INTRODUCTION
Welcome to Conrad's Beach. Please review the following Terms & Conditions of
use, which govern your use of this
website and all other sites, services, and tools where these Terms & Conditions appear or are linked
(collectively, the "Sites"). As used in these Terms & Conditions, "xHighway Web Services,"
"us," or "we" refers to xHighway Web Services,
and its affiliates.
Use of the Site constitutes your agreement to follow and be bound by these Terms & Conditions. We reserve the right to change
these Terms & Conditions from time to time without prior notice. When we make changes, we will publish them here.
For this reason, we encourage you to review these Terms & Conditions periodically when you use the Site. If at any time
you do not accept all of these Terms & Conditions, you must immediately stop using the Site.
SITE CONTENT
The Site, all contents on the Site, including names, logos, images, illustrations,
designs, icons, photographs, written materials,
and video and audio clips, and all intellectual property rights in such contents (collectively, the "Contents") are owned,
controlled, or licensed by xHighway Web Services
All intellectual property rights in the Contents are expressly reserved.
You may download or copy the Contents of this Site for your personal use only and only to the extent you do not modify or
alter the Contents, delete or change any copyright or trademark notice, or violate these Terms & Conditions.
No right, title, or interest in any Contents is transferred to you as a result of any such downloading or copying.
Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Contents for any commercial purpose,
whether on behalf of yourself or on behalf of any third party, is prohibited.
USER COMMUNICATIONS
xHighway Web Services welcomes your comments, ideas,
suggestions, and other content submitted through or to the Site,
and through social media applications, e-mail, telephone, or mail ("User Content") as long as the User Content complies
with these Terms & Conditions.
You agree that xHighway Web Services is under no
obligation to treat any User Content as confidential or proprietary or to
pay for or respond to any User Content. For any User Content you submit, you grant
to xHighway Web Services a non-exclusive,
sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable
right and license to use, display, perform,
transmit, copy, modify, delete, adapt, publish, translate, create derivative works from,
sell and distribute such User Content, and
to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world,
all without compensation to you. You also grant to xHighway Web Services
the right (but not the obligation) to use the name that you
submit in connection with any User Content. For these reasons, do not send us any User
Content if you do not wish to license it
to us or do not want us to use your name. We are not responsible for the use or disclosure
of any personal information that you
voluntarily disclose in connection with any User Content you submit. You represent and
warrant that you have all rights necessary
for you to grant the licenses granted in this section.
You agree that any User Content you submit will be accurate, will not violate any law,
will not violate any right of a third party,
including copyright, trademark, privacy, or publicity rights, and will not cause injury
to any person or entity. You further agree
not to submit any User Content that contains or provides links to material that is obscene,
profane, lewd, violent, or threatening
or that contains viruses, malware, political campaigning, commercial solicitation, or any
form of "spam". You agree not to use a
false e-mail address, pretend to be someone other than yourself, or otherwise mislead
xHighway Web Services or third parties as to the
origin of any User Content. You are solely responsible for the User Content you submit
and agree to indemnify us for all claims resulting
from any User Content submitted by you. You acknowledge and agree that we reserve the right
(but have no obligation) in our sole
discretion to monitor, edit, and remove User Content. xHighway Web Services
assumes no liability for any User Content submitted by
you or any third party.
LINKS TO OTHER WEBSITES
Links may be established from the Site to external websites operated by third parties.
Your use of these third party websites is
at your own risk. xHighway Web Services makes no warranties or representations about
any third party websites and is not responsible or
liable for such websites, their content, products, privacy settings, terms, or other
materials on or available from them.
It is your responsibility to review and understand the terms, policies, settings, and
functions of any third party website.
PRODUCT INFORMATION
The display of an item on the Site is not a guarantee that the item is in stock or that it will be available when you visit the
Site at a later date. If you have questions about the availability of a particular item, call us at 1-519-344-1724.
Our Customer Care Team will make every effort to assist you. The prices quoted are in Canadian dollars and are subject to
change. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that
may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors,
inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at
any time without prior notice (including after you have submitted your order). If you find an error, inaccuracy, or omission
relating to a product you purchased your sole remedy is to return it in unused condition.
PERSONAL INFORMATION
Your submission of personal information to or through the Site is also governed by the
Privacy Policy. These Terms & Conditions
incorporate by reference the terms and conditions of the Privacy Policy.
DISCLAIMER OF WARRANTIES AND LIABILITY
THE SITE AND ANY CONTENT AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS.
xHighway Web Services MAKES NO
REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE
INFORMATION, CONTENT, AND MATERIALS,
INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW,
xHighway Web Services DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT
xHighway Web Services SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS,
OR EXPENSES, INCLUDING GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, RELATED TO USE
OF THE SITE.
INDEMNIFICATION
You agree to defend and indemnify xHighway Web Services
from and against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the Site, including any User Content submitted by you, and any breach by
you of these Terms & Conditions.
APPLICABLE LAW AND DISPUTE RESOLUTION
This site is created and controlled by xHighway Web Services
in the Province of Nova Scotia, Canada. These Terms & Conditions shall be construed
in accordance with the laws of the Province of Ontario, without regard to any conflict
of law provision. Any dispute relating to
or arising out of these Terms & Conditions or the Site shall be resolved exclusively by the province and/or federal courts in
the Province of Ontario. You hereby consent to and waive all defenses of lack
of personal jurisdiction and forum non conveniens
with respect to venue and jurisdiction in the provincial and federal courts of Ontario.
TERMINATION
These Terms & Conditions are effective unless and until terminated by
either you or xHighway Web Services. You may terminate these
Terms & Conditions at any time provided you cease further use of the Site. We also may terminate these Terms & Conditions at any
time without notice and, accordingly, may deny you access to the Site if, in our sole judgment, you fail to comply with any
provision of these Terms & Conditions. The obligations and liabilities of the parties incurred prior to the termination date
shall survive the termination of these Terms & Conditions for all purposes.
