Terms of Use

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    Kacie Gavinchuk
    Keymaster

    ACCEPTANCE OF AGREEMENT

    The use of this website http://www.ladyguns.ca and its content (“Website”) and the services and products provided through the website (“Services”) is subject to certain terms of use, which constitutes a legal agreement between you and LadyGuns. By using, accessing, or browsing this website in any way, you acknowledge that you have read, understood, and agree to be bound by the Terms of Use. Please read the Terms of Use, and if you do not agree to be bound by the Terms of Use, do not use the website.

    The website and services are solely directed to individuals, companies or other entities located in Canada who can form legally binding contracts under applicable law. The website may not be used by persons in jurisdictions where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the website is lawful and in compliance with local laws.

    LadyGuns.ca may also make changes in these Terms and Conditions without notice. The user is bound by such revisions and should visit this page periodically to review the current terms and conditions of use.

    WEBSITE MODIFICATIONS

    LadyGuns reserves the right to at any time, modify, update, discontinue or refuse the whole, or any part of, the Website and Services, without notice to you. LadyGuns 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.

    NO ADVICE OR SOLICITATION

    The website and services are provided for convenience and information purposes only. They are not intended to be a comprehensive or detailed statement concerning any matters. They should not used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of, any product or service. You should apply your own judgment in making use of any services or content provided on or through the website, including but not limited to, the use of any information contained therein as the basis of any decisions. You bear the full responsibility for your decision regarding the purchase of any products or services. LadyGuns does not provide or guarantee any advice regarding the potential quality, value, delivery and any other aspects of any products or services that you based your decision on information obtained through the website.

    ERRORS OR INACCURACIES

    The Website will from time to time contain errors or inaccuracies. LadyGuns makes no representation or warranty whatsoever regarding the accuracy of the information accessible on or through the Website, in particular any information regarding prices, quality product availability, deals or other promotions for any product or service. LadyGuns cannot guarantee that goods or services advertised on the Website will be available on any terms and conditions (including price) described on or through the Website at any time. Further, LadyGuns reserves the right to change the content available on and through the Website at any time without notice and without incurring any liability to you or any other person.

    PRIVACY

    In general, you can visit the Website without telling us who you are and without giving any personal information about yourself. There are situations where we do require personal information in the case of becoming a member and receiving access to members only forums and pages. LadyGuns collects and uses your personal information that you have input into the Website. By accepting this Agreement, and each time you use the Website, you consent to LadyGuns collection and use of your personal information. LadyGuns will not sell, trade, or disclose to third parties any user identifiable information derived from the registration — including usernames and addresses — without the consent of the user. LadyGuns reserves the right to disclose this information at the request of governmental entities when it is legally required to, or the information is reasonably believed to be related to a breach of this agreement or a contravention of the laws of Canada, a province, or a foreign jurisdiction that has been, is being or is about to be committed.

    DISCLAIMERS

    Your use of the website is at your own risk.

    The website is provided on an “As is” and “as available basis, and without any representations, warranties or conditions of any kind, whether express or implied, including without limitation any representation, warranty or condition regarding the quality, suitability, truth, accuracy or completeness of any material, information, product, or service contained on or accessible through the website. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including any implied warranty or condition of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the fullest extent permitted by law.

    Without limiting the generality of the foregoing, LadyGuns makes no condition, representation or warranty that: the website will be compatible with your computer and software; the website will be available or will function without interruption or error; the information available on or through the website will be accurate, complete, or timely; the use of the website including the browsing and downloading of any information, will be free of any viruses, malicious coding and non malicious coding, including but limited to Trojan horses, worms or any other destructive and disruptive components; the transmission of information to and from the website will be secure. Or the use of the website will not infringe the rights (including intellectual property rights) of any person.

    Further, through your use of the website and services, you may have the opportunity to engage in commercial transactions with other persons. All such transactions are at your own risk. LadyGuns is not a party to any such transactions and disclaims any and all liability in regard to all such transactions.

    DISCLAIMER OF THIRD-PARTY TRANSACTIONS AND CONTENT

    The Website includes promotional information and advertisements relating to products and services of third parties (“Third Party” or “Third Parties”) and may provide links to websites operated by third parties (“Third Party Site(s)”). LadyGuns is an independent operation and does not endorse and makes no representation or warranty in respect of: (a) any product or service of a Third-Party; (b) any Third-Party Site; or (c) any information, content, product, or service available on or through a Third-Party Site. Any correspondence, advertisement, purchase, or promotion in relation to a Third-Party, including without limitation the delivery of and the payment for Third-Party products and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase, or promotion, is solely between you and the applicable Third-Party. LadyGuns has no liability, obligation, or responsibility in relation to any such correspondence, purchase, promotion, or other dealing between you and any such Third-Party. LadyGuns provides links to Third-Party Sites only as a convenience. LadyGuns has no control over, and is not responsible for, any Third-Party Sites, or other linked sites, and their content. You agree that it is your responsibility to review and evaluate all the content on such Third-Party Sites, and that all risk associated with the use of, or reliance on, such content rests with you. Links do not imply that LadyGuns sponsors, endorses, or is affiliated or associated with any Third-Party, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links. LadyGuns shall not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any content on any Third-Party Site. Without limiting the foregoing, as between you and LadyGuns, the provisions of this Agreement under the sections headed Disclaimer, Limitation of Liability, and Indemnity apply, with all necessary modifications, to your dealings with any Third Parties and/or access to, and use of, any Third-Party Sites.

