WEBSITE TERMS AND CONDITIONS
Vexxit Inc. (referred to below as "Company", "Us" or "We") provides the https://vexxit.com/ website and various related services (collectively, the "Platform") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms"), as well as any other written agreement between us and you. In addition, when using particular services or materials on the Platform, users shall be subject to any posted rules or guidelines applicable to such services or materials, which may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are hereby incorporated by reference into these Terms. BY ACCESSING OR USING THE PLATFORM YOU AGREE TO BE BOUND BY THESE TERMS.
You may use the Platform only if you are legally able to form a binding contract in Manitoba, Canada or in your jurisdiction. If you are accepting the Terms on behalf of a corporation or other legal entity, you represent and warrant that you are authorized to do so.
As used in these Terms, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, employees, agents, licensors, licensees, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Platform and/or its contents.
We reserve the right, in our sole discretion, to either modify or discontinue the Platform, including any of the related features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the Platform shall also be subject to these Terms.
The services and information described in this Platform are available only in jurisdictions where they may be legally provided. Where services are available, they will be provided in accordance with additional terms and conditions.
As a condition to using certain aspects of the Platform, you may be required to register an account with the Company and select a username and password. Should you register an account, you shall provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account password.
For greater certainty, these Terms apply to anyone who accesses or uses the Platform, regardless of registration or subscription status.
You are solely responsible for your use of the Platform and any content you submit as part of your use of the Platform.
When using the Platform, you agree to abide by the following standards:
You will obey all applicable laws and regulations;
You will not misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
You will not submit any content (privately or publically) via forms on the Platform or to emails published on the Platform that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals for any reason, including on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and/or
impersonates any person or entity, including any of our employees or representatives.
In addition, you agree as follows with respect to your use of the Platform:
not to alter or modify any part of the Platform;
not to bypass, disable or otherwise interfere with any security-related features of the Platform or features that prevent or restrict use or copying of any Platform content or enforce limitations on use of the Platform or the Platform content;
not to take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company's (or its third party providers') infrastructure;
not to use or launch any system that accesses the Platform automatically or to install or transmit any computer program or software on or via the Platform;
to act in a respectful and conscientious manner when using the Platform;
not to use the communication systems provided by the Platform for any commercial solicitation purposes, except for as expressly permitted by the Company;
not to solicit, for commercial purposes, any users of the Platform;
that you are not entitled to remuneration or compensation of any kind from us for your use of the Platform; and
not to use the Platform for any commercial purpose not intended to be allowed by the Platform without our prior written consent, including but not limited to:
the sale of access to the Platform;
the sale of advertising, sponsorships, or promotions placed on or within the Platform or its content; and/or
the sale of advertising, sponsorships, or promotions on any page of an adenabled blog or website containing Platform content (other than your user content) delivered via the Platform, unless other material not obtained from us appears on the same page and is of sufficient value to be the basis for such sales.
We neither endorse nor assume any liability for the contents of any material on the Platform, including material uploaded or submitted by third party users of the Platform.
You may not use your account or the Platform to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Platform may be available to you or other authorized users of the Platform. You shall not interfere with anyone else's use and enjoyment of the Platform or other similar services. Users who violate systems or network security may incur criminal or civil liability.
YOUR FAILURE TO COMPLY WITH ANY OF THE ABOVE CONDITIONS AND RESTRICTIONS OF USE CONSTITUTES GROUNDS FOR US TO IMMEDIATELY, AND IN OUR SOLE DISCRETION, TERMINATE YOUR ACCESS TO AND USE OF THE PLATFORM AND ITS CONTENTS. You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with the Platform without prior notice to you for violating any of the above provisions. IN SUCH EVENT, WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR YOUR FAILURE TO COMPLY WITH THE TERMS OR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM YOUR USE OF THE PLATFORM, NOR FOR ANY INTERRUPTION OR TERMINATION OF YOUR ACCESS OR USE OF THE PLATFORM.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at the Platform, including without limitation cooperating with law enforcement authorities in investigating suspected criminal violations.
While using the Platform, you will have access to: (i) content that you upload or provide while using the Platform (“Your Content”); (ii) content that other users upload or provide while using the Platform (“Member Content”); and (iii) content that We provide on and through the Platform (“Our Content”). For greater certainty, “content” means all text, images, video, audio, or other material on the Platform, including information on users’ profiles and in direct messages between users.
You are solely responsible for Your Content, including ensuring that Your Content is relevant to the intended use of the Platform. You represent and warrant to Us that the information you provide to Us or any other user is accurate, and that you will update your account information as necessary to ensure its accuracy.
You acknowledge and agree that Your Content may be viewed by other users and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant that you have all necessary rights and licenses to do so and automatically grant the Company a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify and distribute Your Content, in whole or in part. You understand and agree that We may monitor or review Your Content, and we have the right to remove, delete, edit, limit, block, or prevent access to any of Your Content at any time in our sole discretion. Further, you acknowledge and agree that the Company has no obligation to display or review Your Content.
Other users will also share content on the Platform. Member Content belongs to the user who posted the content and is stored on the Company’s servers and displayed at the direction of that user. You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with the purposes of the Platform.
Any other information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the Platform, and other intellectual property appearing on the Platform, is owned, controlled or licensed by the Company and protected by intellectual property rights. All right, title and interest in and to Our Content remains with the Company at all times.
You agree that the Company may access, preserve, and disclose your account information, including Your Content, if required to do so by law, or upon a good faith belief that such access, preservation or disclosure is reasonably necessary to company with legal process, enforce these Terms, respond to claims that any content violates the rights of third parties, or protect the rights, property and personal safety of the Company or any person.
