Current as of: September 17, 2021
These terms (the “Terms”) apply to the websites available at https://www.sheertex.com/, https://uk.sheertex.com, https://au.sheertex.com, https://eu.sheertex.com (the “Website”) operated by Sheertex Inc. ("Sheertex"), including without limitation all services, products, content , features and functionality available through it. Please read these Terms carefully before using the Website.
By using the Website, you agree to comply with these Terms. If you do not agree to comply with the Terms, you may not use the Website.
OWNERSHIP OF WEBSITE
The Website, and all text, information, images, audio, video and other material (collectively “Content”) posted on or through the Website, are protected by copyright, trade-mark, and other intellectual property and proprietary rights laws, and are owned and/or controlled by Sheertex and/or its affiliates, licensors and related companies. All Content posted on or through the Website, remains the valuable intellectual property of its owner(s), and is made available on or through the Website solely for your own personal, non-commercial, lawful use. You agree to abide by all copyright notices, information and restrictions contained in or displayed with any Content.
Neither these Terms nor your use of the Website transfers to you any right, title or interest in the Website or Content. Sheertex and its third-party licensors retain all of our and their respective right, title, and interest to the Website and Content, and all intellectual property rights therein. Any rights not expressly granted are reserved.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, or sell any Content or other information or services obtained from the Website without the express written consent of Sheertex, which consent shall be at Sheertex’s sole discretion.
Sheertex reserves the right, in its sole discretion, to amend these Terms at any time by posting the amended terms on the Website, which posting shall constitute notice to you. All amended terms shall be effective immediately upon such notice. You agree to review the Terms periodically to be aware of such modifications including, without limitation, by checking the date of “Current as of” at the top of the Terms.
Your continued use of the Website after such modifications will constitute your: (a) acknowledgment of the modified Terms; and (b) agreement to abide and be bound by the modified Terms.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that to the fullest extent permitted by applicable law, your use of the Website and services available on or through the Website is at your own risk. The Website is provided on an "as is" and "as available" basis as Sheertex expressly disclaims any and all representations, warranties and conditions of any kind, either express or implied, including, but not limited to, representations and warranties of merchantability, fitness for a particular or general purpose and non-infringement, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to the Website or the Content.
Sheertex takes reasonable steps to protect information from unauthorized access, collection, use, disclosure, copying, modification or disposal in a manner commensurate with its sensitivity. However, Sheertex, its affiliates, agents and licensors cannot and do not represent or warrant that the Website or Content will be uninterrupted, secure, error free, accurate, complete or current. Nor does Sheertex make any representation, warranty or condition as to the results that may be obtained from the use of the Website or the Content or as to the accuracy or reliability of the Content or any other information obtained through the Website.
You expressly understand and agree that to the fullest extent permitted by applicable law, the Content and any other material and/or data uploaded, downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. Sheertex does not represent, warrant or guarantee that such materials are free of viruses or other destructive code that may damage or infect your computer equipment or other property. You expressly understand and agree that to the fullest extent permitted by applicable law, you will be solely responsible for any damage to your computer system or loss of data that results from uploading and/or downloading such material and/or data.
LIMITATION OF LIABILITY
In no event shall Sheertex be liable for any direct, indirect, punitive, incidental, special, consequential or any damages whatsoever, including, without limitation, damages for loss of use, data or profit, arising out of or in any way connected with the use or performance of the Website or the Content, whether based on contract, tort, negligence, strict liability or otherwise, even if Sheertex had been advised of the possibility of damages.
Some jurisdictions (which may include the Province of Quebec) do not allow limitations of liability, so this limitation of liability may not apply to you.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you represent and warrant to Sheertex that you will not use the Website or Content for any purpose that is unlawful or prohibited by these Terms.
You agree not to upload or otherwise transmit through the Website any unlawful, harassing, false, misleading, libellous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature. You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website. You also agree to refrain from conducting any systematic retrieval of data or other content from the Website.
You agree not to upload or otherwise transmit to or through the Website any material that: (a) infringes on any rights of third parties, including intellectual property rights; and/or (b) contains any virus or other harmful code that may change or disrupt the Website or any other user's equipment or software.
You agree that you will only access the Website using means explicitly authorized by Sheertex and you will not use another user’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Website.
You agree that the information you provide to us when you purchase a product or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Website.
LINKS TO OTHER SITES
The Website may contain links to other websites ("Linked Sites") operated by parties other than Sheertex. Such Linked Sites are not under the control of Sheertex and Sheertex is not responsible for the contents of any Linked Site. Sheertex is providing you with links to the Linked Sites as a convenience and the inclusion of any such link does not imply endorsement by Sheertex of the Linked Site or any association with its operators.
Any notices may be given to you by any means including, but not limited to: (a) email; (b) notices or messages posted on the Website; or (c) any other means by which you obtain notice thereof.
You agree to indemnify and hold Sheertex, its subsidiaries, affiliates, directors, officers and employees, harmless from all claims, liabilities, damages, losses, including reasonable legal fees and expenses, due to or arising out of your use of the Website and/or Content or your breach of these Terms. You agree that the provisions in this section will survive any termination of these Terms or your access to the Website.
Either you or Sheertex may terminate this relationship with or without cause at any time.
You agree that Sheertex may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities.
Should you object to the Terms or any subsequent modifications thereto or become dissatisfied with the Website in any way, you must immediately discontinue your use of the Website.
You agree that to the fullest extent permitted by applicable law, Sheertex shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
APPLICABLE LAW AND GOVERNING LAW
You agree to comply with all applicable laws and regulations. Except where prohibited by applicable law (which may include the province of Quebec), these Terms and all related transactions shall be governed by the laws of the Province of Quebec and the applicable laws of Canada. Except where prohibited by applicable law (which may include the province of Quebec), the parties hereby agree to the exclusive jurisdiction of the courts of the Province of Quebec and that all court proceedings and hearings will be in English.
BENEFIT OF THE AGREEMENT
These Terms are binding upon and shall enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder without Sheertex’s prior written consent, which consent shall be at Sheertex’s sole discretion.
This Agreement and any rules, policies, guidelines or other agreements posted on the Website by Sheertex constitute the entire agreement between Sheertex and you with respect to your use of the Website. No waiver by Sheertex of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
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