By accessing or using the website operated at www.kingstonbedbugs.com your use of the Website is subject to these Terms and Conditions. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Website.
Legal Notice
By accessing any areas of our website www.kingstonbedbugs.com the user acknowledges all details enclosed and agrees to the terms and conditions, set out below. Site Terms and Conditions shall be governed by and construed in accordance with the laws in force in the province of Kingston and the federal laws of Canada applicable therein, and any dispute arising hereunder shall be resolved exclusively by the courts in the province of Kingston.
Amendments to these Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. We will ensure that the latest, fully-amended version of these Terms and Conditions is published on the website. You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. If any amendment is unacceptable to you, you must discontinue the use of the website as set out in these Terms and Conditions. If you continue to use the website after
the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of these Terms and Conditions.
Legal Capacity
You represent and warrant that you possess the legal right, capacity and ability to agree to these Terms and Conditions and use the Website in accordance with them. If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old. If you are using the Website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms and Conditions on behalf of such organization and all references to "you" throughout these Terms and Conditions will include such organization, jointly and severally with you personally.
License
We grant to you a non-exclusive, non-transferable, limited license only to use the Website, in accordance with the provisions set out in these Terms and Conditions. All rights not expressly granted to you in these Terms and Conditions are reserved by us and, if applicable, our licensors.
Copyright
Copyright PPM www.kingstonbedbugs.com All Rights Reserved. The material on this web site is owned by PPM and is protected by copy law. It may not be reproduced, duplicated, copied, republished, posted, transmitted or distributed in whole or in part without the prior written permission of PPM or its legal representatives. Duplication in whole or in part constitutes a breach of Canadian and International Copyright Law and is actionable.
Trademarks
PPM web site, domain name, site content, logos, trademarks, product names are property of their respective PPM ownership therefore are Copyright of PPM.
Site Content
PPM reserves the right to change prices/services/dates/etc. available within this site without notice. Materials contained on this site were contributed by PPM including component portions of the websites, content, site design, text, graphics, and the selection and arrangement therefore are Copyright of PPM Services.
Terms Of Use
By using or attempting to use this web site the user expressly accepts PPM Site Terms/ Conditions/ Policies/Legal Notice Statements and hereby irrevocably waives any claim against PPM officers, staff, agent, representatives with respect to said web site www.kingstonbedbugs.com. By using this website, you acknowledge you have read, understood, and agree to be bound by PPM Site Terms/Conditions/Policies and /Legal terms.
Hyperlinks
PPM or any of its officers, staff, agents, representatives do not endorse or make any representation or warranty, expressed or implied, as to the quality, practices, products, information for these third parties web sites.
Customer Privacy
By using or attempting to use our web sites the user expressly accepts PPM policy that no site details shall be used for purposes other than interested parties contacting PPM regarding their services. Contact using site customer details is prohibited to solicit customers in any way. PPM however reserves the right to contact our customer with regards to other services we supply, updates, renewals, links, promotional information, sales, other etc..
Your Account and Account Use
If your use of the Website requires an account identifying you as a user of the Website (an "Account"), then,
- Responsibility—you are solely responsible for
- your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and
- any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission
- Notification—you agree to immediately notify us of
- any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or
- any other breach of security with respect to your Account or any service provided through it, and
- you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
- Accuracy—you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
Acceptable Use and Prohibitions.
- Lawful Use. You will ensure that
- you only use the Website for lawful purposes, and
- if at anytime you become aware of any violation, by any person or entity, of any part of these Terms and Conditions, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
- Prohibited Conduct. Without limiting the generality of any other restriction in these Terms and Conditions, you agree that you will not, in connection with the Website, directly or directly do or permit any of the following:
- post, upload, reproduce, distribute or otherwise transmit any Content (defined below) that
- is unauthorized or unsolicited commercial communications, junk or bulk communications or other "spam" (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited,
- contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component,
- is defamatory, infringing, or unlawful,
- is inappropriate, profane, obscene, indecent materials or information without suitable or lawfully-required access controls (which controls will in no event be our responsibility),
- gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation, or
- constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography;
- engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
- scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
- forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Website;
- impersonate or falsely represent your association with any person, including a representative of us;
- disrupt or threaten the integrity, operation or security of any Website, any computer or any Internet system;
- disable or circumvent any access control or related process or procedure established with respect to the Website;
- sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal business purposes), any portion of, use of or access to, any Website, except where expressly authorized by us; or
- extract, gather, collect, or store personal information about others without their express consent.
