USER AGREEMENT : This Agreement constitutes your agreement with BGO Inc. with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service.
RIGHT TO USE: Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, rebate program components or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
CODE OF CONDUCT: You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person * you will not post messages, pictures or recordings or use the Service in any way which: violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law * you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. * you will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, BGO Inc. systems or to other members' systems in any way. * you will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.
MONITORING OF INFORMATION: We reserve the right to, but are not obligated to, monitor all advertisements, public postings, testimonials and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
REMOVAL OF INFORMATION: While we do not necessarily review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, testimonials and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, testimonials, messages and other materials you may upload to the Service or users of the Service.
TERMINATION OF ACCESS TO SERVICE: We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement.
PROPRIETARY INFORMATION: The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.
NO RESPONSIBILITY: You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension.
SECURITY: Your account is private and should never be used by anyone other than you. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third-party.
PHOTOGRAPHS: You acknowledge that we are not responsible for the content of any photographs displayed on this Service that have been uploaded by users of the Service. You also acknowledge that at the sole discretion of BGO Inc. photographs may be removed from the Service without warning. You also acknowledge that if you upload photographs to this service you have the right to do so and are not violating any Copyrights by doing so and grant BGO Inc. non-exclusive right in perpetuity to use the uploaded photographs as it sees fit for such purposes as, but not limited to, advertising and promotion of the Service both in various digital and print formats. BGO Inc. reserves the right to use the uploaded photographs for any purpose whatsoever in such a manner that does not disclose any private information about those contained in the photographs, other than information that the displaying of the photograph itself may convey (for example, the identity of the person may be recognizable from the photograph or the location and time the photograph was taken may be identifiable from the photograph itself, etc.). Notification of such use of uploaded photographs will not be provided. Never upload any photograph onto this Service that you would not want made public.
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT: If you believe that any material or content distributed by BGO Inc. constitutes copyright infringement, please provide us with the following information: an electronic or physical 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; a description of where the material that you claim is infringing is located on our website; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY YOU UNDERSTAND AND AGREE THAT YOU USE BGO Inc. AND ITS RELATED SERVICES AT YOUR OWN RISK. BGO Inc.'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY OPINION, TESTIMONIAL, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BGO Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY BGO Inc. AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE BGO Inc. SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE BGO Inc. WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER BGO Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 U.S. DOLLARS.
INDEMNITY: You hereby agree to indemnify, defend and hold harmless BGO Inc. and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. BGO Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
CONTESTS: Periodically, BGO Inc. may run a promotional contest on the FlexiNail website. By entering your email address into the draw, you agree to be contacted via email by BGO Inc. if you win a prize or to be notified of FlexiNail or BGO Inc. news or promotions. Contests that may appear on the FlexiNail website are limited to those aged 18 or older who are residents of Canada (excluding Quebec) or the United States.
MISCELLANEOUS: This Agreement represents the entire agreement between you and BGO Inc. regarding the use of our services and supersedes any other agreement or understanding on the subject matter. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the Province of Ontario, Canada. As a condition of using BGO Inc.'s services, each user agrees that any and all disputes and causes of action arising out of or connected with BGO Inc., shall be resolved through arbitration, with such arbitration to be held in the Region of Waterloo, Ontario, Canada. Additionally, except where prohibited by law, as a condition of using BGO Inc. services, you agree that any and all disputes and causes of action arising out of or connected to our services or products shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of BGO Inc. must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sub-licensable without the prior written consent of BGO Inc.. BGO Inc. may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.
MODIFICATIONS: We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
DISCLOSURE AND OTHER COMMUNICATION: We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any BGO Inc. related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
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