CONDITIONS OF USE- WEBSITE DISCLAIMER
SOLAR TRADER INC.
Welcome to the Web Site (the "Web Site") of Solar Trader Inc. ("Solar Trader"). Please review carefully the following terms and conditions (the "Terms") which concern your use of the Web Site and your relationship with Solar Trader as they affect your rights and liabilities under law. By accessing, using or downloading content from the Web Site you agree to follow and be bound by the terms as set out below (the “Terms”). If you do not agree to the Terms, please do not access or use the Web Site. Solar Trader reserves the right to change the Terms from time to time at its sole discretion. It is, therefore, necessary, and your responsibility, to periodically visit this page to ensure that you review and are aware of the then current Terms to which you are bound. If you do not wish to accept the new Terms, you should not continue to access, use or download content from the Web Site. In the case of any violation of the Terms, Solar Trader reserves the right to seek all remedies available by law and in equity for such violations. These Terms apply to all visits you make to the Web Site, both now and in the future.
All information or advice provided as part of the Web Site is intended to be general in nature and you should not rely on it in connection with the making of any decision. Solar Trader tries to ensure that all information provided as part of the Web Site is correct at the time of inclusion on the Web Site but does not guarantee the accuracy of such information. Solar Trader is not liable for any action you may take as a result of relying on such information or advice or for any loss or damage suffered by you as a result of you taking this action.
Solar Trader has intellectual property rights that protect the content of the Web Site and any unauthorized use of any content contained on the Web Site may violate copyright and trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You acknowledge that all rights in the material and content supplied as part of the Web Site shall remain with Solar Trader or its licensors. You may not use, download or copy any content on the Web Site unless: (1) you use the content solely for personal, informational and non-commercial purposes; (2) the Solar Trader symbol and statement set forth on each page of the Web Site appears, intact, on each downloaded or copied page; and (3) no modifications are made to any content. The foregoing rights granted to you constitute a license and not a transfer of title. Solar Trader reserves the right to revoke the authorization to view, download and print the content available on this Web Site at any time, and any such use shall be discontinued immediately upon written notice from Solar Trader. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any content from the Web Site in whole or in part without the prior written permission of Solar Trader. You may not "mirror" any content contained on the Web Site on any other server without Solar Trader's prior express written permission. Any rights not expressly granted herein are reserved by Solar Trader.
Links to Third Party Web sites
This Web Site may contain links to websites owned or operated by parties other than Solar Trader. Such links are provided for your reference only. Solar Trader does not control outside websites and is not responsible for their content nor their conformity to applicable laws. Solar Trader's inclusion of links to an outside website does not imply any endorsement of the material on the Web Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Solar Trader's inclusion of the links imply that Solar Trader is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked website.
As a condition of your use of the Web Site, you agree that you will not use the Web Site or the content contained herein for any purpose that is unlawful or prohibited by these Terms. You agree not to upload or transmit through the Web Site:
·any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; or
· any material which is defamatory, offensive or of an obscene character.
By using this Web Site and when providing Solar Trader with your personal information, you are consenting to Solar Trader's collection, use and disclosure of your personal information in accordance with these privacy provisions. You may choose not to provide personal information through this Web Site; however in doing so, you may not be able to engage in certain transactions or activities offered through this Web Site.
Solar Trader may ask and collect from you your full name, postal address, phone number and e-mail address in order to complete shipping orders and provide e-mail bulletins to you. When you order a product, we also collect credit card information to process payment.
Solar Trader asks for and collects the personal information listed above to create an account for purchases of Solar Trader products or services.
We use this information to perform or process on-line offers or on-line purchase order transactions and telephone orders, to communicate with you and to respond to your inquiries. Solar Trader will also use your personal information to verify your credit, to bill you for products and services and to enable you to participate in discount, rebate or other similar types of programs. By submitting a purchase order and purchasing a Solar Trader product, service or subscription, you consent to us providing your personal information to our service providers and other third parties that we deem necessary to process your transaction. In order to process Web Site or telephone transactions, Solar Trader may share and disclose your personal information with our agents, representatives, contractors and service providers so that they can provide us with services such as authorization of credit card transactions, order fulfillment, shipping etc. Solar Trader requires these entities not to use the information for any other purpose than for that for which it was provided.
If you consent by using the option feature on the Solar Trader Web Site store page, Solar Trader will also use your information to provide you with e-mail product offers, announcements about Solar Trader services or news that we think will be of interest to you.
No Warranties; Exclusion of Liability
SOLAR TRADER MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS OR PRODUCTS ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH MATERIALS AND PRODUCTS ARE PROVIDED BY SOLAR TRADER "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SOLAR TRADER SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE MATERIALS AND PRODUCTS ON THIS WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SOLAR TRADER SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS ON THIS WEB SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEB SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEB SITE. YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER SOLAR TRADER, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, THE MATERIALS OR PRODUCTS ON THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, DELICT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You agree that this agreement and your use of this Web Site are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Toronto, Ontario, Canada in all disputes: (a) arising out of, relating to, or concerning this Web Site and/or this agreement, (b) in which this Web Site and/or this agreement is an issue or a material fact, or (c) in which this Web Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
Solar Trader has endeavoured to comply with all legal requirements known to it in creating and maintaining this Web Site, but makes no representation that materials or products on this Web Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, 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 govern such use. With the prior agreement of Solar Trader, any claim, dispute or controversy arising out of, relating to or concerning this Web Site and/or this agreement shall be decided by binding arbitration in accordance with the Arbitration Act, 1991 and any such arbitration proceedings shall be brought and held in Toronto, Ontario. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
You agree that Solar Trader may at any time and without notice change the terms, conditions and notices under which this Web Site is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and Solar Trader as a result of this agreement or your use of this Web Site. Solar Trader's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Solar Trader's right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by Solar Trader with respect to such use. This agreement, the privacy statement, and terms of sale presented to you in connection with your transaction constitute the entire agreement between you and Solar Trader with respect to this Web Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Solar Trader with respect to this Web Site. No modification of this agreement shall be effective unless it is authored by Solar Trader of Canada or its affiliates, or unless it is physically signed in blue ink by a Solar Trader officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Solar Trader in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Web Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Solar Trader in printed form.