- post, upload, reproduce, distribute or otherwise transmit any Content (defined below) that
- Our Remedies. Without limiting any of our rights, we may suspend, restrict or terminate your use of the Website without notice if, in our sole and absolute discretion, we determine or believe that you have violated any of the acceptable use rules set out above.
Website Limitations
The Website depends on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly (i) any representation made by us regarding access performance, speeds, reliability, availability, use or consistency of the Website is on a "commercially reasonable efforts" basis, (ii) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.
Disclaimer of Warranties
While PPM believes the information on this site to be correct, PPM however makes no representations or warranties regarding the accuracy, completeness or currency of any information displayed on this site. We make no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of the website or any other products supplied under these terms and conditions. we expressly disclaim all conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, by course of dealing, by course of performance, at law, in equity, by statute or otherwise howsoever.
No Liability
PPM www.kingstonbedbugs.com or any of its officers, staff, agents or representatives do not accept any responsibility or liability for any expenses, losses, costs, legal fees or damages incurred directly or indirectly resulting from the use of information obtained from this site. Information on our site is provided strictly as is and without warranty of any kind, either expressed or implied. Notwithstanding any other provision of these terms and conditions, in no event will we, our affiliates, or our controlling parties, agents, employees, suppliers, resellers and distributors (collectively, in these capitalized sections, "we" or "us") be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever, including damages for loss of profits, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to these terms and conditions or the use, or non-use of the website or any software, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses, including damages or losses arising from or in any way related to the following: (i) any loss or damage to data arising directly or indirectly out of use or non-use of the website or related component; (ii) delays, errors, interruptions, mistakes, omissions, non-delivery, incorrect delivery, or defects on or related to the website. without restricting the foregoing, if circumstances arise in which you or another party is entitled to recover damages from one or more of us, the aggregate liability of us for damages is limited to the amount paid to us by you through the website during the six-month period preceding the circumstances in which such liability arises.
GENERAL TERMS
1. Enforceability
Your use of the Website and the content and features accessed through the Website constitute your electronic signature to the agreement set out in these Terms and Conditions and your consent to enter into agreements with us electronically. This Agreement will be deemed to satisfy any writings requirements of any applicable law, notwithstanding that the agreement set out in these Terms and Conditions is written and accepted electronically. All contracts between you and us completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.
2. Interpretation
In these Terms and Conditions, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms and Conditions, (ii) the word "including", the word "includes" and the phrase "such as", when following a general statement or term (whether or not non-limiting language such as "without limitation" or "but not limited to" or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word "or" between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to website addresses or URLs will also include any successor or replacement websites containing substantially similar information as the referenced website(s).
3. Waiver of Rights and Remedies
Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of these Terms and Conditions. Our rights, powers and remedies in these Terms and Conditions, including without limitation the right to suspend, restrict or terminate any use of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
4. Severability
If any provision of these Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
5. Limitation Period
Any cause of action you may have with respect to these Terms and Conditions or the Website must be commenced within one year after the claim or cause of action arose, or it will be barred.
6. Notices
Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with these Terms and Conditions a.by us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars then listed in your Account; by you to us will only be deemed to have been effectively and validly given if in writing and delivered or submitted to the Chief Privacy Officer.
7. Assignment and Inurement
We may at any time assign our rights and obligations under these Terms and Conditions, in whole or in part, without notice to you. You may not assign these Terms and Conditions without our prior, written consent. These Terms and Conditions will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
8. Relationship
You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms and Conditions or use of the Website.
9. Entire Agreement
These Terms and Conditions, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, including but not limited to the Privacy Policy, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and Conditions and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.
10. English Language
The parties have requested and agree that these Terms and Conditions and all documents relating thereto be drawn up in English.