PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
Warranty Disclaimer
This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether expressed or implied. To the
fullest extent permissible pursuant to applicable law,
www.elenasgarden.ca disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability and
fitness for a particular purpose and non-infringement. www.elenasgarden.ca does not represent or warrant that the functions
contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes
the site available are free of viruses or other harmful components.www.elenasgarden.ca does not make any warrantees or representations
regarding the use of the materials in this site in terms of their
correctness, accuracy, adequacy, usefulness, timeliness, reliability or
otherwise.
Limitation of Liability
www.elenasgarden.ca shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if www.elenasgarden.ca
has been advised of the possibility of such damages.
Typographical Errors
In the
event that a www.elenasgarden.ca product is mistakenly listed at an
incorrect price, www.elenasgarden.ca reserves the right to refuse
or cancel any orders placed for product listed at the incorrect price. www.elenasgarden.ca reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, www.elenasgarden.ca shall issue a
credit to your credit card account in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated bywww.elenasgarden.ca without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice
www.elenasgarden.ca may deliver notice to you by means of e-mail, a general notice on the
site, or by other reliable method to the address you have provided to www.elenasgarden.ca.
Use of Site
Harassment in
any manner or form on the site, including via e-mail, chat, or by use of
obscene or abusive language, is strictly forbidden. Impersonation of
others, including a www.elenasgarden.ca 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.
Participation Disclaimer
www.elenasgarden.ca 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, www.elenasgarden.ca
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, www.elenasgarden.ca 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 www.elenasgarden.ca in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless www.elenasgarden.ca,
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' 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, www.elenasgarden.ca may link to sites operated by third parties.
However, www.elenasgarden.ca has no control over
these linked sites, all of which have separate privacy and data
collection practices, independent of www.elenasgarden.ca. These
linked sites are only for your convenience and therefore you access them
at your own risk. Nonetheless, www.elenasgarden.ca 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).