Legal Statement
Introduction
Welcome to MOLEPRO.COM. This site is provided
as a service to our customers. Please review the
following basic rules that govern your use of
our Site (the "Agreement"). Please note
that your use of our Site constitutes your unconditional
agreement to follow and be bound by these Terms
and Conditions. Although you may "bookmark"
a particular portion of this Site and thereby
bypass this Agreement, your use of this Site still
binds you to the Terms. MOLEPRO.COM reserves the
right to update or modify these Terms and Conditions
at any time without prior notice. Your use of
the MOLEPRO.COM Web site following any such change
constitutes your unconditional agreement to follow
and be bound by the Terms and Conditions as changed.
For this reason, we encourage you to review these
Terms and Conditions whenever you use this Web
site.
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Copyrights and Trademarks
Unless otherwise noted, all materials, including
images, text, illustrations, designs, icons, photographs,
programs, video clips and written and other materials
that are part of this Site (collectively, the
"Contents") are copyrights, trademarks,
trade dress and/or other intellectual property
owned, controlled or licensed by MOLEPRO.COM,
one of its affiliates or by third parties who
have licensed their materials to MOLEPRO.COM and
are protected by Canadian and international copyright
laws. The compilation (meaning the collection,
arrangement, and assembly) of all content on this
site is the exclusive property of MOLEPRO.COM
and is also protected by Canadian and international
copyright laws.
© 2002 MOLEPRO.COM, Inc. All Rights Reserved.
Mole Pro Sales Inc. and its suppliers and licensors
expressly reserve all intellectual property rights
in all text, programs, products, processes, technology,
content and other materials which appear on this
Web site. Access to this Web site does not confer
and shall not be considered as conferring upon
anyone any license under any of MOLEPRO.COM's
or any third party's intellectual property rights.
The MOLE PRO names and logos and all related
product and service names, design marks and slogans
are the trademarks or service marks of Mole Pro
Sales Inc. All other marks are the property of
their respective companies. No trademark or service
mark license is granted in connection with the
materials contained on this website. Access to
this website does not authorize anyone to use
any name, logo or mark in any manner.
References on this Web site to any names, marks,
products or services of third parties or hypertext
links to third party sites or information are
provided solely as a convenience to you and do
not in any way constitute or imply Mole Pro Sales
Inc.'s, endorsement,sponsorship or recommendation
of the third party, information, product or service.
MOLEPRO.COM is not responsible for the content
of any third party sites and does not make any
representations regarding the content or accuracy
of material on such sites. If you decide to link
to any such third party web sites, you do so entirely
at your own risk.
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Use of this Site
This Site and all its Contents are intended solely
for personal, non-commercial use. You may download
or copy the Contents and other downloadable materials
displayed on the Site for your personal use only.
No right, title or interest in any downloaded
materials or software is transferred to you as
a result of any such downloading or copying. You
may not reproduce (except as noted above), publish,
transmit, distribute, display, modify, create
derivative works from, sell or participate in
any sale of or exploit in any way, in whole or
in part, any of the Contents, the Site or any
related software. All software used on this site
is the property of MOLEPRO.COM or its suppliers
and protected by U.S. and international copyright
laws. The content and software on this site may
be used only as a shopping resource. Any other
use, including the reproduction, modification,
distribution, transmission, republication, display,
or performance, of the content on this site is
strictly prohibited. MOLEPRO™ is a trademark
of Mole Pro Sales Inc.
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Site Security
Users are prohibited from violating or attempting
to violate the security of the Site, including,
without limitation, (a) accessing data not intended
for such user or logging onto a server or an account
which the user is not authorized to access; (b)
attempting to probe, scan or test the vulnerability
of a system or network or to breach security or
authentication measures without proper authorization;
(c) attempting to interfere with service to any
user, host or network, including, without limitation,
via means of submitting a virus to the Site, overloading,
"flooding," "spamming," "mailbombing"
or "crashing;" (d) sending unsolicited
email, including promotions and/or advertising
of products or services; or (e) forging any TCP/IP
packet header or any part of the header information
in any email or newsgroup posting. Violations
of system or network security may result in civil
or criminal liability. The Company will investigate
occurrences that may involve such violations and
may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved
in such violations. You agree not to use any device,
software or routine to interfere or attempt to
interfere with the proper working of this Site
or any activity being conducted on this site.
You agree, further, not to use or attempt to use
any engine, software, tool, agent or other device
or mechanism (including without limitation browsers,
spiders, robots, avatars or intelligent agents)
to navigate or search this Site other than the
search engine and search agents available from
Company on this Site and other than generally
available third party web browsers (e.g., Netscape
Navigator, Microsoft Explorer).
