terms of use
LAST UPDATE: November 2, 2006
1. Acceptance of Terms
These Terms of Use (the “Terms”) apply to all users of the GWEV Publishing website, and to all products, services, resources, information, materials and other content available on the site (which we collectively refer to in these Terms as the “Content”).
These Terms incorporate by reference the GWEV Publishing Privacy Policy, which is located at http://www.gwevpublishing.com/privacy_policy.php.
THESE TERMS CONTAIN CERTAIN INDEMNITIES, LIMITATIONS OF LIABILITY AND RESTRICTED WARRANTIES. BY ACCESSING THE WEBSITE, YOU ARE DEEMED BY US TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY AND TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITE.
2. Electronic Communications
When you visit www.gwevpublishing.com, or any pages thereof, send e-mails to GWEV Publishing, or submit information to GWEV Publishing, you are communicating electronically. You consent to receive communications from GWEV Publishing electronically. GWEV Publishing will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that GWEV Publishing provides to you electronically satisfies any legal requirement that such communications be in writing.
3. Copyright
Copyright © 2006, GWEV Publishing, Inc. All Rights Reserved. All Content on this site, including, without limitation, text, documents, notes, case studies, brochures, graphics, logos, button icons, images, design elements, products, software, text, audio, music, and all other materials originated or used by us at the website, is the property of GWEV Publishing or its content suppliers and protected by Canadian laws and international treaties. The compilation of all Content on this site is the exclusive property of GWEV Publishing and protected by Canadian law and international treaties. You may not modify, copy, reproduce, publish, upload, post, transmit, distribute, or commercially exploit in any way any Content.
Any feedback provided to us regarding the website or its Content may be used by us without restriction or accounting to you, including our utilization of such feedback in products, services or marketing or other collateral. GWEV Publishing will not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we ask that you do not send us any such materials. If, despite this request, you do send us creative materials or other information, you agree not to assert any ownership right of any kind in your submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit.
4. Trademarks
“GWEV Publishing”, “GWEV Publishing, Inc.”, “SERA BOOKS”, the SERA BOOKS logo, and the GWEV Publishing logo are trademarks of GWEV Publishing, Inc. and may be registered in certain jurisdictions. Other GWEV Publishing graphics, logos, page headers, button icons, scripts, product names, and service names are trademarks or trade dress of GWEV Publishing. All other trademarks not owned by GWEV Publishing that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GWEV Publishing. The display of trademarks and trade names on this site does not convey or create any license or other rights in these marks or names. Any use of them is strictly prohibited. All Rights Reserved.
5. License and Site Access
GWEV Publishing grants you a limited license to access and make personal use of this site but not to download its Contents (other than page caching) unless otherwise expressly permitted by GWEV Publishing. This license does NOT include and expressly prohibits: (i) any resale or commercial use of this site or its contents; (ii) any collection or use of any product listings, descriptions, or prices; (iii) any derivative use of this site or its Contents; or (iv) any use of data mining, robots, spiders, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GWEV Publishing without express prior written consent. You may not use any meta-tags or any other "hidden text" utilizing GWEV Publishing’s name or trademarks without the express written consent of GWEV Publishing. Any unauthorized use terminates the permission or license granted by GWEV Publishing.
You may print, in hard copy, those portions of this website only for the purpose of placing an order with GWEV Publishing. The use of any such material for any other reason or the modification, distribution or republication of this material without the express written consent of GWEV Publishing is strictly prohibited.
6. Additional Terms
Your use of certain resources made available on the site or your participation in certain transactions on the site (such as on-line purchases) may be subject to additional terms and conditions, which we will make available to you prior to or at the time you access these resources or conduct these transactions.
7. Your Account
In the event you create or are provided with an account in order to utilize certain restricted portions of the site, in consideration of permitting you access to such portions of this site (the “Service”), you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or GWEV Publishing has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GWEV Publishing has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
8. Product Descriptions
GWEV Publishing attempts to be as accurate as possible. However, GWEV Publishing does not warrant that product descriptions or Content of this site is accurate, complete, reliable, current, or error-free.
9. Third Party Sites and Products
GWEV Publishing may provide links to various third party websites solely as a convenience for our users and these Terms DO NOT apply to such sites. These sites are not under GWEV Publishing’s control or direction and GWEV Publishing has not reviewed them. GWEV Publishing does not endorse or sponsor, and is not responsible or liable for, the contents, products or services available at any such linked site or the practices of these websites (including without limitation, their privacy and data gathering policies and practices). You assume all risk of use thereof.
From time to time GWEV Publishing may offer third party products and services for purchase by users. These products and services are subject to the policies, representations and warranties that those third parties generally provide to their customers with respect to such products and services and GWEV Publishing provides no representations or warranties whatsoever regarding them.
10. Disclaimer of Warranties and Limitation of Liability
THIS WEBSITE IS PROVIDED BY GWEV PUBLISHING ON AN "AS IS" AND "AS AVAILABLE" BASIS. GWEV PUBLISHING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR ITS CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GWEV PUBLISHING AND GWEV PUBLISHING’S SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE AS TO THE WEBSITE OR THE CONTENT OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, GWEV PUBLISHING DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, THE CONTENT, OR E-MAIL SENT FROM GWEV PUBLISHING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCTS OR SERVICES PURCHASED FROM THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR PROVIDE ANY PARTICULAR RESULTS.
