EM JAY’S INC. – TERMS OF USE
Effective Date: March 1, 2021
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.
YOU MUST BE NINETEEN (19) YEARS OR OLDER TO USE OR ACCESS THE SITES OR USE OR ACCESS, OR ATTEMPT TO USE OR ACCESS, THE SERVICES. SUCH SERVICES ARE NOT INTENDED FOR USE BY INDIVIDUALS UNDER THE AGE OF NINETEEN (19) YEARS. BY ACCESSING AND/OR USING ANY PORTION OF THE SITE AND SERVICES, YOU REPRESENT AND WARRANT TO EM JAY’S THAT YOU ARE NINETEEN (19) YEARS OF AGE OR OLDER, YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO AGREE TO AND ABIDE BY THIS PRIVACY POLICY, AND YOU WILL USE SUCH SITE AND SERVICES IN A MANNER CONSISTENT WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU ARE UNDER NINETEEN (19) YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE FOR ANY REASON AND YOU MUST LEAVE THIS SITE IMMEDIATELY.
YOU AGREE THAT YOU WILL NOT ACCESS THIS SITE FROM ANY TERRITORY WHERE THE CONTENT OR USE OF THE SITE OR THE SERVICES IS ILLEGAL. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LOCAL LAWS.
YOU SHOULD PRINT A COPY OF THESE TERMS OF USE FOR FUTURE REFERENCE.
If you are registering or using the Service on behalf of, or in connection with, your employment or engagement with a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms of Use, and you hereby do agree to be bound by these Terms of Use on behalf of such Subscribing Organization. In such a case, references to “you” in these Terms of Use shall be construed to mean you, the Subscribing Organization, and any other individual that uses the Service on the Subscribing Organization’s behalf or in connection with their employment with or engagement by such Subscribing Organization. To the extent your Subscribing Organization has a separate written agreement with Em Jay’s, that agreement will define the order of precedence between these Terms of Use and that separate agreement with respect to such Subscribing Organization, provided that you remain individually bound by these Terms of Use with respect to your use of the Service.
In these Terms of Use:
Welcome to the website and online service of Em Jay’s. This is a legal agreement between you and Em Jay’s. These Terms of Use govern your use of the Service. Each time you use the Service, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by these Terms of Use, whether or not you are a registered user of our Service. You must obey Em Jay’s policies as stated in these Terms of Use as well as all other operating rules, policies and procedures that may be published from time to time on the Service, each of which is incorporated herein by reference and each of which may be updated by Em Jay’s from time to time without notice to you. You represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and any person you purport to represent. IF YOU DO NOT AGREE WITH EACH PROVISION OF THESE TERMS OF USE, OR YOU ARE NOT AUTHORIZED TO AGREE TO AND ACCEPT THESE TERMS OF USE ON BEHALF OF THE PERSON YOU PURPORT TO REPRESENT, THEN PLEASE DO NOT ACCESS OR USE THE SERVICE.
The Service is for convenience and informational purposes only and is not intended to convey health, medical or legal advice or recommendations, or an offer to sell any product or service. These Terms of Use are in addition to any other agreement you may have with Em Jay’s, including a transaction agreement. Your use of the Service includes the ability to enter into agreements and/or to make offers to purchase electronically. IF YOU CHOOSE TO ENTER INTO AGREEMENTS AND/OR TO MAKE OFFERS TO PURCHASE ELECTRONICALLY, YOU ACKNOWLEDGE THAT YOUR ELECTRONIC COMMUNICATIONS ARE SUFFICIENT TO CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC COMMUNICATIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE AND THE SERVICE. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
You may use the Service only if: (1) you have reached the age of nineteen (19); and (2) you can form legally binding contracts under applicable law. You may not use the Service if you live in a jurisdiction where the use of the Service or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Service is lawful, and you must comply with all applicable laws.
Em Jay’s reserves the right, at its sole discretion, to change, amend, modify, add, or remove terms and conditions contained in these Terms of Use, at any time, without further notice by posting any changes on the Service. Any new terms or conditions will be effective as soon as they are posted. It is your responsibility to check these Terms of Use periodically and you are deemed to be aware of such changes. Your continued use of the Service following the posting of such changes will mean that you accept and agree to the changes. If you do not agree to the changes, please stop using the Service.
