2. Modifications. Agnes reserves the right to modify the Terms at any time. You should review the Terms regularly. By accessing or using this Site after any such modifications, you agree to be bound by, and comply with, the Terms then posted. If any modification is not acceptable to you, you must cease accessing and using this Site.
3. Legal and other Advice Not Provided. The Content does not (in whole or in part) constitute legal, accounting or other professional advice. The Content should not be relied upon as accurate, reliable, complete, current, timely, or fit for any particular purpose, without receiving advice from a lawyer, accountant or other relevant professional, as applicable. In addition, neither Agnes nor any Agnes Personnel practise, nor do any of them purport to practise as lawyers, accountants, valuators, actuaries, investment bankers, financial advisors, insurance brokers, adjusters or underwriters, private investigators, credit analysists, tax filers, law enforcement or emergency advisors, or medical or health practitioners, or any other provider of services of a similar nature. None of the Content is, nor will any of the Content be construed as being, in any way whatsoever legal, accounting, valuation, actuarial, investment banking, financial advisory, insurance advisory, adjustment or underwriting, private investigation, credit analysis, tax filing, law enforcement or emergency advisory, or medical or health related advice or any other advice of a similar nature. No one should act, or not act, on the sole basis of the Content.
4. Account and Billing Information. In order to purchase Agnes Products, you must provide us with a valid, current, complete, and accurate method of payment acceptable to us (in our sole discretion), as indicated on the applicable page of this Site (the “Payment Method”). You will be required to provide us with all details of the Payment Method requested by us or this Site and update and correct such details with us so that the Payment Method is at all times valid, current, complete, accurate, and acceptable to us. Your billing address must be the same as the shipping address. You acknowledge and agree that we may store and use the information you provide for use in maintaining and billing fees to your payment method.
5. All Sales Final. Unless otherwise expressly stated in the Terms, to the fullest extent permitted by applicable law, all sales of Agnes Products are final, Agnes Products are not returnable after purchase, and refunds will not be provided in respect of any purchased Agnes Products.
6. Currency of Content. The Content is provided for informational purposes only. The Content is current as of the date of first publication but may no longer be accurate as a result of the passage of time.
7. Communications Not Confidential. Agnes does not guarantee the confidentiality of any communications made by you via email or otherwise through this Site. If you wish to provide information of a confidential or sensitive nature to Agnes Personnel, please contact a lawyer or other professional directly by telephone.
8. Permitted Uses. You may access and use this Site and the Content only in accordance with all applicable laws and the Terms. Subject to the Terms, Agnes grants to you a non-exclusive, non-transferable, and revocable licence to access and use this Site and the Content only to display and save on your own computer, download and print a copy of the Content for your use, provided that the Content is not modified ("Permitted Uses"). By accessing or using this Site or the Content, or by displaying, saving, downloading or printing a copy of any Content, you do not acquire any other right or licence to this Site or the Content. All rights not expressly granted by Agnes are expressly reserved by Agnes.
9. Linking. Where you provide a link to this Site from another website, Agnes reserves the right to require you to disable such link. This Site may, for convenience, provide links to websites of other parties. The content in any website to which this Site provides a link is not provided by, or under the control of, Agnes, and if you choose to access any such website, you do so entirely at your own risk. Neither Agnes nor any Agnes Personnel endorses or republishes any content contained on any website that links to, or may be linked from, this Site or provides any representation, warranty, or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such website or the content thereon.
10. Prohibited Activities. You may not access this Site or use this Site or the Content in any way or for any purpose that is unlawful or that contravenes the Terms. Without the prior written consent of Agnes, you may not access this Site or use this Site or the Content for any purpose that is outside the scope of the Permitted Uses, or that violates the rights of Agnes, any Agnes Personnel or any other person. Without limiting the foregoing, without such consent, you may not engage in, or perform, directly or indirectly, any of the following activities with this Site or the Content or any portion thereof: (a) making available, distributing, displaying, posting, disseminating, publishing, republishing, re-transmitting, communicating to the public, or broadcasting; (b) creating a derivative work, modifying, translating, selecting, arranging, merging, compiling, or otherwise combining with other data or other content or framing from or on another website; (c) scraping, whether screen scraping, database scraping, or any other activity intended to collect, store, reorganize, summarize, or manipulate any Content, whether by an automatic program or a manual process; (d) selling, licensing, sublicensing, or engaging in any other commercial transaction relating to this Site, the Content or any reproduction of all or any portion thereof in any medium; (e) decompiling, disassembling, reverse engineering, or other exploitation of this Site, its architecture or the underlying software or code; and (f) any activity that is outside the scope of activity permitted by the Terms. To seek permission in respect of any activity with this Site or the Content that is not permitted by the Terms, please contact us directly via email at email@example.com.
