Please read the terms and conditions ("Terms") set out below carefully. They govern your use of: the Ethan Alexander Shulman("Us", "We") xaloez.com website and other software or content("System").
By using the System you have agreed to be bound by these Terms as they then read. We may modify these Terms at any time by making available through the System a new version of them. You must not use any part of the System after these revised Terms have been posted unless you agree to be bound by the revised Terms and your continued use of the System after revised Terms have been posted constitutes your acceptance of the revisions to those terms.
1. Use of the System.
The System (including all content, graphics, and other intellectual property and elements incorporated into the System) is the property of Ethan Alexander Shulman and/or others, and is protected by all international copyright, trademark and other laws. Your use of the System does not transfer to you any ownership nor create any other rights in the System or its content. You may be denied or restricted access to the System at anytime.
The System may not be used for unlawful or commercial purposes; it is for your lawful, personal use only. You must not use the System except as expressly permitted in these Terms. You must comply with all applicable laws. The System and its content may not be copied, reproduced, modified, disassembled, decompiled or distributed in any way without the express prior written consent of Us. You must not sell or resell any part of the System or access to it. You must not use any part of the System except in accordance with these Terms.
2. Information must be accurate
You must ensure that all information provided to Us through the System (including registration information, payment information, and transaction-related information) is true, accurate and complete. You are solely responsible and liable for any and all loss, damage, and additional costs that you, Us or any other person incur as a result of any false, incorrect or incomplete information provided by you.
To the extent permitted by law, We may at any time, without any prior notice or liability to any person: (a) correct any error, inaccuracy or omission; (b) change the content available through the System; (c) reject, correct, cancel or terminate any order, including accepted orders, for any reason.
3. Billing, payment and other subscriptions
When you provide credit card information to Us, you represent to Us that you are the authorized user of the credit card and authorize Us to charge your credit card for any Subscription or other fees incurred through your use of the System (whether or not authorised by you). For recurring monthly subscriptions, each month that the subscription remains current, you agree and reaffirm that We are authorized to charge your credit card for the relevant fee. You must notify Us promptly of any changes to your credit card account number, its expiration date and/or your billing address, and you must notify Us promptly if your credit card expires or is cancelled for any reason. We may suspend the provision of services under this Agreement during any time there is no valid credit card.
You must not cause any chargeback of any purchase you make through the System without having reasonable cause and explaining that cause to Us.
ALL FEES ARE PAYABLE IN ADVANCE. WE DO NOT GIVE REFUNDS IF YOU CHANGE YOUR MIND.
Ethan Alexander Shulman and other names and logos that are displayed through the System (the "Marks") are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Ethan Alexander Shulman or their respective owners or licensees. Any use of the Marks (other than as permitted by these Terms) is prohibited. Nothing in the System shall grant, or is intended to grant, any license or right to use any of the Marks.
5. Disclaimers, liability exclusions/limitations on liability and indemnity
A. Disclaimers Your access to and use of the System is at your own risk. Subject to this clause 9, to the fullest extent permitted by law the System is provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express 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.
B. Liability exclusions Subject to this clause 9, Ethan Alexander Shulman 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 System or these conditions 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 of law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Us or any person for whom We are responsible, and even if We have been advised of the possibility of such loss or damage being incurred.
C. Warranty exclusions, liability To the extent permitted by law Ethan Alexander Shulman excludes all implied warranties in relation to the supply of any goods or services through the System. To the extent permitted by law, Ethan Alexander Shulman limits its liability for the breach of any warranty to (at its option): a refund; the resupply of the relevant good or service; or the payment of the cost of the resupply of the good or service. Subject to Ethan Alexander Shulman's obligations in relation to a breach of such a warranty, to the extent permitted by law Ethan Alexander Shulman's total aggregate liability for all loss or damage arising out of this Agreement or the relationship contemplated by it is limited to the total amount of all fees received from you by Us in the first twelve months following the commencement of this Agreement.
D. NO GUARANTEES. WE DO NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE SYSTEM.
5. Links to other websites/resources The System may include links to other Internet websites or resources, and to businesses operated by other persons. These other websites are not operated or controlled by Us. Accordingly, We are not responsible for, and will have no liability for, these other websites, their business, goods, services, or content. If you link to or use any of these other websites, your dealings with the owners or operators of these websites is at your own risk, and you agree that you will not make any claim against Us arising from your use of any of these other websites.
6. Governing law and dispute resolution
These Terms, your access to and use of the System, and all related matters are governed solely by the laws of Victoria, Australia and applicable federal laws of Australia. Any dispute between you and Ethan Alexander Shulman or any other person arising from, connected with or relating to the System, these Terms, or any related matters (collectively "Disputes") must be resolved before the provincial or federal courts in the City of Toronto, Ontario, and you hereby irrevocably submit to the original and exclusive jurisdiction and venue of those courts in respect of all Disputes.
7. Other matters
If any provision of these Terms is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms and the remaining provisions will continue in full force and effect.
These Terms ensure to the benefit of and are binding upon each of Us and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign any rights or obligations that you have under these Terms. Ethan Alexander Shulman may assign its rights and obligations under these Terms without your consent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
Any rights not expressly granted by these Terms are reserved to Ethan Alexander Shulman.
8. Contact information