For greater certainty, your personal information and contact information is not provided to any other users unless you have specifically agreed to do so.
The Company shall own all aggregated data which may be derived by the Company from multiple users’ use of the Platform, including, without limitation, usage statistics and other reports and information, with respect to which the Company has taken commercially reasonable precautions to ensure that no individual, particular transaction or entity can be identified (the "Aggregated Data"). Nothing herein shall limit the Company from utilizing Aggregated Data for its business purposes or from sharing Aggregated Data with third parties, provided that: (i) such use will not reveal your identity, and (ii) that any third parties receiving Aggregated Data from the Company will agree to take the same care to safeguard the Platform and the confidential information of the Company as it takes to safeguard its own confidential information and this care shall not be any less than would be taken by a reasonable company to safeguard its own information. For greater certainty, the Aggregated Data does not include any personal information.
You agree to pay the prices displayed to you for your use of the Platform as well as any sales or similar taxes that may be imposed on your payments, and you authorize the Company to charge the payment method you provide. If your account membership category includes an automatically renewing subscription, your payment method will continue to be periodically charged for your use of the Platform until you terminate your subscription.
You may edit your payment method information at any time. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any outstanding amounts and authorize the Company to continue billing the payment method, as it may be updated. This may result in a change to your billing dates.
If you are dissatisfied with the Platform or these Terms, your sole and exclusive remedy is to discontinue using the Platform.
You agree that we may, in our sole discretion, terminate or suspend your account or your access to all or part of the Platform with or without notice and for any reason including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for termination and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Platform immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
The Company cannot guarantee and does not promise any specific results from use of the Platform. The material on the Platform is provided solely for general information purposes and does not constitute professional advice of any nature and does not constitute an offer to buy or sell any goods or services.
THE PLATFORM AND ALL MATERIALS ON THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM AND MATERIALS WILL MEET YOUR REQUIREMENTS OR BE FIT FOR YOUR PURPOSE OR PARTICULAR USE, (B) YOUR USE OF OR ACCESS TO THE PLATFORM AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE PLATFORM FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE PLATFORM AND THE MATERIALS ON THE PLATFORM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE PLATFORM OR THE MATERIALS ON THE PLATFORM MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THE PLATFORM OR SUCH MATERIALS.
THE PLATFORM COULD INCLUDE BUGS, VIRUSES, TROJAN HORSES, OR OTHER DAMAGING OR MALICIOUS COMPUTER PROGRAMS OR SOFTWARE, AND THE PLATFORM PROVIDED COULD BE INTERRUPTED OR CEASED FROM TIME TO TIME. THE USE OF THE PLATFORM OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH THREATS OR ACTIVITIES.
Through your use of the Platform, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and/or services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.
Content available through the Platform often represents the opinions and judgments of an information provider, Platform user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized the Company spokesperson speaking in his/her official capacity. You understand and agree that temporary interruptions of the services available through the Platform may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Platform, and therefore, delays and disruption of other network transmissions are completely beyond our control.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR OF ANY WEBSITES REFERENCED OR LINKED TO FROM THE PLATFORM.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN THE EVENT THAT ANY CLAIM OR LIABILITY ARISES AGAINST US, OUR AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE PLATFORM AND/OR RELATED PLATFORM OR ANY OTHER CIRCUMSTANCE GIVING RISE TO LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL NOT EXCEED $50.
The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gains access to the Platform; what content you access via the Platform; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release the Company from all liability for you having acquired or not acquired content through the Platform.
UPON A REQUEST BY US, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING SOLICITOR-CLIENT COSTS ON A FULL INDEMNITY BASIS, THAT ARISE FROM YOUR USE OR MISUSE OF THE PLATFORM, YOUR VIOLATION OF ANY OF THE TERMS, YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT, OR ANY CLAIM THAT YOUR CONTENT CAUSED INFRINGEMENT OR OTHER DAMAGE TO A THIRD PARTY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE PLATFORM.
Although the Platform may be accessible worldwide, we make no representation that materials on this Platform are appropriate or available for use in locations outside Canada, and accessing them from territories or jurisdictions where their contents are illegal is prohibited. Those who choose to access the Platform from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Platform is void where prohibited.
The Platform (excluding any linked site) is controlled by us from our offices within Manitoba, Canada. It can be accessed from all Canadian Provinces and Territories, as well as from other countries around the world. As each of these places has laws that may differ from those of Manitoba, by accessing this Platform you agree with us that the statutes and laws of the Province of Manitoba, without regard to any conflicts of laws principles or any other legislation of any other jurisdiction, will apply to all matters relating to the use of the Platform and the purchase of products and services available through the Platform. You agree to submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the Province of Manitoba for all matters arising from your use of the Platform.
Unless otherwise provided herein, these Terms constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Platform is in conflict or inconsistent with these Terms, these Terms shall take precedence.
Any cause of action brought by you against us or our Affiliates must be instituted within two years after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Platform, or use of or access to the Platform.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that or any other right or provision.
These Terms are effective as of January 22, 2020. We reserve the right to change these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Platform and these Terms from time to time, and to familiarize yourself with any modifications or revisions that may be made. Your continued use of the Platform after such modifications or revisions will constitute your acknowledgement of the modified Terms, and your agreement to abide and be bound by the modified Terms.
You can contact us at Vexxit Inc., Winnipeg, Manitoba. Email: email@example.com.