Terms and Conditions
TERMS AND CONDITIONS OF USE
PLEASE read these terms and conditions of use carefully before using this website.
By using PresentYonder.com or any other Website supervised by PresentYonder.com, you agree to be bound by these Terms and Conditions of Use. If
you do not agree to these Terms and Conditions of Use, please do not use the PresentYonder.com WEBSITES. We reserve the right to change these
Terms and Conditions of Use, in whole or in part, at any time with or without notice. You should always check these Terms and Conditions of Use prior to
using the website. Your continued use of the PresentYonder.com websites following the posting of changes to these Terms and Conditions of Use will
mean you accept those changes.
RESTRICTED USES
The PresentYonder.com are copy righted and protected by law. Except as stated herein, none of the material on the PresentYonder.com may be
copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. However, you may download material
for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material
included in or accessed through the PresentYonder.com website and include any author attribution, copyright or trademark notice or restriction in any
such material that you download. You may not use such downloaded material for any commercial purpose. Modification of the materials or use of the
materials for any other purpose is a violation of copyright law and other proprietary rights. The use of any trademarks appearing on the
PresentYonder.com website or any other content on the PresentYonder.com websites, except as expressly provided in these Terms and Conditions of
Use, is strictly prohibited.
BULLETIN BOARD AND E-MAIL
PresentYonder.com may offer features such as bulletin boards or e-mail functions as part of the PresentYonder.com websites (referred to as "Interactive
Medium"). You may not submit any material that is unlawful, harmful, harassing, threatening, abusive, hateful, libellous, defamatory, obscene,
pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable that would constitute a criminal offence, give rise to civil liability,
or otherwise violate any applicable law. Please do not submit any material that is protected by copyright, patent, or other proprietary right without
obtaining permission of the copyright or patent owner or right holder. The Interactive Medium shall not be used for any commercial purposes. You will
not submit any material to solicit funds or to promote, advertise, or solicit the sale of any goods or services. You are expressly prohibited from soliciting
other guests of the PresentYonder.com websites to become members of any commercial online service or other organization. Any information or
material submitted by you to the PresentYonder.com websites through the Interactive Medium will be deemed non-proprietary and non-confidential,
and may be used by PresentYonder.com without restriction. Without limiting the foregoing, by offering any information or material through the
PresentYonder.com website (e.g., through chat, bulletin boards, e-mail, contests or otherwise), you grant to PresentYonder.com the worldwide,
perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, edit, publish, make derivative works from and distribute
such information or materials in any and all forms and media, now or hereafter discovered. Notwithstanding the foregoing, all personal data (e.g., name,
address and telephone number) provided to PresentYonder.com will be handled in accordance with the Security and Privacy Statement appearing on
PresentYonder.com websites. We reserve the right, in our sole discretion, to edit any submission and to choose to include or not include such
submission in the Interactive Medium. The Interactive Medium includes the opinions, statements and other content of third parties. We are not
responsible for screening, monitoring or verifying such content, including such content's
accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other content expressed by third parties are those of such
third parties and not of PresentYonder.com. PresentYonder.com does not endorse any such opinion, statement or other material posted on or accessible
through the Interactive Medium.
INTENDED AUDIENCE
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products and services available.
PresentYonder.com. supervises this website from its offices located in Canada. PresentYonder.com makes no representation that materials contained in
this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own
initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
DISCLAIMER
THE PRESENTYONDER.COM WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PRESENTYONDER.COM MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR
COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE PRESENTYONDER.COM WEBSITES. ANY RELIANCE ON OR USE OF
SUCH MATERIAL SHALL BE AT YOUR SOLE RISK. PRESENTYONDER.COM MAKES NO REPRESENTATION OR WARRANTY THAT THE
PRESENTYONDER.COM WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE PRESENTYONDER.COM WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. PRESENTYONDER.COM WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. PRESENTYONDER.COM MAY ALSO MAKE
IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCTS, INFORMATION AND/OR SERVICES DESCRIBED IN THE PRESENTYONDER.COM WEBSITES AT ANY TIME
WITHOUT NOTICE.
HYPER LINKS TO OR FROM OTHER SITES
PresentYonder.com is not affiliated or associated with sponsors or producers of any third-party websites that hyper link to or from the PresentYonder.com
websites. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the
PresentYonder.comwebsites from such third parties. We cannot ensure that you will be satisfied with any products or services that you purchase from a
third-party site that links to or from the PresentYonder.com websites, since these third-party sites are owned and operated by independent retailers or
service providers. We do not endorse any of the merchandise or services, nor have we taken any steps to confirm the accuracy or reliability of, any of the
information contained in such third-party sites. We do not make any representations or warranties as to the security of any information (including, without
limitation, credit card and other personal information) you might be requested to give any third party.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PRESENTYONDER.COM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, DIRECT
OR INDIRECT LOSSES OR DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRESENTYONDER.COM WEBSITES, EVEN IF
PRESENTYONDER.COM OR AN PRESENTYONDER.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PRESENTYONDER.COM'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THIS SITE.
INDEMNIFICATION
You will indemnify and hold PresentYonder.com, and its subsidiaries, affiliates, directors, officers, agents, contractors or other partners, and employees,
harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of material or
information you submit, post to or transmit through a Interactive Medium, your use of the PresentYonder.com websites, your connection to the
PresentYonder.com websites, your violation of the Terms and Conditions of Use, or your violation of any rights of another.
MISCELLANEOUS
These Terms and Conditions of Use shall be governed by the laws of the Province of Ontario, without regard to its conflicts of laws principles. You agree
that any lawsuit arising out of or relating to these Terms and Conditions of Use shall be filed only in the courts located in the Province of Ontario and
you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such lawsuit. If any provision of these terms shall be
unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever able from these terms and shall not affect the validity and
enforceability of any remaining provisions.
PresentYonder.com 645-7183
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