The Service provides information about Em Jay’s services, past and current projects and experience, and may provide online retail services, including the online purchase of products for pick up in-store and for home delivery.
The Service is the proprietary property of “EM JAY’S INC.”, its suppliers or its licensors, as the case may be. Unless expressly stated otherwise, the Service is protected by copyright and other intellectual property laws.
The Marks are registered or unregistered trademarks, trade dress, designs, domain names, trade names and logos owned or licensed by Em Jay’s. All other trademarks, designs, domain names, trade names and logos not owned by Em Jay’s that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Em Jay’s.
Any use of the Marks, except as expressly provided in these Terms of Use, is strictly prohibited. Nothing appearing on the Service or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use in any manner any of the Marks.
We acknowledge that when you obtain access to the Service, your computer downloads a copy of the information that is on it. Provided that you are eligible to use the Service and subject to these Terms of Use, Em Jay’s hereby grants to you a limited personal, non-exclusive, non-sublicensable, worldwide, revocable, non-assignable and non-transferable right and license, to access, read, display on your computer, download and print a single copy of the text and images which are available on the Site (including any forms available on the Site which are designated for printing), solely for your personal and non-commercial use in connection with viewing the Site on any computer and any mobile devices, tablets, personal computers and other devices which you own and control, subject to any usage rules or other restrictions set out by the device manufacturer, app store provider or platform operator for the term of these Terms of Use (the “License”).
The License is personal to you, and may not be assigned, transferred or sub-licensed to any other person. Without limiting the generality of the foregoing, you may not make any commercial use of the Site, including the Site in or with any product that you create or distribute, or copy the Site onto your, or any other person’s, website. You will keep all copyright and other proprietary notices intact. Your use of the Service does not transfer to you any ownership or other rights in the Service. You may use the Service only in the manner described expressly in these Terms of Use and subject to all applicable laws. The Service may NOT be modified, copied, distributed, forwarded, framed, reproduced, republished, downloaded, displayed, posted, uploaded, incorporate, transmitted, sold or exploited in any form or by any means, in whole or in part, without Em Jay’s prior written permission, except as expressly permitted by these Terms of Use or by applicable copyright laws. Using the Service for any other purpose or in any other manner is strictly prohibited. Em Jay’s retains all rights not expressly granted hereunder. ANY USE OF THE SERVICE, OTHER THAN AS SPECIFICALLY AUTHORIZED UNDER THESE TERMS OF USE, WITHOUT THE PRIOR WRITTEN CONSENT OF EM JAY’S, IS STRICTLY PROHIBITED AND WILL TERMINATE THE LICENSE. THE LICENSE IS REVOCABLE BY EM JAY’S AT ANY TIME WITHOUT NOTICE AND WITH OR WITHOUT CAUSE.
You agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete, including a valid email address. If you provide any information that is untrue, inaccurate, not current, or incomplete, Em Jay’s has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
If applicable, registered users will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password, account and account designation and are fully responsible for all activities that occur under your password, account designation or account. You agree to: (a) immediately notify Em Jay’s of any unauthorized use of your password, account designation or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree that Em Jay’s cannot and will not be liable for any loss or damage arising from your failure to keep your password and account secure.
You may not transfer or sell your account and account designation to another party. If you are registering as a business entity or Subscribing Organization, you personally guarantee that you have the authority to bind the entity or Subscribing Organization to these Terms of Use. You may not use the Service to direct shoppers to another online selling venue to purchase the same products as listed in the Service. This includes posting links/URLs or providing information sufficient to locate the other online selling venue(s). You cannot use your account for the purpose of redirecting traffic to another web location.
The Service is not available to temporarily or indefinitely suspended registered users. Em Jay’s reserves the right, in Em Jay’s sole discretion, to cancel unconfirmed or inactive accounts. Em Jay’s reserves the right to refuse the Service to anyone, for any reason, at any time.
(a) Order Acceptance
Advertisements on the Service, including the Site, are invitations to you to make offers to purchase products and services on the Service and are not offers to sell. All prices and other amounts appearing on the Service are quoted in Canadian dollars.
