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BEDESSEE IMPORTS LTD.
BEDESSEE IMPORTS INC.
BEDESSEE.COM
TERMS OF USE
THIS IS A LEGAL
AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED
HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT
CAREFULLY BEFORE ACCEPTING ITS TERMS.
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1.
Parties.
The parties to this
Agreement (also referred to herein as “terms of use”) are you, a visitor to
this web site (“You”), and this web site Bedessee.Com owned and operated by
Bedessee Imports Ltd. and Bedessee Imports Inc. ("collectively
“Bedessee”). All references to Bedessee.Com,
“us”, “this web site” or "this site" shall be construed to mean
Bedessee. If the user is not an individual, then “You” means Your
Company, its officers, members, agents, successors and assigns.
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2.
Agreement
To Terms of Use And Amendment.
In consideration of Your
use of our services, You agree to: (a) provide true, accurate, current and
complete information about Yourself as prompted by registration forms; and
(b) to maintain and update this information to keep it true, accurate,
current, and complete. Bedessee grants a non-exclusive,
non-transferable, and revocable license to You and provides the services
available at this site to You subject to the following terms and
conditions. WE MAY AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME
WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE
TERMS AND CONDITIONS AT ANY TIME AT THIS SITE. In addition, when using
particular services in this site, guidelines or rules may be posted which are
applicable to Your use of those services. Your use of this site and
Your relationship with Bedessee are subject to all guidelines or rules that
may be posted from time to time on the site, which are all incorporated by
reference into this agreement. By using this site, You are agreeing to
be bound by all of the terms and conditions of the most current version of
the terms of use agreement and any guidelines and rules posted on this
site. If You do not agree to be bound by this agreement, do not use
this site.
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3.
Membership
Eligibility and Account Responsibilities.
Our Services are only
available to individuals who can form legally binding contracts under
applicable law. To be an eligible member of Bedessee.Com, You as the
user must provide Bedessee with Your legal first and last name, billing
address, city, province or state, country, postal code, and e-mail address.
Should You knowingly falsely supply any of the required information, Your
account shall be terminated immediately with or without prior notice.
You should make every reasonable effort to safe guard Your user name and
password from unauthorized use. Bedessee is not responsible for any
unauthorized use of Your account. We have the right to terminate Your
account at any time if we have any reason to believe that You have misused
Your account.
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4.
Prohibited
Conduct.
You agree (i) not to use
this site to upload or distribute in any way files that contain viruses,
corrupted files, or any other similar software or programs that may damage
the operation of another's computer; (ii) not to interfere or disrupt this
site or any networks connected to this site; (iii) not to use any device,
software or routine or attempt to interfere with the proper functioning of
this site or any transactions being offered at this site; (iv) not to take
any action that imposes an unreasonable or disproportionately large load on
Bedessee.Com infrastructure; (v) not to use this site to collect or harvest
personal information, including, without limitation, financial information,
about other participants at this site; and (vi) not to impersonate any person
or entity or falsely state or otherwise misrepresent Your affiliation with a
person or entity. You agree not to use the services, products, or
downloads available at this site for illegal purposes, and to comply with all
regulations, policies and procedures of networks connected to this site.
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5.
Indemnification.
You are solely responsible
for any content You provide, and we merely act as a passive conduit for Your
online distribution and publication of Your information. However, we
may unilaterally take any action with respect to Your content if we believe
it may create liability for us or may cause us to lose (in whole or in part)
the services of our Internet Service Provider or other suppliers. You
agree to release, indemnify, defend and hold harmless Bedessee, their
subsidiaries, affiliates, officers, directors, employees, servants, agents
and advisors, from and against any and all losses, liabilities, claims
(including claims without legal merit or brought in bad faith), demands, damages,
costs or expenses, causes of action, suits, proceedings, judgments, awards,
executions and liens, solicitors’ or including reasonable attorneys' fees and
costs (whether brought by third parties or otherwise) (collectively,
"Claims") due to or arising out of Your use of or conduct on this
Web Site or the service including any use contrary to these terms of
use. Bedessee reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by You hereunder, and in such event, You shall have no further obligation to
provide indemnification for such matter.
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6.
Copyright.
