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Welcome to Tula Studio Inc.'s web site, www.tulahotyoga.com
(the "Site"). By using the Site, you agree to follow and be bound by the
following terms and conditions concerning your use of the Site ("Terms of Use").
We reserve the right to modify the terms and conditions of the Terms of Use at any time
without notice to you, and these modifications will be effective when they are posted on
this Site. You agree to review this Terms of Use periodically to be aware of these
modifications, and your continued use of the Site following the posting of any modified
terms will be deemed to be your conclusive acceptance of the modified terms and
conditions.
Terms of Use
- Background
- Use of Web Site Information
- Passwords and Security
- Termination of Use
- Third Party Web Sites, Content, Products and Services
- Disclaimer
- Limitation of Liability
- Indemnity
- Applicable Laws
- Copyright/Trademark Information
Terms of Use:
- Background: Tula Studio Inc. ("Tula" or
"We") is a studio offering the following services to its clients: massage,
fitness and esthetics and this is our web site which we use to promote and describe our
services.
- Use of Web Site Information: You may download, view, copy
and print documents and graphics incorporated in these documents (the
"Documents") from this Site subject to the following: (a) the Documents may be
used solely for personal or informational purposes but not for commercial purposes; and
(b) the Documents may not be modified or altered in any way and (c) your use does not
violate the intellectual property of any party. You may not use, download, upload, copy,
print, display, perform, reproduce, publish, license, post, transmit or distribute any
information from this Site in whole or in part without the express authorization of Tula
except where your use constitutes "fair dealing" under copyright law,.
- Passwords and Security: You are responsible for maintaining
the confidentiality of any password(s) you are given to access the Site, and are fully
responsible for all activities that occur under your password(s). You agree to notify Tula
immediately of any authorized use of your password(s).
- Third Party Web Sites, Content, Products and Services: This
Site may provide links to web sites and access to content, products and services from
third parties, including advertisers, users , affiliates and sponsors of the Site and you
agree that Tula is not responsible for the availability of, and content provided on, third
party web sites. You agree to read the policies posted by other Web sites regarding
privacy, terms of use and other topics before you use them and further you agree that Tula
is not responsible for third party content accessible through the Site, including
opinions, advice, statements and advertisements, and understand that you bear all risks
associated with the use of such content. If you choose to purchase any products or
services from a third party, your relationship is directly with the third party and you
agree that Tula is not responsible for the quality of third party products or services and
fulfilling any of the terms of your agreement with the seller, including delivery of
products or services and warranty obligations related to purchased products or services.
Before purchasing any products or services from a third party, you agree to perform a
thorough and independent investigation of said third party. You agree that Tula is not
responsible for any loss or damage of any sort you may incur from dealing with any third
party and you agreement to indemnify and save Tula harmless as provided for in these terms
of use.
- Disclaimer: THIS SITE AND ALL CONTENT, MATERIALS,
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS EXCEPT WHERE EXPRESSLY PROVIDED
OTHERWISE. Tula EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Tula MAKES NO WARRANTY THAT: (A) THE SITE
WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE
OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR
SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN
DISCRETION AND RISK. Tula SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS,
INFORMATION OR SOFTWARE. Tula RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT
ANY TIME WITHOUT NOTICE.
- Limitation of Liability IN NO EVENT SHALL Tula BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF
PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN
CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. Without limiting the generality of the foregoing, Tula
is not liable for any incidental, special, consequential, punitive, aggravated or
exemplary damages, or loss of use, data, business, income or profits, even if Tula has
been advised of the possibility of such claim, loss, damages, liability or expenses by
Customer or others. Customer assumes all responsibility and liability with respect to
mistakes, omissions, interruptions, errors, defects, delays in operation or transmission,
or any failure of performance. The limitations on liability contained in this Agreement
shall survive the termination of this Agreement. Without limiting the generality of the
foregoing, in no circumstances shall Tula's liability to Customer exceed $ 25.00
- Indemnity You agree to defend, indemnify and hold harmless
Tula , its officers, directors, employees and agents from and against any and all claims,
liabilities, damages, losses or expenses, including reasonable legal fees and costs,
arising out of or in any way connected with your access to or use of the Site or your
access to or use of any third party web sites, content, products and services.
- Termination of Use: Tula may, at any time, in its sole and
unfettered discretion, terminate your access to the Site and any account or accounts you
have in connection with the Site and that access to the Site may be monitored by Tula .
- Applicable Laws Canadian federal law or the laws of the
Province of Ontario shall govern all matters relating to your access to, and use of the
Site or your access to or use of any third party web sites, content, products and
services. Any legal action or proceeding relating to your access to, or use of, the Site
shall be instituted in a Federal or Provincial court in Toronto, Ontario. You and Tula
agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in
any such legal action or proceeding.
- Copyright/Trademark Information Copyright © 2007, Tula
Studio Inc All rights reserved.
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