|
The following terms and conditions (“Terms of Use”) govern your access to, and use of, the Digitechlaser.com website (the “Site”) and the services available directly through the Site (the “Services”). The Site is operated by, and the Services are provided by, Digitech Laser By accessing, browsing, or otherwise using the Site or the Services, you agree to be bound by these Terms of Use, including any subsequent changes or modifications to these Terms of Use. Changes to these Terms of Use will be effective upon the earlier of (i) receipt by you of actual notice of the changes, or (ii) 30 days after posting of the changes on this Site. If you do not agree to these Terms of Use or to any changes, do not access or otherwise continue to use the Site or the Services. You should frequently review these Terms of Use to understand the terms and conditions that apply. Digitech laser reserves the right, without notice and in our sole discretion, to terminate your account and your license to use the Site or the Services and to block or prevent future access to and use of the Site or the Services, including discontinuing the Site or the Services in whole or in part at any time. Eligibility Privacy Site Content User Content may or may not be reviewed, prior to or after posting, by Digitech laser or its agents or by users of the Site who have administrative or editorial permissions. Content deemed to be prohibited by these Terms of Use (including the Conduct Policy), or that is flagged as prohibited or offensive by other users, will be subject to removal at any time without notice. Digitech laser further reserves the right to, but has no obligation to, screen, edit, modify, remove or disable access to any content that violates these Terms of Use. Further, Digitech laser reserves the right to report any activity, data or persons (including the disclosure of relevant user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if Digitech laser suspects you have violated these Terms of Use or any law or regulation. Digitech laser also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. The Site may include links to websites operated by third parties. Digitech laser is not responsible for the content of other websites or services provided through such websites. Your Liability You agree to indemnify Digitech laser against any and all claims, actions, losses, liabilities, damages, penalties, costs and expenses (including reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Services or the Site, (b) any actual or alleged breach by you of any obligations, representations, warranties under these Terms of Use, including violations of our Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your account. Copyright and License Links and Third Party Content No Warranties Applicable Law Dispute Resolution Any dispute or claim arising out of or related to these Terms of Use or the subject matter hereof shall be finally settled by binding arbitration in Vancouver, British Columbia, Canada, under the Commercial Arbitration Act (British Columbia) as amended from time to time (or any statute that may be passed which has the effect of superseding such statute) by one arbitrator appointed in accordance with the provisions of such legislation. Arbitration proceedings will be commenced by the party desiring arbitration giving notice to the other party specifying the matter to be arbitrated and requesting an arbitration thereof. If the parties are unable to agree upon an arbitrator within 10 days after delivery of such notice, either of them may make application to the court for appointment of an arbitrator. The parties acknowledge and agree that it is their intention that the arbitration will be conducted, and the determination of the arbitrator will be made and communicated in writing to the parties, as expeditiously as possible. In the event of the failure, refusal or inability of an arbitrator to act, or continue to act, a new arbitrator will be appointed in his stead, which appointment will be made in the same manner as hereinbefore provided. The decision of an arbitrator appointed as hereinbefore provided will be final and binding upon the parties and not subject to appeal. Such arbitrator will have the authority to assess the costs of the arbitration against either or both of the parties provided, however, that each party will bear its own witness and counsel fees. Such arbitrator will have access to all books and records relating to the matter in dispute and the parties will co-operate with such arbitrator and provide all information reasonably requested by such arbitrator. The procedures for the resolution of disputes set out in this Agreement do not preclude recourse to the courts (i) for interim or interlocutory injunctive or other equitable relief, (ii) in respect of any alleged infringement of the intellectual property rights of a party, or (iii) any misuse of this website. |