NEITHER GWEV PUBLISHING NOR GWEV PUBLISHING’S SUPPLIERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE) INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE WEBSITE, WEBSITE CONTENTS OR ANY PRODUCTS OR SERVICES; (2) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR SUBMISSIONS OR DATA OR DAMAGES ARISING FROM DISCLOSURE BY YOU OF ANY INFORMATION ON THE WEBSITE; OR (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE. WE ARE ALSO NOT RESPONSIBLE FOR DAMAGES TO OR CLAIMS BY THIRD PARTIES.
CERTAIN LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE LIMITED WARRANTY, EXCLUSIVE REMEDIES AND LIMITED LIABILITY SET OUT IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. GWEV PUBLISHING WOULD NOT BE ABLE TO PROVIDE ACCESS TO THIS WEBSITE OR ITS ASSOCIATED PRODUCTS OR SERVICES ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS.
11. Indemnity
You agree to indemnify and hold GWEV Publishing, and its subsidiaries, affiliates, officers, agents, partners, directors and/or employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising directly or indirectly out of or from your activities in connection with this website or its Content, including, without limitation, your violation of these Terms or your violation of any rights of another.
12. Cooperation with Authorities
GWEV Publishing reserves its rights to disclose any information as necessary to satisfy any law, regulation, or governmental request, or to investigate suspected violations of these Terms, including the gathering of information from the user(s) involved and the complaining party, if any, and examination of material on GWEV Publishing servers and network. Violations of these Terms may subject you to criminal or civil liability or other legal action. You consent to and authorize GWEV Publishing, its affiliates and agents to cooperate with: (i) law enforcement authorities or governmental agencies in the investigation of suspected violations of applicable law; and (ii) system administrators or other Internet service providers or other network or computing facilities to enforce these Terms. Such cooperation may include provision of usernames, IP addresses, or other identifying information. GWEV Publishing may terminate, without notice, your access and use of this website and or the purchase of products and services from GWEV Publishing and/or its suppliers, if, in GWEV Publishing’s sole discretion, you have violated these Terms.
13. Changes
GWEV Publishing reserves the right to change these Terms at its sole discretion and without notice. Changes are effective on the date they are posted (which you can determine by looking at the top of this page). GWEV Publishing recommends that you print a copy of these Terms for future reference and revisit these Terms from time to time to ensure you are aware of any changes. Your continued use of the site signifies your acceptance of any changed Terms.
14. Governing Law
GWEV Publishing controls the website (excluding third party linked sites) from its corporate offices within the province of Ontario, Canada. By visiting www.gwevpublishing.com, you agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and GWEV Publishing. Choice of law principles and the United Nations Convention for the International Sale of Goods and any legislation implementing such Convention are hereby expressly excluded. You consent and submit to the non-exclusive jurisdiction of Ontario courts and waive trial by jury, except to the extent a waiver of a jury trial is not permitted by applicable law.
GWEV Publishing makes no representation that the website or Content are appropriate or available for use in other locations. Accessing the website or Content from jurisdictions where they are illegal is prohibited. If you choose to access this website from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction.
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the website and its Content and your purchase of any products or services. The Content and/or products and services available through the website may be subject to Canadian export controls.
15. Survival
In the event of termination of your access to or use of the website or its Content, the provisions respecting your representations, warranties and indemnities; GWEV Publishing’s Disclaimer of Warranties and Limitations of Liability; Governing Law; Copyrights; and Trademarks will survive unless waived in writing by GWEV Publishing.
16. Severance
If any provision of these Terms will be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms, will not affect the validity and enforceability of any remaining terms and will be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. The section titles are for convenience only. Our failure to enforce these Terms, for whatever reason, will not be construed as a waiver of any right to do so at any time.
17. Shipping Charges; Taxes
The cost and method of shipping selected will be your responsibility. Separate charges for shipping and handling, if and when applicable, will be shown on this website and or the GWEV Publishing’s invoice(s).
Unless you provide GWEV Publishing with a valid and correct tax exemption certificate applicable to the product ship-to location prior to GWEV Publishing's acceptance of the order, you are responsible for all taxes and duties associated with the order, however designated, except taxes on GWEV Publishing’s net income.
18. Currency; Prices
All products are priced in Canadian dollars. Prices are subject to change without notice.
19. Title and Risk of Loss
Title to and risk of loss of products purchased on this site will pass from GWEV Publishing to you at the time the products leave GWEV Publishing's Canadian warehouse. You will be responsible for all loss or damage to the products that occurs during shipping. Ship dates are estimates only. GWEV Publishing is not liable for delays in shipment or failure to ship by the estimated ship date.
20. Not For Resale
You agree and represent that you are buying the products for your own personal use, and not for resale. GWEV Publishing has separate terms and conditions governing the reselling and distribution by third parties of its products and services.