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GENERAL TERMS & CONDITIONS:
In general, this describes the terms and conditions applicable to your purchase and use of this Merchants Canada Inc. website which is owned, operated and maintained by Merchants Canada Inc. We may amend this Agreement at any time, without notice by posting the amended terms on our site. The amended terms shall automatically be effective when they are initially posted. It is the deemed responsibility of the users of this website to check periodically for modifications. Each time you use the site you are acknowledging your agreement to these terms. NEITHER WE, OR OUR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SYSTEM WILL BE UNINTERRUPTED OR THAT THE INFORMATION OR ACCESS WILL BE ERROR-FREE; NOR DO WE NOR ANY OF OUR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, THE SITE IS AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SITE. LIMITATION OF LIABILITY: NEITHER WE NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SITE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA) ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF THE SERVICE PROVIDERS) EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS AGREEMENT ARE FOR OUR BENEFIT AND THE BENEFIT OF OUR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES AND AGENTS AND EACH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE SUCH PROVISION DIRECTLY ON ITS OWN BEHALF. THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. In order to maintain strict compliance with all applicable global export control laws maintained at Merchants Canada inc. (Hereinafter referred to as MCI ), the customer (Hereinafter referred to as you) acknowledges and agrees to as follows:
1. You hereby affirm that you will abide by all applicable export control laws and regulations in place in Canada & USA.
2. You agree not to sell, export, re-export, or otherwise transfer MCI products or technology to Crimea - Region of Ukraine, Ukraine, Iraq, Iran, Syria, North Korea, Russia, Russian industry sector, Afghanistan, Democratic Republic of the Congo, Haiti, Libya, Vietnam, Somalia, Sri Lanka, Liberia, Cyprus, Lebanon, Central African Republic, Balkans, Belarus, Venezuela, Yemen, Cuba and Zimbabwe
3. You agree not to sell, export, re-export, or otherwise transfer MCI products or technology to any country that is subject to embargo or sanction by the United States government or Canadian Government, or to any person or entity prohibited from receiving controlled technology specifically mentioned herein or not.
4. You agree not to sell, export, re-export, or otherwise transfer MCI products or technology for any prohibited end-use, including for use in the design, development, production, stockpiling or use of missiles, nuclear, chemical or biological weapons.
5. You agree to obtain any required export authorizations for shipments that originate outside of the U.S. or Canada. Failure to comply with applicable export control laws and regulations may result in the imposition of fines, the denial of export privileges, imprisonment, and other penalties.
All responsibility or liability for any damages caused by viruses contained within the site, the files at the site or emails sent by the site is disclaimed. Any information or material provided or sent to Merchants Canada Inc. will be deemed to be NOT confidential. By sending Merchants Canada Inc. any information or material, you grant Merchants Canada Inc. an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Merchants Canada Inc. is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose. Due to the anonymous nature of the Internet, it is difficult and sometimes impossible to confirm each user's purported identity. We have no control over the quality or condition of the items described, advertised, the truth or accuracy of the information on the site, the ability of sellers to sell items or the ability of buyers to buy items. We disclaim any warranties expressed or implied on products or services listed on the Site or contained in any emails sent. We do not assume responsibility for the content or the context of the emails. This includes, but is not limited to, mistakes and typographical errors. We cannot and do not control whether or not buyers and sellers will complete the transaction. Merchants Canada Inc. cannot and does not try to confirm that each user is who they claim to be on the site. Any misuse of the Merchants Canada Inc. web site or services is strictly prohibited. This includes misuse of any function, service, or page herein. Any attempt at nonstandard, non-approved use of this website or any service is prohibited (including any program, device, user, or software taking any action which interferes with the proper operation of this site and any services). Merchants Canada Inc. reserves the right to refuse or suspend service to anyone at any time for any reason with or without prior notice. If a situation of site misconduct is brought to our knowledge, we will investigate the matter as we deem appropriate under the circumstances. You may not use Merchants Canada Inc. for chain letters, junk mail or spamming. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of Merchants Canada Inc. and in negotiations and transactions arising out of your use of the Site. You expressly agree that exclusive jurisdiction for any claim or dispute resides in the federal and provincial courts sitting in the Province of Ontario, Canada. You further agree and expressly consent to the exercise of personal jurisdiction in the Province of Ontario, Canada, in connection with any dispute or claim involving the Site. You and Merchants Canada Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. All users of this site are responsible for any and all information posted in their user account. You are responsible for your password and any actions taken under your password. You must not disclose your password to anyone else. We cannot guarantee the preservation of records and may delete information without notice at our sole discretion. Our Privacy Policy is available for your review. We may change our Privacy Policy from time to time without notice. Merchants Canada Inc. and its suppliers are not responsible for damage or loss caused by errors in the Merchants Canada Inc. website or the Internet. The system may be unavailable as a result of errors or circumstances beyond our control. Use the Merchants Canada Inc. website at your own risk. Merchants Canada Inc. and its suppliers cannot guarantee that we will notice or prevent any inappropriate use of the Merchants Canada Inc. website. Contents of this website are the exclusive property of Merchants Canada Inc. , and may not be reproduced in any form without the prior written consent of Merchants Canada Inc.
