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These terms and conditions (these “Terms”) govern your use of any website or mobile application owned or operated by Measur. These Terms are subject to change by Measur, in its sole discretion, at any time, without prior written notice. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. Therefore, you should review these Terms prior to using the Site. Your continued use of the Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
Additional terms and conditions may apply to some products or services offered by Measur and to the use of the Site and to specific portions or features on the Site, including, but not limited to, promotions, contests, or other similar features (“Additional Terms”) all of which terms are made a part of these Terms by this reference. The Additional Terms will control to the extent of any inconsistency between the Additional Terms and these Terms.
You should also carefully review our Privacy Policy before using the Site as it also governs your use of the Site and our services.
Please read these Terms carefully before using the Site. By accessing or otherwise using the Site or our services, you affirm that you are of legal age to enter into this agreement, and you signify your agreement to be bound by these Terms, Additional Terms, applicable Privacy Policy and any other policies or documents referred to in these Terms. If at any time you do not agree with any of these Terms, you must immediately stop using the Site.
When you use the Site or our services, you agree to use the Site and our services only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. In addition, you agree that you are solely responsible for any breach of your obligations under these Terms and for the consequences (including any loss or damage which Measur may suffer) of any such breach. As a condition of your use of the Site and our services, you warrant to Measur that you will not use the Site or our services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third-party, you agree not to:
Intellectual Property: All content included on the Site, such as text, graphics, logos, images, videos, digital downloads, data, software, any other material, and the design selection and arrangement thereof is owned or licensed property of Measur, its suppliers, licensors, or other providers of such material and is protected by Canada and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Measur and its suppliers and licensors expressly reserve all intellectual property rights in all content. These Terms permit you to use the Site for your personal, non-commercial use only.
Trademarks: The Measur name, logos, service names, designs, and slogans are trademarks of Measur. You must not use such marks without the prior written permission of Measur. All other names, logos, product and service names, designs and slogans that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Measur
1. Warranties; All Product Sold “AS-IS” or “With All Faults”
MEASUR IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY MEASUR ARE NOT MANUFACTURED BY MEASUR. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER’S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). THESE WARRANTIES, SERVICES, AND SUPPORT POLICIES ARE PROVIDED BY THIRD-PARTY COMPANIES AND HAVE THEIR OWN SET OF TERMS AND CONDITIONS. MEASUR SHALL NOT BE RESPONSIBLE FOR ANY TERM, GUARANTEE, REPRESENTATION, OR WARRANTY GIVEN BY SUCH MANUFACTURER. MEASUR ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS.
MEASUR MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT.
EXCEPT FOR THOSE WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS THAT MAY NOT BE LEGALLY EXCLUDED, MEASUR DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS, AS TO ANY SUCH PRODUCT, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ITEMS SOLD THROUGH MEASUR ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR MEASUR, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE, RESTRICT, OR MODIFY ANY NON-EXCLUDABLE RIGHT OR REMEDY YOU HAVE UNDER ANY LAW. ANY DISCLAIMER, EXCLUSION, OR LIMITATION AS PROVIDED FOR IN THESE TERMS APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO ANY NON-EXCLUDABLE RIGHT OR REMEDY.
2. Liability; Exclusions
TO THE FULLEST EXTENT PERMITTED BY LAW, IN ALL CIRCUMSTANCES MEASUR'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. MEASUR SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. MEASUR SHALL NOT BE LIABLE FOR THIRD-PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT MEASUR HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE, RESTRICT, OR MODIFY ANY NON-EXCLUDABLE RIGHT OR REMEDY YOU HAVE UNDER ANY LAW. ANY DISCLAIMER, EXCLUSION, OR LIMITATION AS PROVIDED FOR IN THESE TERMS APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO ANY NON-EXCLUDABLE RIGHT OR REMEDY.
3. Indemnification
To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless Measur, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms.
4. Governing Law and Jurisdiction
To the fullest extent permitted by law, any dispute arising out of or related to these Terms or the sales transactions between Measur and Customer shall be governed by the laws of Canada, without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of these Terms shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, Customer and Measur agree that any dispute or controversy arising out of, in relation to, or in connection with these Terms or Customer’s use of the Site shall be finally settled by binding arbitration in Canada.
Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Measur that is more than one year after the date of the applicable invoice.
Notwithstanding the foregoing, nothing in this section limits your rights and remedies under any law.
5. Waiver
The failure of either party to require performance by the other party of any provision of these Terms shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
6. Severability
If any of these Terms is or becomes invalid, illegal, or for any reason unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Canadian law.
7. Entire Agreement
These Terms constitute the entire agreement between Measur and you and supersede all prior or contemporaneous arrangements, proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Measur and Customer relating to the subject matter of any contract to the fullest extent permitted by law. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
8. Children
We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under the age of majority pursuant to applicable law, you may only use Measur with the involvement of a parent or guardian. If you order a product to which a minimum age requirement applies, by ordering that product you confirm that you and, if different, the recipient of the product, are of the required age necessary to buy that product.