All content included on
this site, such as text, graphics, logos, button icons, images, audio clips,
and software, is the property of Bedessee or its content suppliers and
protected by Canadian, U.S. and international copyright laws. The compilation
(meaning the collection, arrangement, and assembly) of all content on this
site is the exclusive property of Bedessee and protected by Canadian, U.S. and international copyright laws. All software
used on this site is the property of Bedessee or its software suppliers and
protected by Canadian, U.S. and international copyright laws. The content and
software on this site may be used as a shopping resource. Any other
use, including any use that could adversely affect Bedessee, their
subsidiaries, affiliates, officers, directors, employees, servants, agents,
advisors or the reproduction, modification, distribution, transmission,
republication, display, or performance, of the content on this site is
STRICTLY PROHIBITED.
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7.
Representations
and Warranties.
The products obtained
through the use of or in connection with this site may or may not carry
warranties from the manufacturers of those products. If such
manufacturer warranties exist, they are the only warranties applicable
to such products. Bedessee does not warrant that the site contains
comprehensive information on any product or any categories of products
whatsoever. The service and this site, including any content or
information contained within it is provided "as is" and "as
available" with no technical support or representations or warranties of
any kind, either expressed or implied, including, but not limited to, implied
warranties or conditions of merchantability, fitness for a particular
purpose, system integration, title and non-infringement. In particular,
but without limitation, Bedessee does not warrant that the service will be
uninterrupted or error-free, that defects will be corrected, or that this
site or the server that makes it available is free of viruses or other
harmful components. Bedessee does not warrant or make any
representations regarding the use or the results of the use of the materials
in this site, in terms of its correctness, accuracy, timeliness, reliability
or otherwise. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT
LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.
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8.
Calling
Card PINs.
All telecommunications
services used in connection with Phone Cards we supply are provided by the
underlying carriers of those telecommunications services. We are
resellers only of the phone cards we provide on this web site.
Therefore we are neither responsible for nor do we have any control over the
billing of the calling cards. All calling cards provided on the web
site are non refundable, non transferable and non exchangeable. The
risk of loss of all personal identity numbers (“PINS”) purchased through this
web site shall pass to customer immediately upon purchase and customer shall
assume all risk of loss. Bedessee shall not be obligated to provide
credits or refunds (in any form or amount) for lost or stolen PINS, misused
PINS, unauthorized or fraudulent use of PINS, or for PINS that have unused or
expired minutes.
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9.
Expiration.
All prepaid cards shall
have an expiration date linked to the date of purchase, at which point it
shall expire automatically. The expiration date is communicated to You
along with Your PIN Number and Access Number immediately following
purchase. Any unused minutes or value shall be forfeited upon
expiration.
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10.
Limited
Liability.
Bedessee and their
subsidiaries, affiliates, officers, directors, employees, servants, agents
and advisors shall not be liable for any loss of business, loss of use or of data,
interruption of business, lost profits or goodwill, or other indirect,
special, incidental, exemplary or consequential damages of any kind arising
out of this agreement, even if they have been advised of the possibility of
such loss and whether or not they had any knowledge, actual or constructive,
that such damages might be incurred, and notwithstanding any failure of
essential purpose of any limited remedy. This exclusion includes any
liability that may arise out of third-party claims against You.
You further agree that if You become entitled to any recovery, Your recovery
shall be limited to the amount of fees or payments made to Bedessee, if any,
for the service, software or content at issue.
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11.
Applicable
Law and Forum.
This site is created and
controlled by Bedessee in the Province of Ontario, Canada. As such, the
laws applicable in the Province
of Ontario and no others will govern these disclaimers, terms,
conditions, as well as the legal relationship between us. By accepting
these terms of use You agree that all disputes shall be subject to the
exclusive jurisdiction of the courts having jurisdiction within the Province
of Ontario. By accepting these terms of use You attorn to the
jurisdiction of such courts.
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12.
Severability.
If any provision of this
Agreement is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced and remain in full
force and effect.
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13.
Strict
Performance.
The failure of either
party to insist upon or enforce strict performance by the other party of any
provision of the Agreement or to exercise any right under the Agreement will
not be construed as a waiver or relinquishment to any extent of such party's
right to assert or rely upon any such provision or right in that or any other
instance.
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14.
Headings.
The headings in this
Agreement are provided for convenience only and form no part of this
Agreement. They are not intended to affect the construction of the
Agreement, which the parties desire to be given a broad and liberal
interpretation
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