You’re properly completed and delivered electronic order form constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send an order acceptance confirmation email to your email address. That order acceptance confirmation email constitutes our acceptance of your order and forms a legally binding contract between you and Em Jay’s.
(b) Payment
Em Jay’s accepts major credit cards, including Amex, Visa and Mastercard. Em Jay’s does not collect information related to the method of payment such as a credit or debit card number.
Please be sure to provide your exact billing address and telephone number, which should be the address and telephone number connected with your credit card or payment account. Incorrect information may cause a delay in processing your order. The total price of your order will be charged to your method of payment when our order acceptance confirmation email and our order receipt confirmation email have been sent to your email address.
When you submit your electronic order form, you agree to pay in full for all products and services purchased through the Service, and you agree that Em Jay’s may charge your credit card or payment account for any product or service purchased, including any applicable shipping, handling, or processing fees, and for any additional amounts (including any taxes, customs fees and late fees, as applicable) as may be accrued to or in connection with your account. Purchases will include appropriate sales tax based on where the product or service is shipped and the sales tax rate(s) in effect at the time your order invoices.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL AMOUNTS OWING BY YOU, AND FOR PROVIDING US WITH VALID CREDIT CARD OR PAYMENT ACCOUNT INFORMATION DETAILS FOR PAYMENTS OF ALL SUCH AMOUNTS.
(c) Cancellation
If for any reason you are not completely satisfied with the product or service you have purchased, please contact EM JAY’S directly at support@emjays.ca
(d) Changes/Corrections/Availability
Em Jay’s reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available on the Service, the prices, fees, charges and specifications of such products and services, any promotional offers and any other part of the Service without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason; and (d) limit quantities available for sale.
(e) Misprints and Errors
Em Jay’s endeavours to provide current and accurate information on the Service. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Em Jay’s cannot guarantee that products and services advertised on the Service will be available when ordered or thereafter. Em Jay’s does not warrant that the Service, including, without limitation, product descriptions or photographs, is accurate or complete.
(f) Your Information
We rely on the information you provide through the Service, including Registration Data, payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current, and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to update your Registration Data and payment information within 30 days of any change.
(g) Encryption
The Service either uses encryption technology to protect credit card information and payment account information from access by unauthorized third parties or Subscribing Organizations will use encryption technology to protect credit card information and payment account information from access by unauthorized third parties by separate written agreement. However, Em Jay’s cannot guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. BY SENDING ANY SENSITIVE INFORMATION OVER THE INTERNET IN CONNECTION WITH YOUR USE OF THE SERVICE, YOU AGREE THAT EM JAY’S WILL NOT HAVE ANY LIABILITY IF THE APPLICABLE ENCRYPTION TECHNOLOGY FAILS TO PROTECT YOUR INFORMATION.
Em Jay’s may make discounts and “free shipping” promotions available on certain items or in certain circumstances. Discounts and promotions are governed by these Terms of Use and any additional terms and conditions set out by Em Jay’s applicable to the particular discount or promotion. By participating in our discount or promotions programs, you signify your agreement and acceptance of these Terms of Use and any additional terms and conditions applicable to such discounts or promotions.
Please do not Distribute User Content on or through the Service. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We, therefore, ask that you not Distribute any User Content.
If you do Distribute User Content on or through the Service, all right, title and interest in the User Content shall be deemed the sole exclusive property of Em Jay’s. When you Distribute User Content, you assign and transfer and/or shall cause the assignment and transfer over to Em Jay’s of any right, title, and interest, worldwide, you may have or may in the future acquire in and to the User Content, without any remuneration. You agree, at the request of Em Jay’s, to do or to cause all lawful acts to secure and protect Em Jay’s rights and interests in the User Content, without any compensation, but without expense to you, and you agree, when requested by Em Jay’s, to execute, acknowledge and deliver to Em Jay’s, without compensation but without expense to you, any and all instruments, assignments, waivers, and documents relating thereto. You waive all of your moral rights in the User Content that you make available on or through the Service in favour of Em Jay’s.