    LIMITATION OF LIABILITY

    LADYGUNS WILL NOT, UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR ANY DAMAGES FOR LOSS OF USE, PRODUCTION, INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), SAVINGS OR GOODWILL, ECONOMIC LOSS, OR OTHER INTANGIBLE LOSS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE SERVICES (INCLUDING THE USE, INABILITY TO USE , OR PERFORMANCE OF THE WEBSITE OR ANY SERVICES), AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY LADYGUNS, ITS VOLUNTEERS (INCLUDING MODERATORS AND ADMINISTRATORS), CONSULTANTS, CONTRACTORS, EMPLOYEE OR REPRESENTATIVES, AND NOTWITHSTANDING THAT LADYGUNS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. LADYGUNS WILL NOT UNDER ANY CIRCUMSTANCE BE LIABLE TO YOU OR ANY OTHER PERSON REGARDING TO CONTENTS POSTED IN THE WEBSITE FOR ANY DAMAGES RELATED TO SLANDER AND LIBEL.

    YOU EXPRESSLY ACKNOWLEDGE THAT LADYGUNS HAS ENTERED INTO THIS AGREEMENT AND WILL MAKE THE WEBSITE AND SERVICES AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LADYGUNS. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

    PLEASE NOTE THAT THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LEGISLATION IN SOME JURISDICTIONS. SUCH LEGISLATIVE LIMITATIONS MAY APPLY TO YOU.

    INDEMNITY

    You agree to defend, indemnify and hold LadyGuns, its affiliates, suppliers, licensors, licensees, co-branders, information providers, service providers, partners, directors, officers, employees, volunteers, contractors, consultants, agents and other related parties, harmless from and against any and all liabilities, claims, costs and expenses, including without limitation reasonable attorneys’ fees and expenses, in connection with any claim or demand arising from, related to, or in connection with, your: (a) violation of this Agreement, (b) use of the Website or any of the Services, or (d) placement, posting or transmission of any message, information, software or other content on or through the Website. Further, you will assist and cooperate as fully as reasonably required by LadyGuns in the defence of any such claim or demand.

    SUBMISSIONS

    You hereby grant LadyGuns a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and unrestricted license to use, copy, adapt, transmit, publicly display, and perform, distribute and create compilations and derivative works from, any and all content (in any format or media) you post on, or otherwise submit to, the Website (“Submission”), including any messages on LadyGuns forums or discussion groups. You agree that LadyGuns may preserve and disclose any Submission or other information associated with you or your account where required to do so by law or where such preservation or disclosure is reasonably believed by LadyGuns to be necessary to ensure compliance with the law, enforce the Agreement or protect the rights and interests of LadyGuns.

    REGISTRATION INFORMATION

    Any information entered by users at registration can be manually edited by the users. LadyGuns is not responsible for ensuring the accuracy of this information. Users who no longer wish to have their registration information made available to LadyGuns are responsible for manually editing the information away on their own. To reduce the risk of fraudulent activities and that each person can only have one account at any one point of time, LadyGuns will not delete any accounts.

    INTELLECTUAL PROPERTY

    LadyGuns, and applicable third parties, hold all right, title, and interest in and to the Website and associated content available on or through the Website, including without limitation all information in text, graphical, video and audio formats, images, icons, designs, software, applications (“Content”). You acknowledge that the Content is protected by Canadian and international copyright, patent, trademark, and other applicable intellectual property laws. You may print or download the pages of the Website solely for your lawful and personal use, provided you do not modify any of the Website pages or other Content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. No Image may be used in any way that is defamatory, violates the rights of third parties (including such third parties’ rights of copyright, privacy, publicity, or other tangible or intangible property), or is otherwise illegal or obscene. In addition, User may not conjoin an Image with any other material that may result in damage to the reputation of the Image Rights holder. The material on this web site is copyrighted and may only be used under the terms of the copyright notice listed below. Notwithstanding the foregoing, your use of the Website does not grant or transfer to you any ownership or other rights in the Website or any Content, and except as expressly provided, nothing herein or within the Website or any of the Services shall be construed as conferring to you or any other person any license under any of LadyGuns or any third party’s intellectual property rights (whether by estoppel, implication, waiver, or otherwise), including without limitation any right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the Content in any manner.

    COPYRIGHT NOTICE

    All information and content contained on, or made available over, the Website are subject to copyright protection. Any copying, republication, or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of a duly authorized representative of LadyGuns.

    NO FIREARMS POSSESSION PROHIBITION

    You must not be prohibited to possess firearms, or convicted of any firearms related offenses, at any one point in your life.

    TERMINATION

    If you breach any provision of this Agreement, you may no longer use the Website. LadyGuns may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person. If this Agreement or your permission to use the Website is terminated by you or LadyGuns for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and anything connected with, relating to, or arising from such use. If you are dissatisfied with the Website, any of the Services, or with this Agreement, including any terms, conditions, rules, policies, guidelines, or practices of LadyGuns in operating the Website and the Services, your sole and exclusive remedy is to discontinue using the Website and the Services. The Disclaimers, Limitation of Liability, and Indemnity provisions in this Agreement shall survive any termination of this Agreement.

    MISCELLANEOUS

    This Agreement constitutes the entire agreement between LadyGuns and you pertaining to your use of the Website and the Services and supersedes any prior agreements between you and LadyGuns. LadyGuns failure to insist upon or enforce strict performance of any right or provision of the Agreement shall not constitute, or be construed as, a waiver of any right or provision. If any provisions, or parts thereof, in this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions, or parts thereof, contained herein. You and LadyGuns are independent contractors and no agency, partnership, joint venture, employment, or franchise relationship is intended or created by this Agreement or your use of the Website.

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