WEBSITE TERMS AND CONDITIONS OF USE
THESE WEBSITE TERMS AND CONDITIONS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE.
Last Update: [June 14, 2010]
Use and Restrictions
You must not, directly or indirectly, print, copy, reproduce, save onto your own computer, modify, translate, merge with other data, frame in another website, post on another website, or otherwise use the Content for any public, commercial or non-personal purpose. You must not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense the Content to another individual or entity.
7-ELEVEN and its licensors, licensees, affiliates or subsidiaries and each of their respective directors, officers, employees and agents are not responsible or liable, directly or indirectly, in any way for the accuracy, relevancy, completeness or timeliness of the Content. You agree that all risk associated with your use of, or reliance on, any Content rests with you. You further agree that 7-ELEVEN and its licensees, affiliates or subsidiaries and each of their respective directors, officers, employees and agents shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any Content.
Intellectual Property Rights
The Website and all of the Content (including the organization and layout of the Website and all software used in connection with the Website) are, and at all times remain, the property of 7-ELEVEN. The Website and all of the Content are protected by intellectual property rights owned by 7-ELEVEN. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content. Note that any Content owned by 7-ELEVEN may be subject to additional restrictions.
Certain names, graphics, logos, icons, designs, words, titles and phrases on the Website constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of 7-ELEVEN (the “7-ELEVEN IP”) or third parties (the “Third Party IP”). 7-ELEVEN at all times remains the sole owner of the 7-ELEVEN IP.
The display of the Content, the 7-ELEVEN IP and the Third Party IP on the Website does not convey or create any licence or other rights in any of the Content, the 7-ELEVEN IP or the Third Party IP. You acknowledge and agree that you do not acquire:
1. any ownership rights in any of the Content, the 7-ELEVEN IP or the Third Party IP;
2. any right to use any of the Content, the 7-ELEVEN IP or the Third Party IP for commercial purposes including sale, resale, licence or sublicense; or
3. any right to reproduce, distribute, display, post, disseminate, publish, broadcast, or transfer any of the Content, the 7-ELEVEN IP or the Third Party IP.
Use of any of the Content, the 7-ELEVEN IP or the Third Party IP, without the prior written consent of 7-ELEVEN, or the applicable licensee, employee or third party, is strictly prohibited.
Third Party Websites and Content Linked to the Website
The Website may contain links to third party websites or content posted on third party websites (the “Links”). 7-ELEVEN provides the Links only as a convenience to help you identify and locate other Internet resources that may be of interest.
You acknowledge that in providing the Links, 7-ELEVEN:
1. does not endorse any third party website or content accessible via the Links;
2. does not act as an editor, publisher or disseminator of any content accessible via the Links and does not control or monitor any third party website;
3. does not make any representation or warranty of any kind regarding the Links;
4. is not responsible, directly or indirectly, in any way for the accuracy, relevancy, completeness, timeliness or legality of any content accessible via the Links; and
5. is not responsible, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any of the Links.
You agree that you are solely responsible for:
1. taking all protective measures to guard against viruses and other destructive elements;
2. abiding by the terms and conditions of use and the privacy policies posted at the third party websites; and
3. evaluating the content accessible via the Links and bearing all risks associated with your use of, and reliance on, any such content.
Links to the Website on Third Party Websites
If you want to include a link to the Website on your website (the “Third Party Link”), you must:
1. provide 7-ELEVEN with prior written notice describing the nature and features of your website and the proposed appearance and location of the Third Party Link; and
2. obtain the prior written consent of 7-ELEVEN to establish the Third Party Link and abide by any terms and conditions required by 7-ELEVEN as part of its consent.
7-ELEVEN may at any time, in its sole and absolute discretion, revoke its consent to establish a Third Party Link, with or without cause, upon reasonable notice to you. Upon exercise of this right by 7-ELEVEN, you must immediately remove all of your links to the Website and must cease all use of the 7-ELEVEN IP. If you refuse or neglect to remove all of your links to the Website or to cease using the IP, you acknowledge that such refusal or neglect will result in immediate and irreparable damage to 7-ELEVEN and that 7-ELEVEN shall be entitled to relief in the way of temporary and permanent injunctions and such other and further relief as a court may deem just and proper.
7-ELEVEN is not responsible or liable, directly or indirectly, in any way for any content available on a third party website that has established a link to the Website.
Registration, Account and Password
Certain Content on the Website may require registration or subscription. Should you choose to register or subscribe for any such Content, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete by emailing us at email@example.com.
You agree to be responsible for:
1. maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription process; and
2. all activities that occur under your account or password.
You further agree to:
1. notify 7-ELEVEN immediately of any unauthorized use of your password or account; and
2. ensure that you log out of your account and close your browser window upon completing your use of the Website.
You expressly understand and agree that:
1. The Content and the Links are provided for informational purposes only.
2. The Website, the Contents and the Links are provided on an “AS IS” and “AS AVAILABLE” basis.
3. Any use of, or reliance on, the Website, the Contents and/or the Links is at your sole risk.
4. 7-ELEVEN AND ITS LICENSORS, LICENSEES, AFFILIATES OR SUBSIDIARIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS DO NOT MAKE ANY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE CONTENT AND/OR THE LINKS INCLUDING, WITHOUT LIMITATION:
a. WARRANTIES OR CONDITIONS OF TITLE AND NON-INFRINGEMENT;
b. IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND SUITABILITY FOR A PARTICULAR PURPOSE;
c. WARRANTIES OR CONDITIONS THAT THE CONTENT WILL BE USEFUL OR MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE CONTENT WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF DEFECTS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE WEBSITE WILL BE COMPLETE, ACCURATE OR RELIABLE;
d. WARRANTIES OR CONDITIONS AS TO PRIVACY OR SECURITY; AND
e. WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, WITH RESPECT TO THE WEBSITE, THE CONTENT OR THE LINKS
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL 7-ELEVEN, ANY OF ITS LICENSORS, LICENSEES, AFFILIATES OR SUBSIDIARIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE WEBSITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE WEBSITE, ANY CONTENT OR ANY LINKS OR FAILURE OF THE WEBSITE OR ANY LINKS (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE WEBSITE, ANY CONTENT OR ANY LINKS OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE WEBSITE OR ANY LINKS). THESE LIMITATIONS APPLY EVEN IF THE PARTY LIABLE OR ALLEGEDLY LIABLE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
You represent and warrant that:
1. You are an individual and over the age of majority in the jurisdiction in which you are resident or have the permission of your guardian to access the website and they have agreed to be bound by these Terms and Conditions of Use.
2. You are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal.
You agree to defend, indemnify and hold harmless each of 7-ELEVEN, its licensors, licensees, affiliates, subsidiaries and each of their respective directors, officers, employees, and agents, including all third parties mentioned on the Website, from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to, or alleged to result from or relate to:
2. your access to, use of or reliance on the Website and/or any of the Content, and/or any of the Links; or
3. your communications or dealings with any third parties mentioned on the Website.
Changes to the Website
7-ELEVEN may, at any time without notice or liability, and for any reason whatsoever, change, suspend or terminate any aspect of the Website including, without limitation, any of the Content and any of the Links. 7-ELEVEN reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice or liability, but does not have a duty to do so.
Choice of Law
You agree that all matters relating to the use of the Website, including without limitation, any of the Content and/or any of the Links shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without reference to conflict of law principles. 7-ELEVEN and you each agree to submit to the exclusive jurisdiction of the courts of the Province of British Columbia and to waive any objections based upon venue.
Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise and whether pre-existing, present or future) (a “Claim”) arising out of or relating to:
1. (a) the use of the Website; or
2. (b) oral or written statements, or advertisements or promotions relating to the Website or to a product or service sold via the Website, will be referred to and determined by private and confidential mediation before a single mediator chosen by the parties and at their joint cost.
Should the parties after mediation in good faith fail to reach a settlement, the issue between them shall then be determined by private, confidential and binding arbitration by the same person originally chosen as mediator. By so agreeing, you waive any right you may have to commence or participate in any class action against 7-ELEVEN related to any Claim and, where applicable, hereby agree to opt out of any class proceeding against 7-ELEVEN otherwise commenced. Mediation and arbitration of Claims will be conducted in such forum and pursuant to such rules as the parties agree, and failing agreement will be conducted by one mediator-arbitrator pursuant to the laws and rules relating to commercial arbitration in the Province of British Columbia, that are in effect on the date of any notice to mediate and arbitrate.
You acknowledge and agree that 7-ELEVEN may, at any time without notice, in its sole and absolute discretion and without cause, suspend or terminate:
1. your use of, or access to, the Website including, without limitation, any of the Content and/or any of the Links;
2. any of your registrations or subscriptions with the Website; or
You further agree that 7-ELEVEN will not be liable to you or any other person as a result of such suspension or termination.
Contacting 7-Eleven Canada, Inc.
7-Eleven Canada, Inc. Head Office
Address: Suite 2400, 13450 102nd Avenue
Surrey, BC V3T 0C3
Phone: (604) 586-0711
Fax: (604) 586-1509