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Alberta Beauty System Inc. Web Site Terms of Service Agreement (Notices and Disclaimers)

 

TERMS OF SERVICE

 

These terms of service (“Terms of Service”) constitute legal agreement between you, the User, and Alberta Beauty System Inc. (“the Site Owner”). BY CLICKING THE “I Agree” BUTTON BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE TERMS OF USE CONTENT, LIMITED WARRANTY AND EXCLUSION OF LIABILITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE “Do Not Agree” BUTTON BELOW AND EXIT THIS WEB SITE. USE OF THE SITE, AS DEFINED BELOW, IS CONDITIONAL UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS, AND NOTICE BELOW.

 

THIS AGREEMENT IS BETWEEN the Site Owner., a corporation with its principal location at Unit 3, 1825 - 32 Avenue NE, Calgary, Alberta T2E 7C8, and you the user (the “User”) of the information contained on www.albertabeautysystem.com (the “Site”).

 

  1. REGISTRATION AND RELATED OBLIGATIONS

 

  1. In consideration for your use of the Site and the services provided on it, you agree to provide true, current, complete and accurate information as requested on the registration form, to which the Site will direct you, and to update that registration information as soon as possible after any information on the registration form changes. You will be given a password and account name or identification number.

 

  1. You alone are responsible for keeping that password and account information confidential, and for any and all activity that occurs on the site under your account, and you agree to pay all costs and fees incurred under your account according to the payment terms of these Terms of Service. You agree to (a) immediately notify the Site Owner of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You, and not the Site Owner, will be liable for any costs, loss or damages arising from your failure to comply with this paragraph.

 

  1. If you provide any registration information that is, or that the Site Owner has reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, the Site Owner has the right to refuse to create an account for you, or if an account has been created, to suspend or terminate your account and refuse any and all current or future use of the Site. These same rights of the Site Owner hold true if you fail, or the Site Owner suspects that you have failed, to update any such information within a reasonable time.

 

  1. This Site is provided only to beauty professionals (or students attending a beauty course) in Canada who are at least 18 years old.

 

  1. PLACING AN ORDER

 

  1. We accept the following methods of payment: MasterCard and VISA. The invoice amount charged to your Credit Card is authorized and held by your financial institution at the time you place an order on the site. Your Credit Card will only be charged when your order ships - not before. Applicable sales tax will be applied to your purchase based on the local sales tax of the shipping destination.

 

  1. Generally, shipments are processed within 1-2 business days from the time an order is placed. Orders may take more time if the items are not in stock. Shipping times may vary depending on where the recipient is located in Canada. Generally most orders can be delivered between 1 to 7 business days. These are only estimates. We cannot guarantee shipping times.

 

  1. In the event that an item you ordered is out of stock, your invoice and final cost will adjusted before it is processed through MasterCard or Visa.

 

  1. Immediately after placing your order, your order begins processing. Once your order begins the shipping process, it cannot be modified or cancelled. Please contact Customer Service at 403-276-6655 to confirm if your order can be modified or cancelled.

 

  • INFORMATION AND CONTENT PRIVACY AND DISCLOSURE

 

  1. It is the Site Owner’s policy to respect the privacy of its members. The Site Owner will not monitor, edit, or disclose any personal information about you or your use of the Site, including any Content provided by you or to you by others, without your prior permission or as otherwise permitted under these Terms of Service unless the Site Owner has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Site Owner; (3) enforce the Terms of Service; or (4) act to protect the interests of its members or others. The Site Owner does provide certain user information in aggregate form to third parties, including its advertisers, for demographic purposes. In addition, your Internet Protocol address is transmitted with each message sent from your account. For more information, see the Site Privacy Policy.

 

  1. You agree that the Site Owner may access your registration information, account, or Content in your account in relation to the above, and to deal with any support, service or technical issues that arise, whether at your request or as otherwise required for the maintenance of the Site.

