By accessing any area of Positive E Solutions Inc. (the “Web Site”) the user acknowledges this notice, and agrees to the terms and conditions, set out below. Except where stated otherwise, the term "PES" used on the Web Site shall be deemed to include Positive E Solutions Inc., 1072957 Ontario Limited and their respective affiliates, subsidiaries, successors and assigns.
Trademarks and Copyrights
Positive E Solutions Inc. owns and operates the PositiveESolutions.com Web Site. All trademarks, product names and company names or logos cited herein are the property of their respective owners. The material contained on PositiveESolutions.com, including all portions of the Web Site, content, site design, text, graphics, and the selection and arrangement thereof are Copyright © Positive E Solutions Inc.. ALL RIGHTS RESERVED.
No material from the Web Site or any web site owned, operated, licensed or controlled by PES or its licensors, may be copied, reproduced, republished, posted, transmitted or distributed in any way. The user may print, in hard copy, portions of the Web Site only for the purpose of placing an order with Positive E Solutions Inc.. 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 PES is strictly prohibited.
Disclaimer and Limitation of Liability
The web site and the information or materials herein are provided on an “as is, where is” basis. PES makes no representations or warranties, either 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 PES makes no warranties or representations regarding the content of the website: (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, PES provides no endorsement or representation of any kind regarding the products, services, content or appropriateness of content of such web sites, and the user hereby irrevocably waives any claim against PES with respect to such web sites. Except as specifically stated on the web site, none of PES or any of its respective directors, employers or other representatives will be liable for damages arising out of or in connection with the use of the web site, or any hyperlinked web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Price and availability information is subject to change without notice. All prices quoted are in Canadian Dollars. PES reserves the right to limit quantities.
The user acknowledges that any content, offers, information, opinions (including without limitation, reviews) ("Content") he or she may provide to the Web Site becomes the property of PES, including all copyright, without reservation, and user waives in favour of PES any and all moral rights in such Content. The user acknowledges and agrees that all or any portion of the Content may be used, edited, reproduced, published, translated, sublicensed, copied and distributed and/or incorporated into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content, without compensation of any kind to the user. By submitting Content to PES, the user automatically warrants that he/she has the full right and authority to submit such Content, and that none of such Content is subject to any copyright or other proprietary right of a third party. Any Content expressed or made available by third parties, including any other user of the Web Site, are those of the respective third parties and not of PES or its licensors, or any of their officers, directors, employees or agents. The owners and operators of the Web Site reserve the right to not publish, or to remove any Content that they deem in their sole discretion, to be inappropriate for the Web Site, for any reason whatsoever.
GOVERNING LAW AND JURISDICTION
The Web Site (excluding linked web sites) is controlled by PES from its offices within the Province of Ontario, 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 Ontario, 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 Ontario 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 Ontario and acknowledges that the user does so voluntarily and is responsible for complying with local laws.