11. Copyright of Agnes. Any and all Content, including any and all: (i) text, data, and other literary works; (ii) logos, designs, graphics, images, photographs, artwork, and other artistic works; (iii) musical works and other sounds; (iv) videos and all audio-visual works; (v) performances; (vi) other materials; (vii) selections, arrangements, compilations, modifications, and enhancements of all of the foregoing; (viii) software, including program code that may execute on this Site's servers or that may be embedded or be downloadable from individual webpages on this Site; and (ix) the architecture and layout of this Site and webpages thereon, is protected by copyright owned by, or licensed to, Agnes.
12. Trade-marks of Agnes. The following trade-marks and all script and design variations thereof are trade-marks of Agnes and/or its affiliates: CRISIS READY™ and AGNES+DAY™. Any and all trade-marks, corporate names, business names and other trade names of Agnes, including the foregoing, and all logo, word, script or design versions thereof, in each case regardless of whether registrable or not, owned or used by Agnes, are trade-marks of Agnes and/or its affiliates (the “Agnes Marks”). Other trademarks, service marks, graphics, and logos used in connection with this Site or the Content may be the trademarks of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, including the Agnes Marks, or any use thereof. All rights are reserved.
13. Risks You Assume. Access to, and use of, this Site and the downloading of Content are done at your own risk. Agnes does not represent, warrant, or guarantee that this Site or the Content is compatible with your computer systems or that this Site or the Content is or will be free of viruses, worms, trojan horses, or disabling devices or other code that manifests contaminating or destructive properties or has harmful effects. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs, or connections of and to your computer system that may be necessary as a result of your use of this Site.
14. DISCLAIMER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACCESS TO, AND USE OF, THIS SITE OR THE CONTENT IS AT YOUR OWN RISK. NEITHER AGNES NOR ANY AGNES PERSONNEL MAKES ANY REPRESENTATION, WARRANTY, OR CONDITION ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR RELATED RIGHTS, OF THIS SITE OR THE CONTENT. NEITHER AGNES NOR ANY AGNES PERSONNEL ASSUMES ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THIS SITE OR THE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, AGNES AND AGNES PERSONNEL DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND AND ANY AND ALL LIABILITY WITH RESPECT TO THIS SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS, OR THAT THIS SITE OR THE CONTENT WILL MEET ANY PERSON'S NEEDS OR WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME OR WILL BE UNINTERRUPTED OR ERROR-FREE.
15. LIMITATION OF LIABILITY. IN NO EVENT WILL AGNES OR ANY AGNES PERSONNEL BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, TANGINBLE OR INTANGIBLE HARM, IRREPERABLE HARM, LEGAL FEES, OR ANY LOSS OF ANY KIND WHATSOEVER, OR OTHER LIABILITIES, WHETHER OR NOT AGNES OR ANY AGNES PERSONNEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THIS SITE OR THE CONTENT.
16. General Provisions. The Terms, including any documents referenced herein, constitute the entire agreement between Agnes and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Agnes with respect to this Site or the Content. A printed version of the Terms and of any notice given in electronic form will be admissible in judicial administrative or arbitral proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any failure by Agnes to insist upon or enforce strict performance of any provision of the Terms will not be construed as a waiver of any provisions or right. If any of the provisions contained in the Terms are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein or the affected provision in a jurisdiction outside the jurisdiction of such court.
17. Governing Law. The interpretation, validity, effect, and enforcement of the Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. These laws apply to the access and use of this Site or the Content by you, notwithstanding any conflicts of laws principles, your domicile, residency, or physical location, or the location of the Agnes office or any Agnes Personnel with whom you may communicate or deal. This Site and the Content are intended for use only in jurisdictions where they may lawfully be provided for use.
18. Disputes. Any and all disputes arising out of or in connection with the Terms, or in respect of any legal relationship associated with or derived from the Terms, shall be governed by the substantive laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You hereby consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and the Federal Court of Canada in the City of Toronto in any such action or proceeding and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court.
19. Equitable Remedies. In the event that Agnes determines that any breach or other violation of the Terms, or any violation of the intellectual property, privacy, or other rights of Agnes or any Agnes Personnel, does or will result in immediate or irreparable harm to Agnes or the applicable Agnes Personnel, Agnes and the applicable Agnes Personnel may seek relief in the way of interim, temporary and permanent injunctions and such other and further relief as a court may deem just and proper.