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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. This agreement between you and VTech Technologies Canada Ltd. ("VTech") governs your use of our web site (the "Web site") and is expressly conditioned on your acceptance without limitation, modification, or exception, of the following terms of use ("Terms of Use"). By using the Web site, you acknowledge that you have read, understood, and agreed to all of the terms and conditions set forth below. If you do not agree to these Terms of Use, you should not use any information or access any services through the Web site.
VTech may at any time change, supplement, or amend these Terms of Use without any notice or liability to you or any other person. Each time you access the Web site, the text of these Terms of Use as it then reads will govern your use. You should therefore periodically visit this page to review the current agreement to which you are bound. This Web site may not be used by persons in jurisdictions where access to or use of the Web site or any part of it may be illegal or prohibited. It is your responsibility to determine whether your use of the Web site is lawful, and you must comply with all federal, provincial and local laws and regulations. VTech reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access to the Web site.
The Web site and its contents may not, in whole or in part, be copied, reproduced, modified, published, transmitted, uploaded, posted, or distributed unless specifically authorized with written permission from VTech. Information, text, images, data, software, photographs, audio, video and other material on the Web site are protected by copyright, trademark and other intellectual property rights and laws. You may download or print such material for non-commercial, personal use only, provided you retain all copyright or proprietary notices contained in the materials.
The names, logos, service marks, and trademarks on the Web site (collectively, "Trademarks") are the property of their respective owners, and are licensed to or owned by VTech, Limited. Trademarks are protected under the copyright laws of Canada and other countries and may not be reproduced, copied or manipulated in any manner without the express, written consent of the trademark owner. Nothing contained on the Web site should be construed as granting, by implication or otherwise, any license or right to use any Trademarks without the written permission of the Trademark owner. Unauthorized use of a Trademark, or other contents on the Web site, violates applicable copyright, trademark, or other intellectual property laws and is strictly prohibited.
The use of any information you provide in connection with your use of the Web site is governed by and set forth in our Privacy Policy. Please review VTech's Privacy Policy incorporated herein for your reference.
The Web site is intended for adult use. Only persons residing in Canada who have reached the age of majority in their jurisdiction may make purchases on the Web site. Any person under 18 years of age wishing to purchase products on the Web site must do so with the involvement and consent of an adult.
The Web site contains links to other sites on the Internet which are provided solely as a convenience to you. Inclusion of any link does not imply endorsement, investigation or verification by VTech of the linked web site. VTech cannot, and does not control or review linked web sites or the information and content contained therein. Your linking to these web sites is at your own risk. VTech makes no representation or warranty regarding any content derived, obtained, or accessed through or outside the Web site. VTech is not responsible for any damage or loss caused, or alleged to be caused, by or in connection with your use of, or reliance, on any information, goods, or services available on or through any third party site.
All transactions made through the Web site, including the purchase of goods and services, are governed by this Agreement and any applicable Transaction Agreement. By using this Web site or by initiating a transaction through the Web site, you signify your agreement and acceptance of this Agreement, and if applicable, the Transaction Agreement.
Although VTech strives to provide accurate and current information on the Web site, VTech does not guarantee the accuracy or completeness of the information and there may be technical inaccuracies or typographical errors contained in this Web site. VTech will correct such inaccuracies as they are discovered, and at its sole discretion. VTech is not liable for any loss or damage incurred by you or any other person arising from or connected to any misprints or errors on the Web site.
VTech reserves the right to change the prices, fees and charges regarding the goods and services available on the Web site at any time without any notice or liability to you or any other person.
Your use of the Web site is at your own risk. The Web site is provided on an "as is" and "as available" basis, without warranties, representations or conditions of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. VTech is not responsible for any direct, indirect, incidental, consequential, punitive or special damages to or any costs of necessary servicing, repair or correction to any computer or other equipment arising from or related to your use of the Web site. VTech expressly disclaims any warranty that the Web site or your access to it will be uninterrupted, continuous, error-free or secure, or that the results obtained from the use of the Web site will be accurate and reliable, or that any products, services, information or other material purchased or obtained by you through the Web site will meet your expectations.
Without limiting the generality of the foregoing, VTech assumes no responsibility, and shall not be liable for any viruses, trojan horses worms, or other destructive or disruptive components that may infect your computer equipment or other property, on account of your browsing through, access to, or use of the Web site, nor any downloading of materials, images, content, data, audio, or video from the Web site. Check your local laws for any further restrictions or limitations regarding the exclusion of implied warranties.
VTech will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from or relating to the use of the Web site by you or any other person. VTech will not be liable regardless of any negligence or other fault or wrongdoing by VTech or any person for whom VTech is responsible, and notwithstanding that VTech or its providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.
You hereby release, remise, and forever discharge VTech and all of its respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors, licensees, and all other related or associated persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, arising from or relating to your use of the Web site.
You must agree to indemnify and hold harmless VTech and all its providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors, licensees, and all other related, associated or connected persons (collectively, the "Indemnified Parties") from and against any and all liabilities, claims, causes of action or demands, including without limitation reasonable legal, accounting and other professional fees incurred by the indemnified parties arising out of or connected with your use of the Web site or your breach of this agreement. You will assist and co-operate as reasonably required by the indemnified parties in the defense of any such claim or demand.
Advice and information provided by VTech or its representatives, whether oral or written, will not amend or vary this agreement, including the above disclaimer, liability exclusion, liability limitation, release, and indemnity provisions, and cannot be interpreted as any representation, warranty or condition. Additionally, you may not rely upon any such advice or information.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.
You are strictly prohibited from posting on or transmitting through the Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, and/or any other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate any law. You are further prohibited from using the Web site to post or send any unauthorized or unsolicited advertising or promotional materials, including all forms of "spam," chain letters, and pyramid schemes, any software viruses or computer codes designed to interrupt, corrupt or impair the content or operation of any computer, telecommunication device, or any program designed to collect or store personal data about other users. VTech will fully cooperate with any law enforcement authorities or court orders requesting or instructing VTech to disclose the identity of anyone posting any such information or materials.
In the event that any provision included in the Terms of Use is determined to be unenforceable, unlawful or invalid, then that provision shall be deemed to be severed from the rest of this agreement and shall not affect the validity and enforceability of any remaining provisions.
This Web site is based in Vancouver, British Columbia, Canada. VTech makes no claim that the materials found on the Web site are appropriate or may be downloaded outside of Canada. Access to the Web site from outside of Canada is at your own risk, and you are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the Province of British Columbia, without respect to its conflict of laws principles. Except as expressly provided in a particular "Legal Notice," this Agreement constitutes the entire Agreement between you and VTech with respect to the use of the Web site. Any changes to this Agreement must be made in writing and signed by an authorized representative of the company.