ACCEPTANCE OF TERMS
Welcome to the Earth Sciences Store Internet website (the “Site”) for The Department of Earth Sciences (the “Department”) at The University of Western Ontario (“Western”). The Site is owned and operated by the Department for your personal use and information. By accessing the Site, you agree to be legally bound and to abide by these Terms of Service (“Terms and Conditions” or “Agreement”) in their entirety, just as if you had signed this Agreement. If you do not agree, please do not use the Site.
MODIFICATION OF THESE TERMS OF USE
The Department may amend or modify this Agreement or impose new conditions at any time. Your continued usage of the Site following the posting of any changes to the Agreement will mean you accept those changes. You should revisit this page periodically to review the Terms and Conditions to which you are bound.
PROPRIETARY RIGHTS
You acknowledge that the Site contains text, information, images, photographs, graphics, icons, trademarks, tradenames and other viewable material (collectively, “Content”) that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or subsequently developed. This Site and its Content are the sole and exclusive property of the Department (unless otherwise noted) and are protected by Canada, United States and international copyright laws. While the Department makes the Content available to all users of the Site, the Department expressly retains all copyright and related proprietary rights in the Content. Accordingly and in consideration of your using the Site, you agree that without the express prior written permission of the Department, you will not, directly or indirectly, in any manner whatsoever: copy or distribute by any means the Content or any portion of it; mirror or include the Content or any portion of it on your own, or another, server or documents; or modify or re-use any portion of the Content. The Department expressly reserves all rights in the Content, and title to the Content remains with the Department, Western, or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Western, store.es.uwo.ca, es-store.sci.uwo.ca, the Western logo, and related marks are all registered and unregistered trade marks of the Department and/or Western and are the valuable property of the Department and/or Western. You agree that you will not reproduce any trade mark of, or imply any endorsement or relationship with, the Department, Western, or its licensors. Other product and company names and logos mentioned or appearing on the Site might be the trademarks or service marks of their respective owners. Nothing contained herein shall be construed as conferring any license or right under any of the Departments or Western’s copyright, patent, trademark or proprietary rights, or those of any third party, whether expressly or by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved to the Department, Western, and its licensors. Western vigorously enforces its intellectual property rights and aggressively prevents their misuse.
USE OF SITE
The Department hereby grants you a non-exclusive, non-transferable license for the term hereof to access and use the Site, solely for your personal use and solely for the purpose of browsing and/or purchasing products offered on the Site and/or checking the status of past orders you have made on the Site. You may not reproduce, modify, distribute, transmit, post or disclose the Content without the Department’s prior written consent.
INTELLECTUAL PROPERTY POLICY
The Department respects the intellectual property of others and expects users of the Site to do the same. At its discretion and in appropriate circumstances, the Department may terminate the accounts of users or prevent access to the Site by users who infringe upon the intellectual property rights of others. The Department makes no claims that the Content is appropriate or may be downloaded outside of Canada or the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside Canada or the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Department will remove any material or Content that infringes the copyright or other intellectual property right of any person. If you believe that your intellectual property right is infringed by any Content on the Site, please write to the Department at the address shown on the Site setting out the particulars of your claim.
THIRD PARTY SITES AND HOTLINKS
Clicking on certain links within the Site will let you leave the Site. The Department provides these links to you only as a convenience, and does not endorse the content on any third party websites, or any site linked to a third party website. The linked sites may not be under the Department’s control. Accordingly, the Department is not responsible for the content of linked third-party sites, sites framed within the Department’s Site, or any third party advertisements. The Department does not make any representations regarding the accuracy, legality, decency or any other aspect of the content of such sites. These sites may contain information or material that some people may find inappropriate or offensive. The Department is under no obligation to maintain any link on this Site and may remove a link at any time in its sole discretion for any reason whatsoever. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. The Department shall not be liable for any damages or costs arising out of or in any way connected with your use of any third party websites accessed through this Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to the Department that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
GRANT OF LIMITED LICENSE
From time to time, the Department may, but is not obligated to, host a discussion forum on this Site. The Department assumes no responsibility for information posted in connection with any such discussion forum. If you submit material to any such discussion forum, or post on the discussion forum, you warrant that the information contained therein is truthful, does not violate the rights or property interests of others, and is not unlawful, threatening, defamatory, vulgar, obscene or otherwise objectionable. You agree that you will not, directly or indirectly, in any manner whatsoever, use any such forum for: solicitation, advertisement or promotion of any business; any activity that is inconsistent with the purposes and intent of Western; or any illegal or unlawful purpose. You declare that the Department may use and reproduce the material so submitted for any purpose and you hereby grant the Department a non-exclusive, perpetual royalty-free license to and for such material. As a condition of submitting materials, you agree to waive any “moral rights” or other rights of authorship that may accrue or have accrued to you under any laws of any jurisdiction. The Department reserves the right to investigate complaints that visitors may make about the content on the Site or the discussion forum. The Department reserves the right to remove any content from the Site, in its sole and absolute discretion, at any time, and to terminate the privilege of any user to post on any discussion forum or to participate in other services offered by the Department or Western if they misuse the posting privilege or violate this Agreement. By continuing to access this Site, and by submitting material to the Department, you agree that you shall have no recourse against the Department or Western for any alleged or actual infringement or misappropriation of any proprietary rights in your communication to it. By submitting material, you confirm your understanding that you will not be entitled to any compensation or other remuneration because of the Department’s use or disclosure of such other similar or identical material. You hereby acknowledge that no fiduciary or confidential relationship exists between you and the Department, either now or by reason of your submitting any information to it, unless you and the Department have made and executed a separate written agreement to the contrary.
