Terms of Use
These Scarsin website terms of use for https://www.scarsin.com/ constitute a legal agreement and are entered into by and between you and the Scarsin Corporation (“Scarsin”, “we”, “us”, “our”). The following terms of use (“Terms of Use”) govern your access to and use of our website https://www.scarsin.com/, including any content, functionality and services offered on or through the website, and any text, pictures, media, data, information and other materials or content contained on or provided through the website (the “Website”). The terms “you” or “your” refer to the individual or entity accessing or otherwise using the Website .
Changes to these Terms of Use
Except where prohibited by applicable law, we may change these Terms of Use from time to time and at any time by posting a new version to the Website. Any and all such modifications are effective upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms of Use in order to be aware of any such modifications. Your continued access to or use of the Website after any changes to these Terms of Use indicates your acceptance of such changes.
Privacy
Please review our privacy policy located at https://www.scarsin.com/privacy-policy/ (“Privacy Policy”) for information on the manner in which we collect, use, disclose and otherwise treat personal information. You acknowledge and agree that we may treat any personal information in accordance with the practices stated therein.
Third-Party Websites
The Website may provide links to third-party sites. We make no representations about any other websites that may be accessed from the Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them.
Ownership
You acknowledge and agree that all rights, title and interest, including intellectual property rights in and to the Website (including for clarity its contents) are exclusively owned by Scarsin.
No Reliance
The Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. Your use of the Website is at your own risk and you are responsible for using your own judgement and conducting your own diligence in respect of any information made available on the Website.
Disclaimer
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY OTHER PRODUCTS OR SERVICES REFERENCED OR MADE AVAILABLE THROUGH THE WEBSITE IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
To the extent permitted by applicable law, under no circumstance will we or our affiliates or their respective officers, directors, shareholders, employees, contractors, agents, licensors, licensees and services providers and any successors and assigns of the foregoing (collectively with Scarsin, the “Scarsin Parties”) be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, or for any direct, indirect, special, incidental, consequential or punitive damages or, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, even if we were allegedly advised or had reason to know that such damages might occur. In the event that the foregoing disclaimer is ineffective, to the maximum extent permitted by applicable law, in no event will our total aggregate liability in connection with your use of, or inability to make use of, the Website, exceed $100CAD. For greater certainty, the existence of one or more claims under these Terms of Use will not increase this maximum liability amount.
Feedback
You agree that any suggestion or idea provided by you (such suggestions or ideas, “Feedback”) will not be treated as confidential and you grant to us a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display and otherwise exploit the Feedback.
General Provisions
- Choice of Law. Except as restricted by applicable law, the Website and these Terms of Use will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision. Any action or proceeding arising out of or relating to this Website and under these Terms of Use will be instituted in the courts located in Toronto, Ontario, Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
- Entire Agreement and Interpretation. These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website. In these terms “include” or “including” means including “without limitation”.
- Waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof.
- Severability. If any term or provision of these Terms of Use is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall be severed from these Terms of Use and will not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any assignment in violation of this Section will be void. The terms of these Terms of Use will be binding upon and enure to the benefit of permitted assignees.
Contact
If you have any questions or comments regarding Scarsin, these Terms of Use or have Feedback or other inquires relating to the Website, please contact us at www.scarsin.com/contact