When you Distribute User Content on or through the Service, you represent and warrant: (1) that you own or otherwise control all of the rights to the User Content or that you otherwise have obtained all rights and consents that are necessary to transfer ownership of the User Content to Em Jay’s; (2) that the User Content is accurate; (3) that use and Distribution of the User Content will not infringe the rights of any third party and will not otherwise cause injury to any person or entity; (4) that you will immediately notify us of any User Content that does not comply with these Terms of Use or may infringe the rights of a third party or third parties; and (5) that the User Content is original to you and that no other party has any rights thereto.
YOU AGREE TO INDEMNIFY EM JAY’S FOR ALL CLAIMS BROUGHT BY A THIRD PARTY AGAINST EM JAY’S ARISING OUT OF YOUR USER CONTENT, INCLUDING ANY CLAIM IN RESPECT OF INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR A CLAIM ARISING OUT OF OR IN CONNECTION WITH A BREACH OF ANY OF THE ABOVE REPRESENTATIONS AND WARRANTIES. EM JAY’S TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT DISTRIBUTED BY YOU OR ANY THIRD PARTY.
Em Jay’s considers any User Content Distributed on or through the Service to be non-confidential, and Em Jay’s shall not be liable for the disclosure or use of such User Content. If, at Em Jay’s request, you send User Content to improve the Service, Em Jay’s will also consider that User Content to be non-confidential, and Em Jay’s will not be liable for the use or disclosure of the User Content. Any communication by you to Em Jay’s is subject to these Terms of Use.
If applicable, Em Jay’s shall have the right but not the obligation to monitor, edit, refuse to post, or remove any User Content. Without limiting the foregoing, Em Jay’s shall have the right to remove any material that Em Jay’s, in its sole discretion, finds to be in violation of the provisions of these Terms of Use, or otherwise objectionable. Although Em Jay’s reserves the right to remove, without notice, any User Content for any reason, Em Jay’s has no obligation to delete User Content that you may find objectionable or offensive.
You agree that you will be personally responsible for your use of the Service and for all of your communication and activity in using the Service, including any User Content you contribute. YOU AGREE AT ALL TIMES TO INDEMNIFY, DEFEND AND HOLD EM JAY’S HARMLESS FROM ANY AND ALL LIABILITY OR DAMAGES ARISING FROM YOUR CONDUCT ON THE SERVICE, INCLUDING ANY USER CONTENT THAT YOU CONTRIBUTE AND/OR INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
As a condition of using the Service, you agree to all of the following:
While the Service may contain links to external sites or resources, Em Jay’s is not responsible for the content of any of the linked external sites or resources. Em Jay’s provides these links as a convenience. EM JAY’S DOES NOT ENDORSE ANY EXTERNAL SITE OR RESOURCE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR ITS CONTENT, PRODUCTS, SERVICES, ACCURACY, AUTHENTICITY, TIMELINESS OR COMPLETENESS. You access these linked external sites and resources at your own risk. You may find some content to be offensive, harmful, inaccurate, or deceptive. You agree that Em Jay’s shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any such external sites or resources.
The Service may contain the opinions, advice, statements and views of other users. Given the interactive nature of the Service, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. Any opinions, advice, statements and views expressed or made available by third parties, including registered users and users, are those of the respective author(s) or distributor(s) and not of Em Jay’s. EM JAY’S NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT OR VIEW MADE ON THE SERVICE BY ANYONE OTHER THAN AUTHORIZED EM JAY’S EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AGREE THAT THE SERVICE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY EM JAY’S ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU FURTHER AGREE THAT YOUR USE OF THE SERVICE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE BY EM JAY’S SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, EM JAY’S DISCLAIMS ALL WARRANTIES, CONDITIONS, GUARANTEES AND/OR REPRESENTATIONS, EXPRESS, STATUTORY OR IMPLIED, IN CONNECTION WITH THE SERVICE, THE USER CONTENT, THE SITES AND RESOURCES LINKED TO THE SERVICE, ALL PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY, CONDITION, GUARANTEE AND/OR REPRESENTATION OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, PERFORMANCE, QUALITY, NON-INFRINGEMENT, SECURITY, ACCURACY, COMPLETENESS, SUITABILITY OR ANY IMPLIED WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
EM JAY’S MAKES NO WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATIONS ABOUT THE TRUTHFULNESS, ACCURACY OR COMPLETENESS OF THE USER CONTENT, THE SERVICE AND/OR THE CONTENT OF ANY SITES OR RESOURCES LINKED TO THE SERVICE, OR THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, SECURITY OR SAFETY OF ANY SITES OR RESOURCES LINKED TO THE SERVICE, THE USER CONTENT, THE SERVICE AND/OR THE SERVICES AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, AND EM JAY’S ASSUMES NO LIABILITY OR RESPONSIBILITY THEREOF.
