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Our Terms of Use are intended to be read in conjunction with our Privacy Policy. Capitalized terms contained herein have the meanings attributed to them in our Privacy Policy.
Terms of Use
EasyTrim Inc. (“We”) owns and operates this website (“Website”). In the policy You as the purchaser and user of the Website and Products (defined below) are referred to herein as the “Purchaser”, “Your” or “You”. Your access to the Website is conditional on You agreeing to, and complying with, the following disclaimers, limitations of liability and website terms of use (collectively “Terms of Use”). If You do not accept these Terms of Use, Your access to and use of this Website is prohibited. By accessing the Website, You enter into a legal contract and agreement with EasyTrim™ the terms of which agreement are as stated in these Terms of Use.
We may change these Terms of Use from time to time and You agree to check for such changes each time You visit the Website. Your continuing use or access of the Website following our posting revised Terms of Use constitutes Your acceptance of the revised Terms of Use. Content contained in this Website is for general information purposes only. Any monetary amounts mentioned in this website are in Canadian dollars unless otherwise noted.
Return Policy
All parts purchased from EasyTrim™ can be returned for replacement within 90 days from date of purchase subject to the following terms and conditions.
- Returns should be accompanied by a copy of the original invoice/Receipt.
- Items accepted for return are subject to a 20% restocking charge.
Grant of License
EasyTrim™ grants You a limited, revocable, conditional and non-exclusive license to display and print the contents of the Website for personal, non-commercial use only, provided You do not alter the contents thereof. Any other use is strictly prohibited without the express written consent of EasyTrim™. Any rights not granted in these Terms of Use are expressly reserved by EasyTrim™.
Alberta Law Applies
The laws of the province of Alberta, and the laws of Canada applicable in Alberta, will govern use of this Website and the interpretation, validity and effect of these Terms of Use, notwithstanding Your physical location, (whether permanent or temporary), residence or domicile. You hereby irrevocably consent, submit and attorn to the non-exclusive jurisdiction of the courts of the province of Alberta, sitting at Calgary, without regard to the conflict of laws provisions of such courts, in any action or proceeding related to this Website, its contents, Your use thereof or, subject to the provisions of any other agreement between You and EasyTrim™ and or Your other dealings with EasyTrim™. You agree to not commence any such action or proceeding except in Calgary, Alberta, Canada, and You agree to not commence any action by way of class proceedings or class action, provided that nothing in the foregoing will restrict EasyTrim™ from seeking an injunction or other equitable relief in any court of competent jurisdiction if required to restrain a breach or threatened breach of these Terms of Use by You.
DISCLAIMER OF WARRANTIES AND CONDITIONS
Except as expressly set out herein, the Website and the Products are provided strictly on an “AS IS, WHERE IS” and “AS AVAILABLE” basis. EasyTrim™ warrants that, for 60 days from the initial delivery of Products, the Products shall operate substantially in accordance with the description provided on the Website. In the event of any breach of the limited warranty provided in this Section, EasyTrim™ shall use commercially reasonable efforts to modify or replace the Products or applicable component, as the case may be, to correct such defect. The Purchaser further acknowledges and agrees that EasyTrim™ is not responsible, and shall have no liability arising from Products provided by any persons other than EasyTrim™. No oral or written information or advice given by EasyTrim™ or its officers, directors or employees shall in any way extend, modify or add to the foregoing limited warranty.
LIMITATION OF LIABILITY
IN NO EVENT WILL EASYTRIM™ OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY ARISING OUT OF THE USE OF THE PRODUCTS OR DOCUMENTATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EASYTRIM™ AND THE PURCHASER. THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
The Products
All of the Products posted on, linked to, or available on or through the Website are subject to availability and to change without notice. EasyTrim™ makes no offers subject to unconditional acceptance and any offer made by You is subject to review and acceptance by EasyTrim™. In addition, any contract concluded between you and EasyTrim™ related to, or arising out of, the Product or Website, requires acceptance of EasyTrim™ related to the Products in effect at the time.
Third Party Links and Endorsements
From time to time, EasyTrim™ may post certain links or other third party information on the Website that lead to websites maintained by independent third parties over which EasyTrim™ has no control. EasyTrim™ accepts no obligation to post or maintain any such links and there may be no such links at any given time. If EasyTrim™ does provide such links, they have been provided solely as a convenience for users of the Website and do not constitute an endorsement by EasyTrim™ of the content of such third party sites. Your use of such links is solely at Your own risk. Links to this Website may also be provided from other sites either known or unknown to EasyTrim™ and access to any other website linked to or from this Website is at Your own risk. EasyTrim™ make no representations, warranties, conditions or guarantees, and disclaims all liability and responsibility for the privacy practices, content or accuracy of content on all such third party websites. Nothing in this Website constitutes an endorsement or approval of any third parties or their advice, opinion, information, products or services, express or implied.
Internet Communications and Email
The Internet is not a secure medium and data in transit or housed on computers is subject to possible interception, loss, corruption, or alteration of communication for which EasyTrim™ assumes no liability. You use the Internet and email at Your own risk.
Any unprotected email or other communication over the Internet is not confidential, is subject to possible interception or loss, and is also subject to possible alteration. EasyTrim™ will not be responsible for, nor be liable to You or anyone else, for any damages in connection with any Internet communication with EasyTrim™, nor for any email sent by You to EasyTrim™, or any email or other electronic communication sent by EasyTrim™ to You at Your request or in response to information received from You.
Rights
The Products, material and information accessed via the Website are available only under the conditions set out herein.
Unless otherwise stated, all the contents of this Website and any information thereon, including the selection and arrangement of the elements making up this Website, are licensed or copyright to EasyTrim™ all rights reserved. EasyTrim™ and associated logos and designs are trade-marks and the exclusive property of EasyTrim™, all rights reserved. The trade-marks of any third parties appear with any required licenses.
General Terms
These Terms of Use will ensure to the benefit of EasyTrim™ and its heirs, successor and assigns. In the event that any portion of these Terms of Use is found to be invalid by a court of competent jurisdiction, such provision shall be severed from these Terms of Use, and the balance of these Terms of Use shall remain
in full force and effect.
Contacting Us and Receiving Information
Subject to these Terms of Use, the Website permits You to contact EasyTrim™ to receive information, to provide EasyTrim™ with questions or comments, to request the Products, to submit a resume for consideration by EasyTrim™, to subscribe to newsletters and/or other periodically distributed information, and for such other purposes as EasyTrim™ may permit from time to time.
EasyTrim™ requests that You provide EasyTrim™ with only such personal information as You reasonably should disclose in order to permit EasyTrim™ to provide You with information, respond to You, consider Your queries or consider You for employment. EasyTrim™ accepts no liability for any failure to receive Your information, or for any loss of, or damage to, information in transit to EasyTrim™, or received by EasyTrim™. Any personal information You provide is considered by EasyTrim™ to have been provided with Your consent, permitting EasyTrim™ to collect, use and disclose such personal information for reasonable purposes related to Your contacting EasyTrim™ or receiving information from EasyTrim™.
See our Privacy Policy for additional information.