 

  1. CONDUCT

 

  1. As a condition of your continued access to and use of the Site, you agree to abide by all applicable local, state, provincial, national, international and other laws and regulations, including, without limitation laws regarding the transmission of technical data or software exported from the United States. Without limiting the breadth of the preceding sentence, you agree not to:
    1. harvest or otherwise collect or store information about others, including e-mail addresses, without their consent;
    2. for the purpose of misleading others, create a false identity as to the identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Site;
    3. impersonate any person or entity, including, but not limited to, a Site Owner official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. attempt to gain unauthorized access to the Site, through password mining or any other means;
    5. interfere with or disrupt networks connected to the Site or violate the regulations, policies or procedures of such networks;
    6. interfere or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
    7. use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Site member any director of the Site members or other user or usage information or any portion thereof other than in the context of your use of the Site as permitted under the Terms of Service; or
    8. interfere with another member’s use and enjoyment of the Site or another individual’s or entity’s use and enjoyment of similar services.

 

  1. SITEOWNER MONITORING, RETENTION AND CONTENT PRE-SCREENING; SPACE CONSTRAINTS

 

  1. The Site Owner has no obligation to monitor the Site or any user’s use of it or to retain the content of any user session, nor to pre-screen any Content of the Site. However, the Site Owner reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy applicable law, regulation, legal process or governmental request. Further, the Site Owner has the right (but not the obligation) in its sole discretion to monitor Content and to refuse or remove any Content that is available via the Site. Without limiting the previous sentence, the Site Owner has the right to remove any Content that in its reasonable opinion violates the Terms of Service or is otherwise objectionable.

 

  1. PROPRIETARY RIGHTS

 

  1. You acknowledge that the Site contains text, writings, information, photographs, graphics, or other material, including advertisements, (collectively “Content”) that are protected by or as copyrights, trade-marks, service marks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or subsequently developed. The Site and its Content are the property of the Site Owner, and are protected by U.S., Canadian and international copyright laws. The Site Owner retains all copyright and related proprietary rights in the Content. Accordingly, without the express written permission of the Site Owner, you agree not to copy or distribute the Content or any portion of it; mirror or include the Content or any portion of it on your own server, Internet Web site or documents; or modify or re-use ay portion of the Content. However, you may make a single copy of the Content for your own personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. The Site Owner reserves all other rights in the Content, and title to the Content remains with the Site Owner or its licensors. Any use of the Content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trade-mark, and other laws.

 

  1. In particular, “Alberta Beauty System”, “ABS Beauty Supply” and all the Site Owner’s logo(s) are all trade marks or service marks of the Site Owner. Other product and company names and logos mentioned or appearing on the Site might be the trade-marks or service marks of their respective owners.

 

  1. Nothing contained in this agreement shall be interpreted as conferring any license or right under any of the Site Owners copyright, patent, trade-mark or proprietary rights, or those of any third party, whether expressly or by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved to the Site Owner and its licensors. The Site Owner vigorously enforces its intellectual property rights and aggressively prevents their misuse.

 

  • JURISDICTION

 

  1. The Site Owner is based in the Province of Alberta, Canada. The Site Owner makes no claims that the Content is appropriate or may be downloaded outside of its base jurisdiction: access to the Content may not be legal by certain persons or in certain countries. If you access this Site from outside the Site Owner’s base jurisdiction, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

  • MODIFICATION TO SERVICE OR TERMS OF SERVICE

 

  1. The Site Owner reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that the Site Owner will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Further, the Site Owner reserves the right to change the Terms of Service or policies regarding the use of the Site at any time and to notify you by posting an updated version of the Terms of Service on this Web site. You are responsible for regularly reviewing the Terms of Service, and continued use of the Site after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Site constituting consideration from the Site Owner to you for so being bound.

 

  1. TERMINATION

 

  1. You agree that the Site Owner, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, lack of use or if the Site Owner believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service, Privacy Policy or Acceptable Use Policy. The Site Owner may also in its sole discretion and at any time discontinue providing the Site, oran part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that the Site Owner may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that the Site Owner shall not be liable to you or any third-party for any termination of your access to the Site.

