AGREEMENT BETWEEN THE END-USER AND DEAR RICKY
Dear Ricky is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Dear Ricky constitutes your agreement to all such terms, conditions, and notices.
WEBSITE MODIFICATIONS
You acknowledge and agree that Dear Ricky reserves the right at any time to modify or discontinue the whole, or any part of, our website and services, without notice to you, and that we will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
TERMS OF USE MODIFICATIONS
Dear Ricky reserves the right to change terms, conditions, and notices, under which our site is offered, including but not limited to the charges associated with the use of Dear Ricky.
ERRORS OR INACCURACIES
Dear Ricky employs its reasonable efforts to provide current and accurate information, but will from time to time contain errors or inaccuracies. We make no representation or warranty whatsoever regarding the accuracy of the information accessible on or through our website, in particular any information regarding rebates, discounts, deals, or other promotions for any product or service. Dear Ricky cannot guarantee that goods or services advertised will be available on any terms and conditions (including price) described on or through our website at any time. Furthermore, we reserve the right to change the content available on and through our website at any time without notice and without incurring any liability to you or any other person.
LINKS TO THIRD-PARTY WEBSITES
Dear Ricky may contain links to other websites. Such websites are not under our control and we are not responsible for the contents of any linked website, including without limitation any link contained in a linked website, or any changes or updates. Dear Ricky is not responsible for webcasting or any other form of transmission received from any linked website. We are providing these links only as a convenience, and the inclusion of any link does not imply our endorsement or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Dear Ricky, you warrant to us that you will not use our website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use our website in any manner which could damage, disable, overburden, or impair Dear Ricky, or interfere with any other party’s use and enjoyment of our website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Dear Ricky.
MATERIALS PROVIDED OR POSTED TO DEAR RICKY
Dear Ricky does not claim ownership of the materials you provide to us, including posts, uploads, or input to our website or its associated services. However, by posting, uploading, or inputting, you are granting us permission to use your submission in connection with the operation, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat it; and publish your name in connection with it.
No compensation will be paid with respect to the use of your submission, as provided herein. Dear Ricky is under no obligation to post or use any submission you may provide and may remove any submission at any time under our sole discretion.
By posting, uploading, or inputting, you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to post, upload, or input.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH DEAR RICKY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DEAR RICKY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN OUR WEBSITE AT ANY TIME. ADVICE RECEIVED VIA DEAR RICKY SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
DEAR RICKY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OUR WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DEAR RICKY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEAR RICKY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR WEBSITE, WITH THE DELAY OR INABILITY TO USE IT OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH OUR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF IT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF DEAR RICKY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME PROVINCES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING DEAR RICKY.
TERMINATION/ACCESS RESTRICTION
Dear Ricky reserves the right, in its sole discretion, to terminate your access and the related services or any portion thereof at any time, without notice.
COPYRIGHT AND TRADEMARK NOTICES
All contents of Dear Ricky are: Copyright © 2011 Ricky Wai Kit Tsang, and/or its suppliers. All rights reserved. Any copying, republication, or redistribution of such content, including by caching, scraping, framing, or similar means is expressly prohibited without the prior written consent of a duly authorized representative of Ricky Wai Kit Tsang.
TRADEMARKS
Dear Ricky is a registered business name and trademark. All other products, services, brands, company names, and logos used on our website are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on our website without the express written consent of Dear Ricky or the owner of the mark, as appropriate, is strictly prohibited.
The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
GOVERNING LAW AND JURISDICTION
Dear Ricky controls and operates from its office in Ajax, Ontario and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all services and other materials found on our website are solely directed to individuals, companies, or other entities located in Canada. If you use our website from outside of Canada, you are entirely responsible for compliance with applicable local laws. This agreement, your use of our website, and all related matters shall be governed solely by the laws of the province of Ontario, Canada, and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the province of Ontario in the town of Ajax in relation to all disputes arising from or related to this agreement, your use of our website, and any related matters.
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