This Agreement is between you and all persons you represent (including natural persons and any type of incorporated or unincorporated entity, herein known as "the user") and "Mod Products Inc." (herein known as "Mod Products"), regarding the access and use of the Mod Products Website, including all content, information, products and services available on or through the Mod Products Website.
With every visit to the Mod Products Website, you signify your acceptance of the terms and to be bound by this Agreement as it reads at the time of the visit, and by visiting the Mod Products Website you represent and warrant that you, the user have the legal authority to agree to and accept this Agreement. If you do not or cannot agree with each provision of this Agreement, you may not access or use the Mod Products Website.
This Agreement, your access to and use of the Mod Products Website, and all related matters are governed solely by the laws of Alberta and applicable federal laws of Canada. Any dispute between you and Mod Products or any other person arising from, connected with or relating to the Mod Products Website, this Agreement, or any related matters (collectively "disputes") will be resolved before the Courts of Alberta, sitting in the City of Calgary, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all disputes.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect.
This Agreement is in addition to any other agreement you may have with Mod Products.
You the user, can use the Mod Products Website only if you are a legal resident of Canada, have reached the age of majority in the province or territory where you live and can form legally binding contracts under applicable law. You may not use the Mod Products Website if doing so in your jurisdiction may be considered illegal or prohibited. It is your sole responsibility to determine whether your use of the Mod Products Website is lawful, and you must comply with all applicable laws. Mod Products reserves the right to request proof of age and identification and will only ship to a confirmed address located within Canada.
Displaying the Mod Products Website from within a frame or iframe is also strictly prohibited.
Copying, distributing, mirroring, scraping or data mining of the Mod Products Website or any of its content is strictly prohibited.
For certain parts of the Mod Products Website you will be required to have/create a customer profile with a username and password, this profile will remain the property of Mod Products and may be cancelled or suspended at any time and for any reason by Mod Products at its discretion without any notice or liability to you or any other persons.
Mod Products is not responsible for verifying the actual identity or authority of any person using your customer profile on the Mod Products Website.
You are fully responsible for the security of any usernames or passwords associated with your customer profile and any and all use or misuse of your profile or the information contained within.
All personal information submitted to the Mod Products Website must be true, accurate, current and complete. Mod Products will rely on the information you submit. You will be solely responsible for and liable for any damage, loss or additional costs as a result of any false, incorrect, incomplete or out of date information.
Any and all information submitted to Mod Products or the Mod Products Website shall automatically grant (or warrant that the owner of the submission grants) to Mod Products a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the submissions or any ideas, concepts, know-how or techniques related to the submissions for any purpose whatsoever without providing any compensation to you the user, or any other persons.
At the sole discretion of Mod Products, this Agreement may be changed and/or updated at any time. By using the Mod Products Website after this revised agreement has been posted, you signify your acceptance and agreement to be bound by the revised agreement. You, the user, may not change or amend this Agreement in any way whatsoever.
Mod Products strives to ensure the accuracy of all information on the Mod Products Website. However, errors, misprints, inaccuracies, omissions and other errors may occur.
Mod Products does not take responsibility for any errors, misprints, inaccuracies, omissions or any other inaccuracies in any part of the Mod Products Website, including but not limited to product pricing, product information/specifications, or item availability.
Mod Products reserves the right to correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other persons.
Mod Products reserves the right to change or update any products or services and any information related to those products or services at any time without prior notice or liability to you or any other persons.
Mod Products Inc. ® the Mod Products logo, and other names and logos appearing on or in connection with the Mod Products Website (the "marks") are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Mod Products or their respective owners or licensees.
Any use of the marks, except as provided in this Agreement, is strictly prohibited. Nothing appearing on the Mod Products Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the marks.
Access to and use of the Mod Products Website is at your own risk. The Mod Products Website is provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether assumed or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by Mod Products to the fullest extent permitted by law.
Mod Products and its providers will never 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 the Mod Products Website or this Agreement 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 Mod Products or any person for whom Mod Products is responsible, and even if Mod Products has been advised of the possibility of such loss or damage being incurred.
The exclusion of certain warranties and the limitation of certain liabilities are prohibited in some jurisdictions. These statutory prohibitions may apply to you.
Every effort is made to keep the Mod Products Website up and running smoothly. However, Mod Products takes no responsibility for, and will not be liable for, the Mod Website being temporarily unavailable due to technical issues beyond our control.