Vincit Global Inc. (www.HorticultureOnline.org)
LIABILITY DISCLAIMER AND USER AGREEMENT
GENERAL The Brentwood Bay Nurseries Ltd. (represented by, and referred to hereinafter as 'Vincit Global Inc.') 'www.HorticultureOnline.org' website is offered to you, the user ("User"), conditioned on acceptance of the terms, conditions, and notices contained herein, without modification. User access and use of this site constitutes acceptance of these terms and conditions. DISCLAIMER OF LIABILITY AND RELIABILITY In preparation of these pages, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limiting anything here, Vincit Global Inc. and its authorized agents and contractors disclaim any responsibility for any errors and do not guarantee the accuracy of any information that may be contained on Vincit Global Inc. web pages. The information and data included in this website have been compiled by the Vincit Global Inc. staff from a variety of sources, and are subject to change without notice to the User. VINCIT GLOBAL INC. AND ITS AUTHORIZED AGENTS AND CONTRACTORS MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER REGARDING THE QUALITY, CONTENT, COMPLETENESS, SUITABILITY, ADEQUACY, SEQUENCE, ACCURACY, OR TIMELINESS OF SUCH INFORMATION AND DATA. In any situation where the official printed publications of Vincit Global Inc. differ from the text contained in this system, the official printed documents take precedence. THE SERVICES, INFORMATION, AND DATA MADE AVAILABLE AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND VINCIT GLOBAL INC. AND ITS AUTHORIZED AGENTS AND CONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDITION OR FUNCTIONALITY OF THIS WEBSITE, ITS SUITABILITY FOR USE, OR THAT THIS WEB SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. LINKS TO THIRD PARTIES' WEBSITES There are links and pointers to third party Internet websites contained in the Vincit Global Inc.'s website. These sites linked from Vincit Global Inc.’s website are not under the company’s control. Vincit Global Inc. and its authorized agents and contractors do not assume any responsibility or liability for any information, communications or materials available at such linked sites, or at any link contained in a linked site. Vincit Global Inc. and its authorized agents and contractors do not intend these third party links to be referrals or endorsements of the linked entities by Vincit Global Inc., and are provided for convenience only. Each individual site has its own set of policies about what information is appropriate for public access. User assumes sole responsibility for use of third party links and pointers. DISCLAIMER OF DAMAGES By using Vincit Global Inc.’s web pages, the User assumes all risks associated with the use of this site, including but not limited to any risk to User's computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a Vincit Global Inc. web page, this site or User's access to it. VINCIT GLOBAL INC. AND ITS AUTHORIZED AGENTS AND CONTRACTORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THE INFORMATION OR LACK OF INFORMATION ON THE VINCIT GLOBAL INC. WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FROM ANY INFORMATION, DOCUMENTS, SERVICES, SOFTWARE, OR OTHER MATERIAL OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT , TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF VINCIT GLOBAL INC. AND/OR ANY OF ITS AUTHORIZED AGENTS, CONTRACTORS, EMPLOYEES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Vincit Global Inc. and its authorized agents and contractors shall not be liable for any loss or injury caused in whole, or in part, by their actions, omissions, or contingencies beyond their control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any User's decision, or action taken or not taken in reliance upon information furnished. USE OF BULLETIN BOARD, OR ANY OTHER COMMUNICATION OR INTERACTIVE FORUMS (BLOG) To the extent that this website contains or may in the future contain bulletin boards, discussion webs, chat rooms, or other message, interactive or communication facilities involving Vincit Global Inc. and other users ("Forums"), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a Forum, the User shall not violate the law by: • Defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others. • Publishing, posting, distributing, or disseminating any defamatory, infringing, obscene, indecent, or unlawful material or information. • Uploading or downloading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the User owns or controls the rights thereto or has received all necessary consents. • Deleting any author attributions, legal notices or proprietary designations or labels in any file that is uploaded. • Falsifying the origin or source of any material contained in a file that is uploaded. • Knowingly introducing viruses, corrupted files or any other similar software or programs that may damage, alter or destroy this website or the operation of another's computer system, network, software, program, documentation or data contained therein. • Knowingly accessing or attempting to access or use Vincit Global Inc.’s computer system, computer network, or any part thereof, including this website, for the purpose of devising or executing any scheme or artifice to defraud; obtaining money, property or services by means of false or fraudulent pretenses, representations or promises; or committing theft, including but not limited to theft of proprietary information. User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this website only as permitted by these terms and conditions, any additional policies or procedures published in this website from time to time by Vincit Global Inc., and applicable law. Vincit Global Inc. and its authorized agents and contractors reserve the right to remove any contents of this website received from users for violations of the Vincit Global Inc. forum use policies and other applicable regulations and law, including violations of others' constitutional rights. Vincit Global Inc. reserves the right to edit any notices or postings for length if and when such length interferes with other users' access to and use of Forums. The User acknowledges that chats, conferences, bulletin boards, discussion webs and any other such interactive or communications' forums hosted by this website are public and not private communications. Further, the User acknowledges that chats, posting conferences, discussion webs and other communications by other users are not endorsed by Vincit Global Inc. or its agents or contractors, and such communications shall not be considered reviewed, screened, or approved by Vincit Global Inc. Notification that Information Provided by You is Public Information GENERAL Any information provided by you to Vincit Global, Inc., including but not limited to feedback, questions, comments, and suggestions are non-confidential; moreover, such information is a public record subject to public inspection pursuant to law. Vincit Global Inc. has no obligation of any kind with respect to such information and is free to reproduce, use, and disclose the information to others without limitation. Additionally, Vincit Global Inc. is free to use any ideas or concepts contained in such information for any purpose whatsoever. INDEMNITY User agrees to protect, defend, reimburse, indemnify and hold Vincit Global Inc., its agents, employees, and officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages (including reasonable attorney fees) and cause of action of every kind and character (this is to the extent allowed by the law except to the extent caused by the company’s negligence) by reason of any claim for infringement of any patent, copyright, trademark, trade secret or other intellectual property rights; any damage to property; or any bodily injury (including death) incurred or sustained by any person or entity whomsoever, arising out of or incident to or in connection with User's use of the Vincit Global Inc.'s website or any breach of the terms of this Agreement. JURISDICTION This Agreement is governed by the laws of the Province of British Columbia, Canada. User consents to the exclusive jurisdiction and venue of courts in British Columbia, Canada in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Vincit Global Inc.'s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Vincit Global Inc.'s right to comply with law enforcement requests or requirements relating to the User's use of this website or information provided to or gathered by Vincit Global Inc.’s with respect to such use. SEVERABILITY If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. CLOSING OF AGREEMENT This Agreement constitutes the entire agreement between the User and Vincit Global Inc. and its contractors and agents with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Vincit Global Inc. with respect to this website. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved for the benefit of Vincit Global Inc.