 

  1. ADVERTISEMENTS, THIRD PARTY SITES AND “HOTLINKS”

 

  1. Clicking on certain links within the Site will let you leave the Site Owner’s Site. The Site Owner provides these links to you only as a convenience, and does not endorse the content on any third party Web sites, or any site linked to a third party Web site. The linked sites are not under the control of the Site Owner and the Site Owner is not responsible for the content of linked third-party sites, sites famed within the Site Owner’s Site, or third party advertisements. The Site Owner does not make any representations regarding the accuracy, legality, decency or any other aspect of the content of such sites. These sites may contain information or material that some people may find inappropriate or offensive. The Site Owner is under no obligation to maintain any link on this Site and may remove a link at any time in its sole discretion for any reason whatsoever. Your use of third-party Web sites is at your own risk and subject to the terms and conditions of use for such sites. The Site Owner does not endorse any product advertised on the Site Owner’s Site. The Site Owner shall not be liable for any damages or costs arising out of or in any way connected with your use of an of the services or companies accessed through this site.

 

  1. DISCLAIMER OF WARRANTIES: RELEASE

 

  1. While the Site Owner uses reasonable efforts to include accurate and up-to-date information on this Site, it makes no representations as to the truth, accuracy, reliability, usefulness, timeliness or completeness of that information, and you should not rely upon it. The Site Owner does not guarantee that the Site or services provided on or by the Site will be sufficient or appropriate for every individual or situation.

 

  1. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND YOU USE THIS SITE AT YOUR OWN RISK. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION PROVIDED MAY NOT APPLY TO YOUR PARTICULAR SITUATION, OR MAY NOT BE SUITABLE OR APPROPRIATE FOR YOU. THE SITE OWNER STRONGLY URGES YOU TO CONTACT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING THE INFORMATION IT PROVIDES.

 

  1. When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of the Site Owner. Accordingly, the SITE OWNER ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, LOSS OF PERSONAL INFORMATION, CREDIT CARD INFORMATION, OR ANY OTHER INFORMATION OF ANY KIND. THE SITE OWNER MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED.

 

  1. THE SITE OWNER DISCLAIMS ALL LIABILITY FOR ANY COMPUTER VIRUSES, WORMS OR OTHER DISABLING COMPUTER CODE THAT MAY BE LOADED INTO THE USER’S COMPUTERS WHEN USERS DOWNLOAD DOCUMENTS FROM THIS SITE. You are strongly advised to obtain and use appropriate anti-virus and security software.

 

  1. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE OWNER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND THE SITE OWNER MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE.

 

  1. You specifically agree that the Site Owner shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. You specifically agree that the Site Owner is not responsible for any content sent using and/or included in the Site by any third party.

 

  • LIMITATION OF LIABILITY

 

  1. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF THE SITE OWNER OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE NOR WILL THEY BECOME LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM TEH USE (OR INABILITY TO USE) THE SITE, THE CONTEN, THE INFORMATION ON OR AVAILABLE THROUGH THIS SITE, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SITE OWNER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE SITE OWNER, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE ON THE SITE AND THE INFORMATION AVAILABLE ON IT.

 

  • INDEMNITY

 

  1. Despite and in addition to any other requirements under these Terms of Service that you make any payments to any party as a result of the use of your password or account, you agree to indemnify and hold harmless the Site Owner, its members, officers, employees, agents, and licensors from and against all losses, expenses, damages, claims, fines, penalties and costs, including reasonable legal and accounting fees, resulting from any alleged violation of these Terms of Service, the Site’s Privacy Policy or the Site’s Acceptable Use Policy or any other person accessing the Site using your account.

 

  • CHOICE OF LAW AND FORUM

 

  1. This Agreement shall be governed by and construed in accordance with the laws of Canada, without giving effect to any principles of conflicts of law. You expressly agree that any action arising out of or relating to this Agreement shall be filed only in the provincial or federal courts located in Calgary, Alberta and you irrevocably consent and submit to the personal jurisdiction of such courses for the purposes of litigating any such action.

 

  • INTEGRATION, SEVERABILITY, AND WAIVER

 

  1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between the Site Owner representatives and you. If any provision of these Terms of Service is found to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect but for the invalid portion(s). No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

  • NOTICE

 

  1. Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Service or to the services offered by the Site, by posting notices or links to such notices on the Site itself.