nuMantis User Agreement

Filed Under: Documents - Fine Print

Written by nuMantis Admin on Thursday, 15 October 2009 15:32

This Website User Agreement governs your use of this website and the relationship between you and nuMantis Inc.

Your use of numantis.com is governed by this Website User Agreement (“Agreement”). nuMantis Inc. reserves the right to update or change this Agreement at any time and for any reason without notice to you, and you agree that by continuing to use this Website after we make any changes to this Agreement and post them on the Internet, that you are bound by the then current version of this Agreement. By visiting or using this Website, you agree to the following:

1. Your act of visiting or using this Website has the same legal force and effect as a written contract with your written signature and that you won’t challenge the validity, enforceability or admissibility of this Agreement on the grounds that you agreed to it electronically. You also agree that you have had an opportunity to print a copy of this Agreement for your records.

2. IN NO EVENT SHALL COMPANY AND/OR WEBSITE, OR ANY CONTRACTORS OR AGENTS OF COMPANY AND/OR WEBSITE, INCLUDING BUT NOT LIMITED TO THE LINKED SITES BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, OR ANY PRODUCTS ASSOCIATED, WHETHER BASED ON WARRANTY, CONTRACT, EQUITY, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.

3. You agree that in no event Shall nuMantis and/or numantis.com, or any contractors or agents of nuMantis and/or numantis.com, be liable to you for any damages (including, without limitation, incidental and consequential damages, lost profits, or damages) resulting from the use or misuse of any product received or the use or misuse of any information you provide. You further acknowledge that nuMantis Inc. is not responsible for the fulfillment of any requests and that all requests come from third party suppliers. You acknowledge that unless otherwise noted products do not come from yourdomain.com. You also acknowledge that numantis.com makes no warranties expressed or implied about any products you receive through the site.

4. You agree that in no event Shall nuMantis and/or numantis.com, or any contractors or agents of company and/or website, be liable to you for any damages (including, without limitation, incidental and consequential damages, lost profits, or damages) for the non fulfillment of any offer or request. You agree that unless otherwise indicated offer is limited to one per household, family or mailing address and is limited to Canadian residents.

5. You understand that unless otherwise indicated all products are while supplies last. You further consent to nuMantis Inc. and/or numantis.com, or any contractors or agents of nuMantis and/or numantis.com to use your information within the scope of the website’s privacy policy.

6. You agree that exclusive jurisdiction for any claim or dispute against nuMantis Inc or its Linked Sites arising out of your use of this Website or purchase of its products shall be governed by Canada/Ontario law without regard to its conflict of law principles, and that any such claim or action shall only be filed in the provincial or federal courts sitting in Canada/Ontario and you agree and expressly consent to the exercise of exclusive personal jurisdiction in such courts. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

8. If it ever becomes necessary for a court to adjuidicate any issue resulting from this contract or use of this website, the prevailing party is entitled to attorney fees.

Last Revised: 4:29 PM 10/15/2009