EM JAY’S ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (c) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/OR (e) ANY ERRORS OR OMISSIONS IN THE SERVICE AND USER CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR ACCESS OF THE SERVICE OR USER CONTENT DISTRIBUTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
IN NO EVENT SHALL EM JAY’S BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO (a) PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE; (b) THE SERVICE AND YOUR ACCESS AND USE THEREOF; (c) THE USER CONTENT; (d) THE SITES AND RESOURCES LINKED TO THE SERVICE; AND (e) THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY EM JAY’S OR ANY PERSON FOR WHOM EM JAY’S IS RESPONSIBLE, AND EVEN IF EM JAY’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE LIABILITY OF EM JAY’S SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOU HAVE SOLE RESPONSIBILITY FOR ANY DECISIONS YOU MAKE BASED ON INFORMATION CONTAINED IN THE SERVICE. IF YOU USE THE SERVICE, YOU ARE AGREEING THAT THIS LIMITATION OF LIABILITY IS REASONABLE AND IN KEEPING WITH THE NATURE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EM JAY’S IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
EM JAY’S WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR ANY THIRD-PARTY MAY SUFFER AS A RESULT OF THE TRANSMISSION, STORAGE OR RECEIPT OF CONFIDENTIAL OR PROPRIETARY INFORMATION THAT YOU MAKE OR THAT YOU EXPRESSLY OR IMPLICITLY AUTHORIZE EM JAY’S TO MAKE, OR FOR ANY ERRORS OR ANY CHANGES MADE TO ANY TRANSMITTED, STORED OR RECEIVED INFORMATION.
EM JAY’STOTAL LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO EM JAY’S IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (B) $50 CANADIAN DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM EM JAY’S SHALL CREATE ANY WARRANTY.
YOU AND EM JAY’S AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE, ANY PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, THE USER CONTENT, YOUR ACCESS AND USE OF THE SERVICE, ANY SITES OR RESOURCES LINKED TO THE SERVICE OR THESE TERMS OF USE, MUST COMMENCE AND BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO INDEMNIFY AND HOLD EM JAY’S HARMLESS FROM AND AGAINST ANY AND ALL ACTIONS, CLAIMS, PROCEEDINGS, COSTS, DAMAGES, DEMANDS, LIABILITIES, EXPENSES OR TAX ASSESSMENTS, WHATSOEVER, INCLUDING REASONABLE LEGAL FEES AND DISBURSEMENTS, ARISING OUT OF, SUSTAINED, INCURRED OR PAID BY US, DIRECTLY OR INDIRECTLY, IN RESPECT OF (a) YOUR USE AND ACCESS OF THE SERVICE; (b) YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS OF USE; (c) YOUR USE OF ANY SITES OR RESOURCES LINKED TO THE SERVICE; YOUR ACTUAL OR ALLEGED INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT OR PASSWORD, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY; (e) ANY USER CONTENT YOU DISTRIBUTE ON OR THROUGH THE SERVICE OR WHICH IS SENT TO US BY E-MAIL OR OTHER CORRESPONDENCE; AND/OR (f) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY APPLICABLE LAWS, RULES, REGULATIONS OR RIGHTS OF ANOTHER.
Em Jay’s collects, uses and discloses users’ personal information in accordance with its Privacy Policy. Em Jay’s Privacy Policy may be changed from time to time by Em Jay’s in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Service. By accepting these Terms of Use, and each time you use the Service, you consent to the collection, use and disclosure of your personal information by Em Jay’s in accordance with the Privacy Policy as it then reads.
