THE LITEBOOK® COMPANY INC. WEB SITE TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY. IT GOVERNS YOUR USE OF THE LITEBOOK® WEB SITE(S) AND ITS CONTENT (COLLECTIVELY, THE "WEB SITE"). IT EXEMPTS THE LITEBOOK® COMPANY AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. EACH TIME YOU USE THE WEB SITE YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT.
The Litebook® Company Ltd. ("Litebook") may revise these Terms and Conditions at any time by updating this posting. If you do not accept the Terms and Conditions stated here, do not use the Web Site.
TRADEMARKS AND COPYRIGHTS
All portions of the Web Site, content, site design, text, graphics, and the selection and arrangement thereof are Copyright © The Litebook® Company Ltd. (all rights reserved), and are protected by copyright under both Canadian and foreign laws.
Litebook® authorizes you to view, download and print the material on this Web site ("Web Site") solely for your personal, noncommercial use. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any commercial purpose. The use of any such material for any other reason, on any other web site, or the modification, distribution or republication of this material without prior written permission from Litebook is strictly prohibited. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
The Light You Need – Everyday™ and other Litebook® owned trade-marks appearing on the Web Site, are registered and unregistered trade-marks owned by or licensed to Litebook®. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the Web Site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Web Site.
DISCLAIMER AND LIMITATION OF LIABILITY
THE WEB SITE AND THE INFORMATION OR MATERIALS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS AND HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. LITEBOOK® MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEB SITE OR ITS CONTENTS. LITEBOOK® DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE WEB SITE, THE USER EXPRESSLY ACKNOWLEDGES THAT LITEBOOK® MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE CONTENT OF THE WEB SITE: (i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THE WEB SITE IN TERMS OF HOW CURRENT IT IS, ITS ACCURACY, OR ITS COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE WEB SITE, LITEBOOK® INCLUDES LINKS TO OTHER WEB SITES OVER WHICH LITEBOOK® HAS NO CONTROL. LITEBOOK® PROVIDES NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH WEB SITES, AND THE USERS HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST LITEBOOK® WITH RESPECT TO SUCH WEB SITES.
LITEBOOK® DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS EXCEPT AS SPECIFICALLY STATED ON THE WEB SITE. NO EVENT SHALL LITEBOOK®, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO MEDICAL ADVICE OR RECOMMENDATIONS
Much of the information on this Web Site relates to products and services offered by Litebook®. The content and materials on this web site are for your general educational information and reference only and are not intended to provide any health care, medical or professional advice or recommendations or used to determine treatment for specific medical or health conditions. The information on this Web Site is also not intended in any way to help or encourage visitors to diagnose their own medical conditions or the medical conditions of others. This web site offers no diagnoses or endorsements. You should seek appropriate, qualified professional advice and recommendations and especially consult with your own physician before acting or omitting to act based upon any information provided on or though the Web Site. Information you read on this Web Site cannot replace the relationship that you have with your health care professional. Litebook® does not practice medicine or provide medical services or advice. You should always talk to your health care professional for diagnosis and treatment.
Please also note that the US Government Food & Drug Administration (FDA) has not reviewed, endorsed for use or approved any products and services found on and available through this Web Site.
USER REVIEWS, FORUM POSTINGS, AND OTHER CONTENT
Generally, any communication or content which you post to the Litebook® Website is considered to be non-confidential unless otherwise indicated. Visitors may post reviews, testimonials, comments, and other content in our forums and elsewhere and submit feedback, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it, reveals trade secrets, unless you own them or have the permission of the owner, infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; promotes competing products and services or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses or political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity. Litebook® reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post or submit content or materials, and unless we indicate otherwise, you automatically grant Litebook® and its assigns a nonexclusive, royalty-free, perpetual, irrevocable, unrestricted, world-wide and fully sublicencable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content or any ideas, concepts, know-how or techniques associated with the submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Litebook® or its assigns, and you agree, represent and warrant that all moral rights in the submissions are waived in favour of Litebook® and its assigns. throughout the world in any media. You grant Litebook® and its affiliates and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Litebook® or its affiliates for all claims resulting from content you supply. Litebook® takes no responsibility and assumes no liability for any content posted by you or any third party.
LINKS TO OTHER SITES
The Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Company of the contents on such third-party Web sites. Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
GOVERNING LAW AND JURISDICTION
The Web Site (excluding linked web sites) is controlled by Litebook® from its offices within the Province of Alberta, Canada. The Web Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing the Web Site, the user agrees that all matters relating to access to, or use of, the Web Site, or any other hyperlinked web site, shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Province of Alberta and acknowledges that the user does so voluntarily and is responsible for complying with local laws.
Litebook does not knowingly sell products for purchase by children. We sell children's products for purchase by adults. If you're under 18, you may use Web Site only with the involvement of a parent or guardian.
LINKING, FRAMING, MIRRORING, SCRAPING AND DATA-MINING THE WEB SITE
The framing, mirroring, scraping or data-mining of the Web Site or any of its content in any form and by any method are strictly prohibited.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF LITEBOOK® AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY LITEBOOK® OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
No Litebook® employee has the authority to vary this Agreement. No waiver, express or implied, by either party of any breach of this Agreement will constitute a continuing waiver of such breach or be deemed to be a waiver of any preceding or subsequent breach. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severed from the rest of this Agreement and will not affect the validity and enforceability of any remaining provisions. The provisions of this Agreement will enure to the benefit of and be binding upon each of Litebook and the Providers and each of its successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Litebook® which may be withheld in Litebook®'s sole discretion. Litebook® may assign this Agreement and its rights and obligations under this Agreement without your consent. Any rights not expressly granted by this Agreement are reserved to Litebook®.
You and Litebook® 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 Web Site.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient redigés en anglais.