BEDESSEE SPORTING GOODS LTD., POWER PLAY SPORTS, BEDESSEE SPORTS., BEDESSEESPORTS.CA (BEDESSEE)
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.
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.
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.
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.
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.
8. Calling Card PINs.
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
11. Applicable Law and Forum.
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.
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.
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
15. ALL TAXES OR LEVIES IMPOSED BY THE COUNTRY OF DESTINATION HAVING ANY EFFECT ON THE PRODUCTS ARE ON THE BUYER’S ACCOUNT AND HIS SOLE RESPONSIBILITY. BUYER MUST HAVE ALL IMPORT PERMISSIONS AND PERMITS IN WRITING BUYER BEARS THE SOLE RESPONSIBILITY OF SECURING ALL PERMITS, LICENSES, TRADE MARK AND COPYRIGHT OR ANY OTHER DOCUMENTS REQUIRED BY THE GOVERNMENT OF THE IMPORTING NATION OR ANY LOCAL AGENCY. SELLER WILL BEAR NO RESPONSIBILITY TO PROVIDE SUCH DOCUMENTATION. BUYER WILL BEAR ALL COSTS ASSOCIATED WITH SECURING SUCH DOCUMENTS AND WILL ALSO BEAR ALL COSTS AND PENALTIES IF SUCH DOCUMENTS ARE NOT SECURED. IN NO CASE SHALL THE SELLER BE HELD LIABLE FOR MISSING OR IMPROPER DOCUMENTATION THE BUYER IS REQUIRED TO PROVIDE. SHIPPING IS BASED ON INCOTERMS 2000
PLEASE NOTE, CERTAIN BRANDS OR PRODUCTS CAN ONLY BE SOLD TO SPECIFIC MARKETS OR COUNTRIES AND IS NOT AVAILABLE TO ALL BUYERS AND DESTINATIONS. WE CAN OFFER SUPERIOR BUYING POWER AND SOLID EXPERIENCE IN INTERNATIONAL TRADING. ALSO CHECK WITH YOUR LOCAL TRADEMARKS OFFICE IF THERE IS ANY RESTRICTION OR INFRINGEMENT AS WE WILL NOT BE LIABLE FOR ANY CAUSE.
17. Products Actual product packaging and materials may contain more and different information than what is shown on our website. We recommend that you do not rely solely on the information presented and that you always read labels, warnings, and directions before using or consuming a product.