Terms & Conditions
By accessing any areas of Javagraba.com you acknowledge the notices, and agree to the terms and conditions, set out below. Javagraba.com offers this web site to you conditioned on your acceptance of these Site Terms without modification. Your use of any of this web site constitutes your acceptance of the Site Terms.
We reserve the right to change or modify any of the Site Terms and the web site itself, at any time. If we decide to change our Site Terms, we will post a new version on our site. Your use of any of the Web site following the posting of changes or modifications to the Site Terms will constitute your acceptance of the revised Site Terms.
Your Account
You are responsible for all activity on your account, including all purchases made by you or anyone you allow to use your account, including your children, other members of your family or friends. This means that, unless your account or credit information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account. You agree to authorize Javagraba.com to charge purchases you make on-line to the credit card you supplied to Javagraba.com when you purchased any products and/or services offered on the Javagraba.com Web site.
Copyrights & Trademarks
All Javagraba.com Web site design, text, graphics and arrangement is © javagraba.com , 2010, except where noted. Javagraba.com Web site and all content provided on the Javagraba.com Web site is protected by copyright, trade-mark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by Javagraba.com and/or its affiliates and related companies. Nothing contained on Javagraba.com Web site should be considered as granting, by implication, estoppel, or otherwise, any licence or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying Javagraba.com and/or its affiliates and related companies or their respective products and services displayed on the Javagraba.com Web site, without the expressed written consent of Javagraba.com or such third party that may own such trade-marks, logos and other names displayed on the Javagraba.com Web site.
Use of Intellectual Property
No information or material from the Javagraba.com Web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials on any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any ownership rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on the Javagraba.com Web site and any content accessed through the Javagraba.com Web site.
You will use the Javagraba.com Web site and any content, material, or information found on the Javagraba.com Web site solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the Javagraba.com Web site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the Javagraba.com Web site. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through the Javagraba.com Web site.
Javagraba.com has no obligation to, and does not and cannot review, every item of material or information that you and users other than yourself make available through the Javagraba.com Web site, and Javagraba.com is not responsible for any of this material or information. However, Javagraba.com reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you, that it deems in its sole discretion, unacceptable, undesirable or in violation of any law.
You hereby grant to Javagraba.com a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute and sub-licence any and all material or information submitted by you to the Javagraba.com Web site and/or to incorporate it in other works regardless of form, medium or technology.
Disclaimer of Warranties & Limitation Of Liability
Javagraba.com AND ITS SUPPLIERS PROVIDE THE PRODUCTS AND/OR SERVICES SOLD BY Javagraba.com ON Javagraba.com Web site AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THE Javagraba.com Web site, ON AN "AS IS" BASIS, EXCEPT FOR MANUFACTURERS' STANDARD WARRANTIES. Javagraba.com, ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE Javagraba.com Web site. neither Javagraba.com NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS NOR ANY OF ITS SUPPLIERS makes any representations or warranties as to the accuracy, TIMELINESS, reliability, TRUTHFULNESS OR completeness OF THE Javagraba.com Web site OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE Javagraba.com Web site, INCLUDING, BUT NOT LIMITED TO, THE contents of any content, information, material, OR posting found on the Javagraba.com Web site, any PRODUCTS AND/OR Services provided through the Javagraba.com Web site, or any links to other sites made available on the Javagraba.com Web site OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE INTERNET OR THE Javagraba.com Web site. NEITHER Javagraba.com NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE Javagraba.com Web site OR ACCESS TO AND USE OF THE Javagraba.com Web site WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. You expressly agree that use of the Javagraba.com Web site is at your sole risk.
INFORMATION PROVIDED ON THE Javagraba.com Web site CONTAINS INFORMATION, REFERENCES AND/OR CROSS REFERENCES TO javagraba.com, ITS AFFILIATES AND RELATED COMPANIES' PRODUCTS AND SERVICES THAT MAY NOT BE AVAILABLE IN YOUR LOCAL AREA AND javagraba.com, ITS AFFILIATES AND RELATED COMPANIES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE AVAILABILITY OF SUCH PRODUCTS AND SERVICES IN YOUR LOCAL AREA AND SUCH REFERENCES DO NOT IMPLY THAT javagraba.com, ITS AFFILIATES AND RELATED COMPANIES INTEND TO PROVIDE SUCH PRODUCTS OR SERVICES IN YOUR LOCAL AREA. Javagraba.com RECOMMENDS THAT YOU CONSULT WITH Javagraba.com FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES WHICH MAY BE AVAILABLE TO YOU IN YOUR LOCAL AREA. WEB SITES ACCESSED VIA LINKS OR OTHER MEANS FROM THE Javagraba.com Web site HAVE, UNLESS OTHERWISE INDICATED, BEEN INDEPENDENTLY DEVELOPED BY THIRD PARTIES.
Under no circumstances, including, but not limited to, negligence, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH shall Javagraba.com or ITS affiliates AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, employees, CONSULTANTS AND AGENTS be liable for any DIRECT, indirect, incidental, special or consequential damages OR ANY LOSS that result from THE FAILURE OR DELAY IN THE DELIVERY OF, OR THE use of, or the inability to use, ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU, AND any content, information, material, OR postings on the Javagraba.com Web site, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither Javagraba.com nor ITS affiliates AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, employees, CONSULTANTS AND AGENTS shall be liable for any defamatory, offensive or illegal conduct of any user, including you.
Miscellaneous Terms
We do our best to provide you with the most up-to-date and accurate information. In the event that an error does occur, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on our Web site
Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as Javagraba.com may determine in any and all actions, disputes, or controversies relating hereto. The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
