIX or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

14. WARRANTY
SHOPSTIX EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED NOT CONTAINED HEREIN, INCLUDING REPRESENTATIONS, WARRANTIES AND CONDITIONS OF QUALITY, PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. SHOPSTIX DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR FREE. FURTHER, THE SERVICE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. SHOPSTIX WILL NOT BE RESPONSIBLE FOR (1) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN YOUR CONTROL OR ANY USER, (2) INTEROPERABILITY OF SPECIFIC CUSTOMER APPLICATIONS, (3) INABILITY OF CUSTOMER TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET, (4) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET, (5) SERVICE PROVIDED BY OTHER SERVICE PROVIDERS, OR (6) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.

15. LIMIT OF LIABILITY
SHOPSTIX'S LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT OR THE SERVICE INCLUDING WITHOUT LIMITATION ON ACCOUNT OF ANY ACTS OR OMISSIONS RELATING TO THE SERVICE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AGGREGATE AMOUNT NOT TO EXCEED CAN $100.00 HOWEVER, THIS EXCLUSION DOES NOT APPLY TO DIRECT DAMAGES TO TANGIBLE PERSONAL PROPERTY, OR FOR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY SHOPSTIX’S NEGLIGENCE.

16. CONSEQUENTIAL LOSS
SHOPSTIX SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNATIVE OR EXEMPLARY, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT SHOPSTIX BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SHOPSTIX SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER ARISING OUT OF USE OF, OR INABILITY TO USE, THE SERVICE PROVIDED HEREUNDER UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL ACT OF SHOPSTIX. SHOPSTIX SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA INCLUDING WITHOUT LIMITATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.

17. Survival of Limit of Liability
The limitations of liability and disclaimers herein shall apply regardless of the form of action, whether in contract, warranty, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose, of contract or the failure of an exclusive remedy.

18. Disputes
The parties agree that all disputes or disagreements between them with respect to the interpretation of any provision of this Agreement, the performance of SHOPSTIX or you under this Agreement or any other dispute between them related hereto or arising here from (a “Dispute”) will be settled by final and binding arbitration by a single arbitrator pursuant to the provisions of the International Commercial Arbitration Act, (Ontario) and submission to arbitration pursuant to this Section  is a condition precedent to the bringing of any action with respect to this Agreement. Judgment upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration shall take place in the Greater Toronto Area, Ontario, Canada. The parties shall agree on what, if any, discovery shall be made available; if the parties fail to agree on the form of discovery within 30 days after the appointment of the arbitrator, there shall be no discovery. The arbitrator shall not limit, expand, or modify the terms of this Agreement nor award damages in excess of compensatory damages permitted under this Agreement, and each party waives any claim to such excess damages.  The arbitrator shall not have any ability to award any equitable remedies against SHOPSTIX.. The arbitrator shall not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction.  The arbitrator shall issue a written decision containing findings and conclusions on all significant issues. Each party shall bear its own expenses and an equal share of all costs and fees of the arbitration. Any arbitrator selected shall be competent in the legal and technical aspects of the subject matter of this Agreement. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement. The parties expressly waive any right to a jury trial regarding disputes related to this Agreement.

19. International Users and Choice of law
This Site is controlled, operated and administered by SHOPSTIX from its offices within Canada. Neither SHOPSTIX nor any of its affiliates makes any representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada and access to them from territories outside of Canada is prohibited. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. This Agreement shall be deemed to have been made and performed exclusively in the Province of Ontario, Canada and shall be governed by and construed under the laws of the Province of Ontario and the laws of Canada applicable therein without giving effect to its conflict of laws principles. You submit to the exclusive jurisdiction of the courts in the Province of Ontario for any claim related hereto or arising here from and agree not to bring any action, claim, suit or proceeding against SHOPSTIX (or any officer, director, or employee thereof) in any jurisdiction other than the Province of Ontario, Canada. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.

20. Time for Bringing Suit
Any legal proceeding arising from or in connection with this Agreement, or any Service provided hereunder, must be brought within one (1) year after the event which is the subject of the proceeding has occurred, except to the extent that such action arises from claims which are subject to an express indemnification obligation therein.

21. Severability
If any portion of this Agreement is found to be invalid or unenforceable, the remaining portions shall remain in effect and the parties will begin negotiations for a replacement of the invalid or unenforceable portion.

22. Assignment
This agreement may be assigned by SHOPSTIX. This Agreement shall ensure to the benefit of and be binding upon the respective successors and permitted assigns of the parties hereto.

23. Causes Beyond Control
SHOPSTIX shall not have any liability for damages or delays due to fire, explosion, lightning, power surges or failures, strikes or labour disputes, water, acts of god, the elements of war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure products or transportation facilities, fuel or energy shortages, acts or omissions of communications carriers or suppliers, or other causes beyond its control whether or not similar to the foregoing.

24. Notices
All notices, requests, demands and other communications required or permitted under this agreement shall be deemed to have been duly made and received when personally served, or when mailed by first class mail. Except as explicitly stated otherwise, and notices to SHOPSTIX shall be given by postal mail to
AVShop.ca – Shopstix Inc.
1 - 235 Hood Rd
Markham, Ontario
L3R 4N3
Canada

25. Language
The parties hereto have requested that this Agreement be drafted in the English language. Les parties aux presentes ont exige que le prsentes contrat soit redige en langue anglaise.