These terms and conditions govern the use of this web site and the purchase of any services from ProsperGen. Should you have any questions or wish to clarify the meaning of any of these terms and conditions, please contact us at corporate@ProsperGen.com.
Acknowledgment and Acceptance of Terms and Conditions
This web site is owned and operated by ProsperGen. By accessing, browsing or using this web site, you agree to these terms, conditions and disclaimers as amended from time to time ("Terms & Conditions") and acknowledge that you have read and understood these Terms and Conditions. By purchasing an item from this web site you expressly agree to be bound by these Terms and Conditions. ProsperGen and its affiliates (hereby know as the Operator) may amend these Terms and Conditions from time to time. Any amendment will be effective immediately. Your continued use of this web site after any amendment becomes effective, constitutes an agreement by you to abide and be bound by these Terms and Conditions, as so amended.
Information You Provide To Us
All information provided by you when placing an order is referred to in these Terms and Conditions as "User Information". When you provide any User Information you are representing and warranting that all of the information provided is true and correct and are agreeing to indemnify the Operator for any losses, costs, expenses or damages that the Operator may suffer if any of this information is not correct. You should review the Privacy Statement for further information concerning the collection and usage of User Information. You grant to the Operator the right to disclose aspects of your User Information as expressed in the Privacy Statement. If any User Information provided by you is incomplete or inaccurate or you attempt to transmit any material of any kind to this web site which contains a virus, malicious computer code or another harmful component, or you otherwise attempt to alter any of the content of this web site, or you are otherwise in breach of these Terms and Conditions, the Operator retains the right to terminate your rights to purchase products or services from this web site for from any of our Corporate Partners and to prosecute you to the fullest extent of the law. You acknowledge and consent to the disclosure by the Operator to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction of your identity or other information provided by you to this web site, upon being requested to do so by that law enforcement agency.
The products and services offered for sale by the Operator are only available to individuals and entities who can make legally binding contracts. The products and services are not available to persons under the age of 18 years old and any other persons who are legally prohibited from entering into binding contracts. Those not of legal age to make legally binding contracts still may purchase products through one of our Corporate Partners if their Terms & Conditions allow the purchaser to do so. Any party engaging in illegal activities involving the use of this web site will be subject to civil and criminal prosecution. The Operator cannot guarantee that it will notice or be able to prevent any illegal or inappropriate use of this web site, nor can the Operator guarantee that it will give notice of any illegal or inappropriate use of this web site. You must not transmit or attempt to transmit any material of any kind to this web site which contains a virus, malicious computer code or other harmful component or otherwise attempt to alter any of the content on this web site.
Links To Other Websites
This site may contain links to web sites maintained by other companies and organizations. The Operator does not make any representation as to the accuracy of information contained on those web sites and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those web sites.
Copyright and Trademarks
Unless otherwise indicated, copyright in the information on this web site and of our affiliates web sites, including logos, is owned by the Operator. All rights reserved. This site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by the Operator. No part of the information contained on this web site or any web site by our facilitates may be otherwise reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of the Operator. Names, phrases, logos, icons, graphics, images or designs, including the design marks above, used throughout the Site may be trade names, registered or unregistered trademarks or services marks ("Trademarks") of ProsperGen, its subsidiaries or affiliates. The display of Trademarks on this Site is not an implied license to any third party for use of the Trademarks. All information on this Site is protected under copyright laws. Except as provided on this Site, no one has permission to copy, redistribute, reproduce or republish any information found on this Site, which includes uploading or downloading without the prior written consent of ProsperGen. Any retransmission or alteration of Trademarks or other form of unauthorized copying may be a violation of the law and such users may be subject to legal action.
Release and Indemnity
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against the Operator, its related bodies corporate, affiliates, directors, employee, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction. You hereby agree to indemnify, defend and hold the Operator, its related bodies, affiliates, corporate, directors, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Operator, its related bodies corporate, affiliates, directors, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold the Operator, its related bodies corporate, affiliates, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this web site, the violation of these Terms and Conditions by you, or the infringement by you, or other use of this web site or any of our affiliate web sites, of any intellectual property or other right of any person or entity.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Government of Canada and the Province of Ontario. You and the Operator agree to submit to the exclusive jurisdiction of the courts of the Government of Canada and the Province of Ontario. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Operator's failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Operator in writing.
Limitation of Liability
The Operator will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use this web site or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this web site or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this web site, including but not limited to, damages for loss of profits, use, data or other intangible, even if the Operator has been advised of the possibility of such damages. Where any Act of Parliament implies in these Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of the Operator for any breach of such term, condition or warranty shall be limited, at the option of the Operator, to any one or more of the following: if the breach relates to goods: * the replacement of the goods or supply of equivalent goods; * the repair of such goods; * the payment of the cost of replacing the goods or of acquiring equivalent goods; or * the payment of the cost of having the goods repaired; and If the breach relates to services: * the supplying of the services again; or * the payment of the cost of having the services supplied again.
The information contained on this web site is provided by the Operator in good faith on an "as is" basis. The information is believed to be accurate and current at the date the information was placed on this web site. Neither the Operator, its related bodies corporate, affiliates, directors, officers or employees make any representation or warranty as to the reliability, accuracy or completeness of the information contained on this web site (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this web site. To the fullest extent permitted by applicable law, the Operator disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Operator makes no warranty that the web site or any products or services advertised on the web site will meet your requirements, or that the web site will be uninterrupted, timely, secure or error free. You expressly acknowledge and agree that the Operator does not control other users of this web site or the suppliers of goods and services purchased from this web site and the Operator is therefore not liable for their opinions or their behavior, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part. No advice or information, whether oral or written, obtained by you from or through this web site creates any warranty not expressly made in these Terms and Conditions. Information on this web site relating to products and services has been prepared in accordance with Canadian law for the supply of goods and services in Canada. This information may not satisfy the laws of any other country. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this web site, it is not directed at you and cannot be relied upon by you and you are unable to order any goods from this web site. If you do, you agree to indemnify the Operator for any losses, costs, expenses or damages the Operator may suffer as a consequence.
We do not share your information with any other entities without your express permission. We will only share necessary information with law enforcement agencies or the courts if we are requested or ordered to do so.
If you have any questions or comments regarding this statement, or to learn more, E-mail: corporate@ProsperGen.com.