These Terms of Use is governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regards to its principles of conflicts of law. Subject to the obligation to arbitrate below, you agree to personal jurisdiction of the courts located in located in Toronto, Ontario, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
You agree to waive any right that you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Em Jay’s related to the Service, the User Content, these Terms of Use, any sites or resources linked to the Service and/or the products and services included on or otherwise made available to you through the Service. You also agree to opt out of any class proceedings against Em Jay’s.
You consent to the exchange of information and documents between you and Em Jay’s electronically over the internet or by email. You agree that this electronic agreement shall be equivalent of a written paper agreement between you and Em Jay’s.
Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this Section. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service. Some jurisdictions may have restrictions on the use of the internet by their residents. You agree not to impersonate another person in your use of the Service or the sending of any e-mail to an address listed on the Website.
Notwithstanding any other provision of these Terms of Use and without prejudice to any other rights we may have, Em Jay’s may, in its discretion and for its convenience, at any time, change, discontinue, delete, deactivate, modify, restrict, suspend or terminate, immediately, temporarily or permanently, these Terms of Use, your password, your account, the User Content and/or the Service, or any part thereof, without any notice or liability to you or any other person, for any reason.
If we terminate your account, your right to use the Service will immediately cease. You may terminate your account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. If you do not comply with these Terms of Use at any time, Em Jay’s reserves the right to immediately suspend or terminate your access to the Service, or any part thereof, and/or your account, if any.
If these Terms of Use or your permission to access or use all or any part of the Service is terminated for any reason, then these Terms of Use and all other existing transaction agreements between you and Em Jay’s will continue to apply and be binding upon you regarding your prior access to and use of the Service, and anything connected with, relating to or arising therefrom. You agree that Em Jay’s shall not be liable to you or any third-party for any termination of your access and use to the Service or any part thereof.
Any such termination by Em Jay’s shall be in addition to and without prejudice to such rights and remedies as may be available to Em Jay’s, including injunction and other equitable remedies.
All provisions of these Terms of Use will survive termination or expiry of these Terms of Use, including without limitation, the disclaimers, limitations on liability, warranties, representations, ownership, termination, interpretation, intellectual property and indemnity provisions of these Terms of Use.
(a) Entire Agreement
These Terms of Use, as they may be amended from time to time in accordance with the provisions of these Terms of Use, and all other existing transaction agreements between you and Em Jay’s constitute and contains the entire agreement between you and Em Jay’s with respect to your use of the Service and with respect to the subject matter hereof and supersedes any prior oral or written agreements. In the event of a conflict between these Terms of Use and any policies, rules or procedures posted on the Service, these Terms of Use will prevail.
(b) Relationship
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.
(c) Assignment and Inurement
Em Jay’s may assign these Terms of Use to any third party. These Terms of Use cannot be assigned or transferred, in whole or in part, by you. These Terms of Use will inure to the benefit of and be binding upon each of you and Em Jay’s and our respective heirs, executors, personal representatives, successors and permitted assigns.
(d) No Waiver
No waiver of any provision of these Terms of Use shall be binding on Em Jay’s unless executed by Em Jay’s in writing. No waiver of any of the provisions of these Terms of Use shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. The failure of Em Jay’s to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
(e) Severability
Any provision of these Terms of Use which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of these Terms of Use or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
(f) Headings
All article or section headings are for reference and convenience only and shall not be considered in the interpretation of this Agreement.
(g) Unsolicited Commercial Electronic Messages
The inclusion of any email addresses on the Service does not constitute consent to receiving unsolicited commercial electronic messages or SPAM.
(h) Currency
All references to money amounts in these Terms of Use, unless otherwise specified, are in Canadian dollars.
(i) Read and Understood
I have read and accept the terms and conditions in these Terms of Use.
If you have any questions, concerns or comments, please contact us at:
Mailing Address: EM JAY’S INC. 5160 Dundas St. West. Etobicoke, Ontario.
E-mail: info@emjays.ca
© Copyright (2020) EM JAY’S INC. All rights reserved.
