2. DESCRIPTION OF PRODUCT
Stamet Tech produces and sells the Maya Cycle, a high quality universal one-wheel bicycle cargo trailer which can be converted into a wheelbarrow, and other related products (the “Products”).
By creating a user account or by providing personal information about yourself to Stamet Tech, you are designating yourself as a “Customer”. “Customers” are entities that are potentially interested in purchasing the Products provided by or through the Website.
4. USER REGISTRATION AND ACCOUNT OBLIGATIONS
In consideration of your use of the Website, you may have to create an account through the registration process. You agree to:
a) provide true, accurate, current and complete information about yourself as prompted by the registration form provided on the Website (such information being the “Registration Data” or “Profile Data”); and
b) maintain and promptly update the Registration Data or Profile Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Stamet Tech has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Stamet Tech has the right to suspend or terminate your user account and refuse any and all current or future use of the Products provided by the Website.
If applicable, you will receive an account designation, along with its associated User ID and Password, upon completing the registration process and upon approval by Stamet Tech. You are responsible for maintaining the confidentiality of your user ID and password, and you are fully responsible for all activities that occur under your account. You agree to immediately notify Stamet Tech of any unauthorized use of your account or any other breach of security and to ensure that you exit from your account at the end of each session. Stamet Tech cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. USER CONDUCT
You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Stamet Tech’s express prior approval, contains advertising or any solicitation with respect to goods or services. In addition, you shall not, and shall not allow any third party to:
a) violate any local, provincial, national or international laws;
b) use the Website in any manner that could damage, disable, overburden, or impair the Website or another Customer’s use of the Website;
c) introduce any material into the Website that contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere with, or appropriate the Website or any information residing on the Website. If you use, or attempt to use, the Website for improper purposes including without limitation tampering, hacking, modifying, or otherwise corrupting the security of the Website, you will be responsible for all damages including, but not limited to, criminal prosecution and civil and criminal penalties;
d) remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Website, the Products, or Stamet Tech code embeddable or embedded on a third party website;
e) collect any information about other Customers (including usernames and/or email addresses) for any purposes;
f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
g) create or transmit unwanted electronic communications such as “spam” to other Customers or otherwise interfere with other Customers’ enjoyment of the Website and/or Products.
If Stamet Tech feels that a Customer abuses the Website in any way, we reserve the right to share certain information with third parties. Abuses include (but are not limited to) possible copyright infringement, possible libel and slander, and possible credit card fraud.
Fees posted on the Website are accurate only as of the date posted, and are subject to change. For up-to-date pricing and refund information, please contact [email protected].
7. STAMET TECH PROPRIETARY RIGHTS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that all Content contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trade-marks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Stamet Tech or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Products, in whole or in part.
8. WEBSITE CONTENT
You understand that all Content on the Website is the sole responsibility of the person from whom such Content originated. Under no circumstances will Stamet Tech be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Stamet Tech.
You are solely responsible for the retrieval and use of the Content available on or through the Website. You should apply your own judgment in making use of the Content, including, without limitation, the use of the Content as the basis for any conclusions or for the sale or purchase of any products or services or other transactions.
9. THIRD PARTY CONTENT
Stamet Tech may provide links to other websites or resources. Because Stamet Tech has no control over such websites and resources, you acknowledge and agree that Stamet Tech is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Stamet Tech shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by, or in connection with, the use of or reliance on any such content, goods or services available on or through any such website or resource.
10. DEALINGS WITH THIRD PARTY RETAILERS
Stamet Tech may make its Products available through third party retailers (“Third Party Retailers”). Your correspondence or business dealings with, or participation in the promotions of, Third Party Retailers found through the Website, including payment and delivery of the Products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party Retailers. You agree that Stamet Tech shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Third Party Retailers on the Website. If a situation arises from a disputed transaction between you and the Third Party Retailers, Stamet Tech cannot and will not become involved due to the fact that Stamet Tech has no control over the transaction between you and the Third Party Retailers.
11. TRADE-MARK INFORMATION
Stamettech.com, Mayacycle.com, the Stamet Tech logo, the Maya Cycle logo, and other brand names and logos associated with Stamet Tech are trade-marks of Stamet Tech. All other company names, brand names and logos used on the Website are the trade-marks of their respective owners. You agree not to display or use in any manner any of the trade-marks without express written permission from Stamet Tech or the trade-mark owner.
12. COPYRIGHT INFORMATION
All Content contained on the Website is protected by various copyright laws. You agree not to reproduce, republish or redistribute any Content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us immediately at: [email protected]
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Stamet Tech may establish general practices and limits concerning use of the Website and related services, including, without limitation, the maximum number of days that messages or invoices will be retained by the Stamet Tech, the maximum number of messages that may be sent from or received by a user account, the maximum size of any message that may be sent from or received by a user account, and the maximum disk space that will be allotted on Stamet Tech servers on your behalf. You agree that Stamet Tech has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Website. You acknowledge that Stamet Tech reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Stamet Tech reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
14. TERMINATION OF ACCESS
If you give Stamet Tech feedback about the Products, you are granting Stamet Tech, its affiliated companies and necessary sublicensees permission to use your feedback in connection with the operation of their business, including without limitation, the right to implement any ideas or solutions provided in the feedback into the Products. No compensation will be paid with respect to the use of your feedback.
16. WARRANTY DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND ITS PRODUCTS IS AT YOUR SOLE RISK. THE WEBSITE, THE MATERIALS AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STAMET TECH MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE, THE PRODUCTS OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OR PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, STAMET TECH MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. STAMET TECH WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. UNDER NO CIRCUMSTANCE WILL STAMET TECH BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
17. LIMITATION OF LIABILITY
18. MODIFICATIONS TO PRODUCTS
Stamet Tech reserves the right at any time and from time to time to modify or discontinue providing, temporarily or permanently, any of its Products with or without notice. You agree that Stamet Tech shall not be liable to you or to any third party for any modification, suspension or discontinuance of such Products.
20. GENERAL PROVISIONS
You agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
Any dispute between Stamet Tech and a visitor or Customer of the Website shall be settled by arbitration and shall be final and binding arbitration in accordance with the applicable legislation in force in the province of Ontario and pursuant to the provisions of the Arbitration Act (Ontario), except as such provisions are modified herein. The arbitration proceedings shall be held in Toronto, Ontario and the language of arbitration shall be English. All disputes referred to arbitration shall be governed by the substantive laws of the Province of Ontario and the federal laws of Canada applicable herein. Every award of the arbitrator shall be final and binding on the parties, not subject to appeal. The arbitration shall be kept confidential and the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions and any awards) shall not be disclosed beyond the arbitrator, the parties, their legal counsel, experts and consultants and any person necessary to the conduct of the proceeding. Nothing in this section shall limit the right of any party to seek extraordinary recourses in courts of competent jurisdiction, including, but not limited to, specific performance, seizures before judgment and injunctions, unless the recourse sought is in conflict with a dispute finally resolved in accordance with this section.
22. NO AGENCY
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Stamet Tech or between Stamet Tech and any other user of the Website.
23. ENTIRE AGREEMENT