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Terms of Use
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TERMS OF USE
Welcome to the Cedar Wholesale web site (the "Site").
BEFORE YOU CAN USE THE SITE, YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY
THE FOLLOWING TERMS OF USE, ALL POLICIES AND TERMS INCORPORATED BY REFERENCE,
AND ANY SUBSEQUENT CHANGES TO THE FOREGOING.
By using this Site, you signify your acceptance of these Terms of Use.
If you do not agree with any part of the following Terms of Use, you must not use this Site.
Cedar Wholesale reserves the right to change or modify any of the terms and conditions
contained in the Terms of Use or any policy or guideline of the Site, at any time and
in its sole discretion. Any changes or modification will be effective upon posting of the
revisions and notice of such changes to the Site. Your continued use of this Site
following the posting of its changes or modifications will constitute your acceptance
of such changes or modifications. Therefore, you should frequently review the Terms of
Use and applicable policies from time to time to understand the terms and conditions
that apply to your use of the Site.
These Terms of Use do not alter in any way the terms or conditions of any other
agreement you may have with Cedar Wholesale for other products or services.
Questions or comments about the Site or its contents should be directed to
customerservice@cedarwholesale.com.
1. INCORPORATED POLICIES OR TERMS
1.1 Privacy Policy. Cedar Wholesale believes strongly in protecting user privacy and
providing you notice of Cedar Wholesale collection and use data, including personal
information, collected from the Site. Therefore, Cedar Wholesale has adopted a Privacy Policy
that you should refer to fully understand Cedar Wholesale uses and collects information.
1.2 Terms of Sale. All orders placed via the Site are governed Cedar Wholesale Terms of Sale.
You should refer to our Terms of Sale to learn more about applicable product warranties,
our return policy, and shipping terms. By ordering and/or accepting delivery of the products,
you agree to be bound by these Terms of Sale, including the disclaimers and limitations of
liability therein. The Terms of Sale are subject to change without prior notice at any time,
in Cedar Wholesale sole discretion so you should review the Terms of Sale each time you make
a purchase.
2. USE OF SITE
Cedar Wholesale grants you a limited license to use this Site, including the Technology,
to make legitimate orders and purchases and shall not use this Site and/or the Technology
for any other purposes, including without limitation, to make any speculative, false or
fraudulent order or any order in anticipation of demand. Such grant does not include,
without limitation: (a) any resale or commercial use of the Site and/or the Technology or
content therein; (b) the collection and use of any product listings or descriptions;
(c) making derivative uses of the Site and/or the Technology and its contents; or
(d) use of any data mining, robots, or similar data gathering and extraction methods.
Except as noted above, you are not conveyed any right or license by implication, estoppel,
or otherwise in or under any patent, trademark, copyright, or proprietary right of
Cedar Wholesale or any third party.
This Site and the content provided in this Site may not be copied, reproduced, republished,
uploaded, posted, transmitted or distributed without the written permission of Cedar Wholesale,
except that you may download, display and print the materials presented on this Site for the
licensed purposes only; provided that, you may not, without the permission of Cedar Wholesale
or the respective copyright owner, (a) copy, publish, or post any materials on any web site,
computer network or broadcast or publications media, (b) modify the materials, and (c) remove
or alter any copyright, trademark and other proprietary notices contained in the materials.
Unauthorized use of this Site and/or the materials contained on this Site may violate
applicable copyright, trademark or other intellectual property laws or other laws.
You may not use, frame or utilize framing techniques to enclose any Cedar Wholesale trademark,
logo or other proprietary information (including the images found at this Site, the content
of any text or the layout/design of any page or form contained on a page) without
Cedar Wholesale express written consent. Further, you may not use any meta tags or any
other "hidden text" utilizing an Cedar Wholesale name, trademark, or product name without
Cedar Wholesale’s express written consent.
3. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this Site and to create binding
legal obligations for any liability you may incur as a result of the use of this Site.
You understand that you are financially responsible for all uses of this Site by you
and those using your login information.
4. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
Your use of the site is at your sole risk. The site and the materials therein are provided
"as is" and "as available" basis. You acknowledge that you have been advised by
Cedar Wholesale to undertake your own due diligence with respect to this site.
Cedar Wholesale makes no representations or warranties, either expressed or implied,
of any kind with respect to the Cedar Wholesale’s site, its operation, contents,
information, materials or year 2000 compliance.
Cedar Wholesale expressly disclaims all representations and warranties, expressed or
implied, of any kind with respect to this site or its use, including but not limited to
merchantability, fitness for a particular purpose, accuracy, completeness, currency,
reliability or suitability of any of the content or data found on this site, title and
non-infringement, and those arising by statute or otherwise in law or equity, or
from a course of dealing or usage of trade.
5. LIMITATION OF LIABILITY
You agree that Cedar Wholesale, its directors, officers, employees or other representatives
shall not be liable for damages arising from the operation, content, access to or
use of the site. You agree that this limitation of liability, is comprehensive and
applies to all damages of any kind, including without limitation direct, indirect,
compensatory, special, incidental, punitive and consequential damages including but
not limited to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if Cedar Wholesale has been advised of the possibility of such damages).
In no event shall the aggregate liability of Cedar Wholesale (whether in contract,
warranty, tort (including negligence), product liability, strict liability or other theory)
arising out of or relating to the use of the site exceed CAD$100.00 or the compensation
you paid Cedar Wholesale, whichever is less.
Certain laws do not allow limitations on implied warranties, or the exclusion or
limitation of certain damages. If these laws apply, some or all of the above disclaimers,
exclusions, or limitations, may not apply to you, and you may have additional rights
to those contained herein.
6. INDEMNIFICATION
You shall indemnify, defend and hold harmless Cedar Wholesale and its officers,
directors, employees, consultants, representatives and agents from and against any loss,
liability, claim, cause of action, demand, damages, costs or expenses including without
limitation reasonable legal, accounting and other professional fees, brought by or
on your behalf in excess of the liability described herein or by third parties arising
from or in connection with your use or any of your Authorized Users' use of this Site,
including but not limited any violation by you or any Authorised User of the
Terms of Use. Cedar Wholesale reserves the right, to assume the exclusive defense and
control of any matter, subject to indemnification by you, which shall not excuse
your indemnity obligations.
7. LINKS
This Site may contain links to other web sites which are provided solely as a convenience
to you and the inclusion of any link does not imply endorsement, investigation or
verification by Cedar Wholesale of the linked web site or information contained therein.
Cedar Wholesale shall not be responsible for the content of any other web sites and
makes no representation or warranty regarding any other web sites or the contents or
materials on such web sites. If you decide to access other web sites, you do so at
your own risk.
8. RELATIONSHIP
The relationship between Cedar Wholesale and you will be that of independent contractors,
and neither we Cedar Wholesale nor any of our respective officers, agents or employees
will be construed to be partners, joint ventures, fiduciaries, employees or agents of
the other as a result of this Agreement or use of this Site.
9. GOVERNING LAW
This Agreement and its performance shall be governed by the laws of the
Province of British Columbia, Canada without regard to its conflict of law provisions.
You consent and submit to the exclusive jurisdiction of the courts located in the
City of Vancouver, in the Province of British Columbia, Canada, in all disputes
arising out of or relating to the use of this Site and this Agreement.
10. ASSIGNMENT
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
11. SEVERABILITY
These Terms of Use shall be deemed severable. In the event that any provision is
determined to be unenforceable or invalid, such provision shall nonetheless be
enforced to the fullest extent permitted by applicable law, and such determination
shall not affect the validity and enforceability of any other remaining provisions.
12. HEADINGS
The heading used in these Terms of Use are included for convenience only and will not limit
or otherwise affect these Terms of Use.
13. ENTIRE AGREEMENT
These Terms of Use, together with those incorporated herein or referred to herein constitute
the entire agreement between us relating to the subject matter hereof, and it supersedes
any prior understandings or agreements (whether electronic, oral or written) regarding
the subject matter, and may not be amended or modified except in writing or by making
such amendments or modifications available on this Site.
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