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Terms and Conditions Last Updated: 02/17/2006 This web site is provided for your information and entertainment, and we hope you enjoy using it. Please be aware that your use of the web site is subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this web site. Ownership and operation: This web site belongs to SlimZone Health Supplements, a division of Sharper Innovations, Inc. Canada. For more information on sharper Innovations, click here (link to About Us). Continuing Agreement We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the web site to keep up to date with the current terms regarding your use of the web site. Your use of the web site reaffirms your continuing agreement to the then-current Terms of Use. While Sharper Innovations Inc. uses reasonable efforts to include accurate and up-to-date information in the Site, Sharper Innovations Inc. makes no warranties or representations as to its accuracy. Sharper Innovations Inc. assumes no liability or responsibility for any errors or omissions in the content of the Site. Copyrighted material All of the information, content, and materials on this site are copyrighted. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials. All right, title and interest in and to the SlimZone site is and will remain the exclusive property of SlimZone and Sharper Innovations. The site is protected by copyright, trademark and other laws of both Canada, United States and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site, on or in connection with, any other website, for any purpose. Privacy policy When you create an account with SlimZone, you need to provide some personal information, such as your name, email address, and mailing address. We protect and use this information as set forth in our Privacy Policy. For information on our privacy policy click here. (RAMON - BUTTON OR LINK TO PRIVACY POLICY) Indemnification You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights. SUBMISSIONS All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to SlimZone or Sharper Innovations through this web site will become and remain the exclusive property of SlimZone and Sharper Innovations Inc., including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge Sharper Innovations unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means Sharper Innovations has no obligation to keep your submissions confidential. LIMITATION OF LIABILITY Under no circumstances shall Sharper Innovations be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the web site or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the website or information available in the web site. Sharper Innovations shall not be liable even if Sharper Innovations has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component. APPLICABLE LAW AND JURISDICTION These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of British Columbia, Canada, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the provincial courts of British Columbia, Canada and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use. Miscellaneous We may assign our rights and responsibilities hereunder without notice to you. All items purchased through Sharper Innovations are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier. When you place an order, Sharper Innovations will not bill you until we ship the items ordered. Sharper Innovations does not endorse content on any third-party websites. Sharper Innovations Inc. is not responsible for content of linked third-party sites or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Copyright © 2006 Sharper Innovations Inc. All rights reserved. --------------------------------- If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service. The failure of Sharper Innovations to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
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