DISCLAIMER OF WARRANTIES
While the Department uses reasonable efforts to include accurate and up-to-date information on this Site, it makes no representations as to the truth, accuracy, reliability, usefulness, timeliness and completeness of that information, and you should not rely upon it. The Department does not guarantee that the Content provided will be sufficient or appropriate for every individual or situation. The site and the Content are provided on an “as is, as available” basis, and you use this site at your own risk. The Content may include technical inaccuracies or typographical errors. The information provided may not be suitable or appropriate for you. The Department strongly urges you to contact a representative of the Department before relying on any of the information provided on the Site. When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of the Department and Western. Accordingly, the Department and Western assume no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the site. The Department and Western make no warranty or representation that the site will be available at any particular time or location, or that any defects or errors will be corrected. The Department and Western disclaim all liability for any computer viruses or other disabling computer code that may be loaded into user’s computers when they download documents from this site. You are strongly advised to obtain and use appropriate anti-virus and security software. To the fullest extent permitted by law, the Department and Western disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose nor does the Department or Western make any warranty as to the results that may be obtained from the site.
LIMITATION OF LIABILITY
In no event whatsoever shall the Department, Western, its licensors, or any third parties mentioned on the Site be liable for any damages (including, without limitation, direct, special, indirect, incidental, consequential or punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use (or inability to use) the Site, the Content, the information on or available through this Site, or arising out of any action taken in response to or as a result of any information available on the Site. This limitation applies whether the alleged liability is based on warranty, contract, tort or any other legal theory, and whether or not the Department and/or Western are advised of the possibility of such damages. You hereby waive any and all claims against the Department or Western, and any of their affiliates, agents, representatives and licensors arising out of your use of the Site and the information available on it. You acknowledge that without these limitations, the Department and Western could not provide access to the Site. Some jurisdictions do not permit the exclusion or limitation of liability for incidental or consequential damages. Consequently, the above exclusion or limitation may not apply to you. In such jurisdictions, the Department’s and Western’s liability shall be limited to the maximum extent permitted by law.
CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You expressly agree that any action arising out of or relating to this Agreement shall be filed only in a court located in Ontario and you irrevocably and absolutely consent and submit to the jurisdiction of such courts for the purposes of litigating any such action.
INTEGRATION, SEVERABILITY, AND WAIVER
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between the Department and/or its representatives and you. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
SURVIVAL OF TERMS
These Terms and Conditions apply while you are accessing the Site and while you are in possession, in any form whatsoever, of any Content or any portion thereof. Notwithstanding the foregoing, the provisions set out in this Agreement relating to Proprietary Rights, Use of Site, Intellectual Property Policy, Disclaimer of Warranties, Limitation of Liability and Indemnity shall survive the termination of this Agreement and shall survive thereafter in perpetuity.
TERMINATION/ACCESS RESTRICTION
The Department reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
REFUND POLICY
For any products you order through the Site that are eligible for borrowing and whose cost is indicated as a deposit, you agree to the following terms:
- The product is provided to you as a loan and you must return the product to the Department by the end of the term in which it was loaned to you
- If you fail to return the kit or if the kit is returned damaged or with pieces missing:
- You will forfeit some or all of your deposit, at the Department’s full discretion
- You may be sanctioned with additional consequences, including, but not limited to having your grades withheld, or being forbidden from borrowing/purchasing products from the Site in the future.
- No shipping costs, taxes, or any other fees paid will be refunded to you.
For all other purchases, all sales are final.