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General
This Agreement represents the complete agreement
between the parties and supersedes all prior agreements
and representations between them. If any provision
of this Agreement is held to be unenforceable
for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable
and the other terms of this Agreement shall remain
in full force and effect. The failure of Company
to act with respect to a breach of this Agreement
by you or others does not constitute a waiver
and shall not limit Company's rights with respect
to such breach or any subsequent breaches. This
Agreement shall be governed by and construed under
British Columbia law as such law applies to agreements
between British Columbia residents entered into
and to be performed within British Columbia. Any
action or proceeding arising out of or related
to this Agreement or your use of this Site must
be brought in the provincial or federal courts
of British Columbia
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User Comments, Feedback, Postcards and Other
Submissions
All comments, feedback, postcards, suggestions,
ideas, and other submissions disclosed, submitted
or offered to MOLEPRO.COM on or by this Site or
otherwise disclosed, submitted or offered in connection
with your use of this Site (collectively, the
"Comments") shall be and remain MOLEPRO.COM's
property. Such disclosure, submission or offer
of any Comments shall constitute an assignment
to MOLEPRO.COM of all worldwide rights, titles
and interests in all copyrights and other intellectual
properties in the Comments. Thus, MOLEPRO.COM
will own exclusively all such rights, titles and
interests and shall not be limited in any way
in its use, commercial or otherwise, of any Comments.
MOLEPRO.COM is and shall be under no obligation
(1) to maintain any Comments in confidence; (2)
to pay to user any compensation for any Comments;
or (3) to respond to any user Comments. You agree
that no Comments submitted by you to the Site
will violate any right of any third party, including
copyright, trademark, privacy or other personal
or proprietary right(s). You further agree that
no Comments submitted by you to the Site will
be or contain libelous or otherwise unlawful,
abusive or obscene material. You are and shall
remain solely responsible for the content of any
Comments you make. We welcome your comments regarding
the MOLEPRO.COM Web site. However, any comments,
feedback, notes, messages, ideas, suggestions
or other communications (collectively, "Comments")
submitted by you shall be and remain the exclusive
property of MOLEPRO.COM. Your submission of any
such Comments shall constitute an assignment to
MOLEPRO.COM of all worldwide rights, titles and
interests in all copyrights and other intellectual
property rights in the Comments. MOLEPRO.COM will
be entitled to use, reproduce, disclose, publish
and distribute any material you submit for any
purpose whatsoever, without restriction and without
compensating you in any way. For this reason,
we ask that you not send us any comments that
you do not wish to assign to us, including any
confidential information or any original creative
materials such as stories, product ideas, computer
code or original artwork.
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Colors
We have made every effort to display as accurately
as possible the colors of our products that appear
on the Site. However, as the actual colors you
see will depend on your monitor, we cannot guarantee
that your monitor's display of any color will
be accurate.
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Indemnification
You agree to defend, indemnify and hold MOLEPRO.COM
harmless from and against any and all claims,
damages, costs and expenses, including attorneys'
fees, arising from or related to your use of the
Site.
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Termination
MOLEPRO.COM may terminate this Agreement at
any time and may do so immediately without notice,
and accordingly deny you access to the Site, if
in MOLEPRO.COM's sole discretion you fail to comply
with any term or provision of this Agreement.
Upon any termination of the Agreement by either
you or MOLEPRO.COM, you must promptly destroy
all materials downloaded or otherwise obtained
from this Site, as well as all copies of such
materials, whether made under the Legal Statement
or otherwise. These terms are effective unless
and until terminated by MOLEPRO.COM.
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Disclaimer
THIS SITE IS PROVIDED BY MOLEPRO.COM ON AN "AS
IS" AND "AS AVAILABLE" BASIS. MOLEPRO.COM
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, MOLEPRO.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE FOREGOING, MOLEPRO.COM
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU
ACKNOWLEDGE, BY YOUR USE OF THE MOLEPRO.COM WEB
SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE
RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT
WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART
OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
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Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR
EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT
LIABILITY OR OTHERWISE, SHALL MOLEPRO.COM OR ANY
OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS,
VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY
OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE
ARISING OUT OF OR IN CONNECTION WITH THE USE OF
OR INABILITY TO USE THE MOLEPRO.COM WEB SITE,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK
STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE
OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE
OF MOLEPRO.COM HAS BEEN ADVISED OF OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL MOLEPRO.COM BE LIABLE FOR ANY DAMAGES
IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION
WITH YOUR USE OF THE SITE DURING THE SIX MONTH
PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
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Use of our Products
The Mole Pro Trapping System™ includes
Mole Pro Traps. The scissor trap can potentially
be dangerous to people, pets and other animals
if not used properly. By purchasing our product,
you agree to not hold Mole Pro liable for any
damage to person or property from the direct or
indirect use of the Mole Pro Trap or the
application of techniques discussed in the Mole
Pro Instructional Video™. Some states have
banned the use of certain types of mole traps.
Mole Pro™ makes no representation, implied
or explicit, that the use or purchase of the Mole Pro Trap is permitted in your State / Province.
Consult your respective local authority if you
are unsure.
Copyright © 2003 MOLEPRO.COM, Inc. |
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