Terms and Conditions
Tivitas Interactive Inc.
USE OF THE WEBSITE
By accessing the Tivitas Site, you warrant and represent to Tivitas that you are legally entitled to do so.
AGE OF MAJORITY
If you are under the age of majority in your area of residence, you may use the Tivitas Services only with involvement of a parent or guardian. Tivitas reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.
When you use any Tivitas Services or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Tivitas Site or through other Tivitas Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement. When you provide Tivitas with your e-mail address, or sign up to receive e-mail from us, you consent to receiving commercial e-mail.
INTELLECTUAL PROPERTY RIGHTS
Neither you nor anyone acting on your behalf may acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secrets, relating to the contents of this site. Any grants not expressly granted herein are reserved.
All contents of this site are © 2013-2018 Tivitas Interactive Inc.
All content that is made available to view and/or download in connection with this site is owned by and is the copyrighted work of Tivitas and is protected by copyright laws and international treaty provisions. You agree that you will not download any content without complying with all applicable use controls, laws and regulations, and you warrant that you will not download any content or software where such downloading is prohibited by local laws.
TIVITAS SITE LICENSE AND ACCESS
Except as expressly permitted by this Agreement, you may not download (other than page caching), modify, or alter the Tivitas Site, or any portion of it, except with the express written consent of Tivitas. This license specifically does not include: (1) any resale or commercial use by you of the Tivitas Site; (2) any derivative use of the Tivitas Site or its contents; (3) any use of data mining, robots, or similar data gathering and extraction tools; (4) any reproduction, duplication, copying, selling, reselling, re-posting or any exploitation of the Tivitas Site or its contents for any public or commercial purpose without the express written consent of Tivitas; (5) any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Tivitas Site, or otherwise interferes with its proper functioning; and (6) mirroring of any material contained on the Tivitas Site on any other server.
Unless otherwise specified, the content provided in this site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Tivitas Site.
You may not attempt to gain unauthorized access to the Tivitas Site and/or any Tivitas computer systems or networks connected to the Tivitas Site, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Tivitas Site.
You will ensure that your use, or the use of any third party through you, of the Tivitas Site and the Tivitas Services does not interfere with, degrade, or adversely affect any Tivitas software, system, network or data or that of any other users of the Tivitas Site or the Tivitas Services. You and anyone obtaining access to the Tivitas Site or Tivitas Services through you will not post or transmit any harassing, abusive, libelous, illegal, deceptive or otherwise offensive messages or information whatsoever. You and anyone obtaining access to this website through you will not use the Tivitas Site or any contents thereof to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortuous acts.
You and anyone obtaining access to this website through you will not use the Tivitas Site or any contents thereof to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortuous acts.
ACCURACY OF INFORMATION
You may be permitted to or asked to submit information to Tivitas. You expressly represent and warrant: (a) that you have the authority to provide Tivitas with all such information; (b) that all such information may be used by Tivitas for the purposes intended; and (c) that all such information shall be true, accurate, and complete. You agree that if any information you provide is false, inaccurate, obsolete, incomplete or provided without such authority, we may terminate your use of the Tivitas Site and any or all Tivitas Service(s).
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Tivitas takes no responsibility and assumes no liability for any content posted by you or any third party. Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. Tivitas reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, unless we indicate otherwise, you grant Tivitas a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public such content throughout the world in any media. You grant Tivitas and
sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Tivitas for all claims resulting from content you supply. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM, YOU DO SO AT YOUR OWN RISK. No compensation will be paid with respect to the use of any information or content submitted by you. Tivitas is under no obligation to post or use any information you may provide.
RISK OF LOSS
All items purchased from Tivitas are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. You therefore assume all responsibility for claims against the carrier for loss or damage.
Unless otherwise provided, prices are in American currency. We generally do not charge your credit card until after your order has entered the shipping process. Prices are exclusive of, and you will pay, all applicable sales, use, consumption, goods and service, value added withholding, and all other applicable federal, state, provincial and local taxes. Prices are also exclusive of, and you will be responsible for payment of, all fees and charges related to customs, duties and brokerage.
You agree to defend, hold harmless and indemnify Tivitas, its affiliates, and their respective officers, directors, employees, consultants, agents, shareholders, licensors, sponsors and representatives from and against any and all claims, liabilities, damages, fines, penalties or costs of whatsoever nature
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THE TIVITAS SITE, OR OBTAINED FROM A THIRD PARTY LINKED WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. TIVITAS ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS SITE. UNDER NO CIRCUMSTANCES WILL TIVITAS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Tivitas assumes no responsibility for errors or omissions in the information which is referenced by or linked to the Tivitas Site. IN NO EVENT SHALL TIVITAS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED ON THIS SITE, (2) LOSS OF USE, DATA OR PROFITS, (3) DELAYS OR BUSINESS INTERRUPTIONS, (4) AND ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE OR TIVITAS SERVICES, WHETHER OR NOT TIVITAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
The Tivitas Site is controlled, operated and administered by Tivitas (or its licensees) from its offices within Canada and is not intended to subject Tivitas to the laws or jurisdiction of any state, country or territory other than those of Canada. Those who choose to access the Tivitas Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to Canadian export controls and are responsible for any violations of such controls, including without limitation any Canadian embargoes or other federal rules and regulations restricting exports. Additional charges such as customs, fees, taxes, and import duties are the responsibility of the buyer. Without limiting the foregoing, Tivitas may limit Tivitas Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Notwithstanding the foregoing, Tivitas reserves the right to revoke your authorization to visit, browse, access and use the Tivitas Site at any time without notice. All restrictions herein shall survive the termination of your right to visit, browse, access and use the Tivitas Site.
proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that this agreement and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.