PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
All users of this site agree that access to and use of this site are subject to the following Terms and Conditions, our Privacy Policy and applicable law. If you do not agree to any of the foregoing, you may not use this site. We suggest you print a copy of this document for your records.
APPLICATION.
These Terms and Conditions are applicable to you upon your access or use of any area of or content on this site. These Terms and Conditions may be modified or terminated by Moo Sang & Co. without prior notice to you at any time for any reason. Any such modification or termination will be effective immediately following the posting or removal of such terms of conditions from this site. You agree to review these Terms and Conditions from time to time and agree that any subsequent use by you of this site following changes or termination to any or the terms or conditions shall constitute your acceptance of all such changes or termination. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. These Terms and Conditions were last modified on May 1, 2006.
COPYRIGHT.
The entire content included in this site, including but not limited to text, graphics or code is the copyrighted property of Moo Sang & Co. or its licensors and is protected by international copyright law. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, transmission, resale, lease, public display or performance of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from this site. All rights not expressly granted to you are reserved by Moo Sang & Co..
TRADEMARKS.
All trademarks, service marks and trade names of Moo Sang & Co. used herein (including but not limited to the Moo Sang & Co. name, the colour pages design, are trademarks or registered trademarks of Moo Sang & Co, Inc.
DISCLAIMER.
THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY ON AN "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Moo Sang & Co. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Moo Sang & Co. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Moo Sang & Co. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE (INCLUDING SUGGESTED PRICING OF Moo Sang & Co. PRODUCTS AND SERVICES, IF ANY)IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY.
Moo Sang & Co. SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Moo Sang & Co. HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
NOTICE.
Moo Sang & Co. may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by mail to your address on record in Moo Sang & Co.'s account information.
CONFIDENTIALITY & INTERNET TRANSMISSIONS.
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, Moo Sang & Co. does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While Moo Sang & Co. shall take commercially reasonable efforts to safeguard the privacy of the information you provide to Moo Sang & Co. and treat such information in accordance with its Privacy Policy, in no event will the information you provide to Moo Sang & Co. be deemed to be confidential, create any fiduciary obligations to you on the part of Moo Sang & Co., or result in any liability to you on the part of Moo Sang & Co. in the event that such information is inadvertently released by Moo Sang & Co. or accessed by third parties without Moo Sang & Co's consent.
MISCELLANEOUS.
These Terms and Conditions and your use of this site shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereof. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the federal and provincial courts located in Toronto, Ontario. Any cause of action or claim you may have with respect to this site must be commenced within one (1) year after the claim or cause of action arises. Moo Sang & Co.'s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. Moo Sang & Co. may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE.
Harassment in any manner or form on this site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Moo Sang & Co. or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. You may not disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of this site, its computer systems, servers or networks. You further agree that by uploading, posting or otherwise transmitting through or to this site any content, you grant to Moo Sang & Co., its successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable licence to use or distribute such content in any manner otherwise than as stated in Moo Sang & Co.’s Privacy Policy.
PARTICIPATION DISCLAIMER.
Moo Sang & Co. does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the site, Moo Sang & Co. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Moo Sang & Co. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Moo Sang & Co. at its sole discretion and without liability or prior notice to you.
INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless Moo Sang 7 Co. and its affiliates, and their officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
THIRD-PARTY LINKS.
In an attempt to provide increased value to our visitors, Moo Sang & Co. may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with Moo Sang & Co., Moo Sang & Co. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Moo Sang & Co.. Moo Sang & Co. has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites, whether or not Moo Sang & Co. has been advised of such privacy practices or content by you or any other party. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Moo Sang & Co. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work) and may take any such actions as Moo Sang & Co. deems necessary in its sole discretion.
CONTACT.
If you have any questions about this site or these Terms and Conditions, please feel free to contact Moo Sang & Co. at:
Moo Sang & Co.
5762 Hwy 7 East
PO Box 54030
Markham Ontario L3P 7Y4
Canada
Phone: 902.202.0902
Fax: 905.202.0904
Email: info@moosang.com