This website (the “Website”) is provided by Casket Outlet, conditional on your acceptance of the Terms and Conditions of Use set forth below. By visiting or using this Website (collectively, “Use” of the Website), including without limitation to, access, use, and/or download messages, information, data, text, software or images, or other Content from this Website, or to send messages, information, data, text, software or images, or other Content to the Website (collectively, the “Content”), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the terms and conditions for each Use of and each visit to this Website.
Privacy and Personal Information
Registration, Accounts and Passwords
Certain of the Services and related features, such as personalization, made available over the Services may require registration. You agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration over the Services, and (b) all activities that occur under such password or account. Further, you agree to notify Casket Outlet of any unauthorized use of your password or account. Casket Outlet shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 3.
No Commercial Use of the Services
The Services are only for your personal use. You will not use the Services for commercial purposes and you agree not to resell, distribute, transfer, share or otherwise use the Services or any portion of the Services, including any coupons or credits related to same for any commercial purposes whatsoever.
Rules and Conduct
In addition to any Additional Rules and in consideration of the availability and your use of the Services, you agree not to:
post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Website or any of the Services in a manner which is contrary to law or which would serve to restrict or inhibit any other user from using or enjoying the Website, the Services or the Internet;
defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
upload, post, link to, or otherwise distribute any content containing personal information including, but not limited to, images, video, and sound files, without the consent of the individual to whom the personal information pertains;
post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Website or the Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or rightholder; and impersonate or falsely represent your association with any person, including a representative or forum moderator.
Responsibility for Minors
In cases where you have authorized a minor to use any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of any such Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Services may contain material that is inappropriate for minors. If you are a minor, please obtain your parent's permission to utilize the Services and please ensure that your parents review these terms.
Dealings with Third Parties
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Website or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Casket Outlet assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that Casket Outlet shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
Disclaimer Regarding Third Party Content
Professional Information Disclaimer
The Services makes available certain information provided by third parties related to various professional fields including, without limitation, medicine and other health and fitness related matters (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of the Services does not replace consultations with a qualified medical or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Casket Outlet, including its respective suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
In respect of any and all content you elect to post on the Services which is accessible by the general public, such as on public forums operated by Casket Outlet, you grant Casket Outlet a world-wide, royalty-free, nonexclusive, and unrestricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from such content in connection with the Service. Such license shall apply with respect to any form, media, or technology now known or later developed and shall terminate at the time you delete such content from the Service.
You acknowledge and agree that Casket Outlet reserves the right at any time to modify or discontinue (with respect to an individual user or all users) any of the Services with or without notice to you, and that Casket Outlet will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
If you are dissatisfied with the Website, any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of Casket Outlet in operating the Website and the Services, your sole and exclusive remedy is to discontinue using the Website and the Services.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT NEITHER KELLOGG, ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, RESELLERS, DISTRIBUTORS, CONTRIBUTORS, AGENTS AND/OR SUPPLIERS, OFFICERS, DIRECTORS NOR EMPLOYEES (THE "SERVICE PROVIDER PARTIES") MAKES ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) THE SERVICE PROVIDER PARTIES SPECIFICALLY MAKE NO WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE WEBSITE OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY OF THE SERVICE PROVIDER PARTIES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH PARTY, HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR THE WEBSITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD CASKET OUTLET HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES AND EXPENSES, RELATED TO OR IN CONNECTION WITH YOUR, OR ANY USER OF YOUR ACCOUNTS:
Except as expressly provided, nothing herein or within any of the Services shall be construed as conferring any license under Casket Outlet or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Website and Services is protected by copyright, trademark, patent, or other proprietary rights of the Service Provider Parties. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Services or the Website. Further, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the Services nor use any of the forgoing for any purpose other than the purpose for which such intellectual property is made available to users through the Services.
The Website contains a number of trademarks or registered trademarks of, Casket Outlet Company used under licence by Casket Outlet. All other product, brand and company names and logos used on the Services are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Services without the express written consent of Casket Outlet or the owner of the mark, as appropriate, is strictly prohibited. Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site constitute trade-marks, trade names, trade dress and associated products and services of Casket Outlet or its affiliates, and are protected in Canada and internationally and their display on this Website does not convey or create any licence or other rights in the marks. Any use of any of same, in whole or in part, without prior written authorization of Casket Outlet is strictly prohibited. In order to indicate which items are trade-marks, Casket Outlet may, without limitation, use an * symbol which refers to a footnote explaining Casket Outlet ownership as shown at the end of these Terms and Conditions; may use a ™ or a ® symbol; or may use a differentiating font style.
All information and content contained on, or made available over, the Services are: Copyright © Casket Outlet, and/or its respective suppliers. All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owners.
This Site, including without limitation all Content, is protected by Canadian and worldwide copyrights laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the Content by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of Content. Any software, as well as any files, images generated by such software, code and data accompanying such software (the “Software”), used or accessible through this Website is the copyrighted work of Casket Outlet or its licensors. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Website.
The Service is only intended for Use by users located within Canada.
Choice of Law
Any and all disputes arising out of the use of this Website will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, each party may pursue remedies, including injunctive or other equitable relief, through the courts, in which circumstances the parties hereby agree to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding.