The content and services offered to you by Quik X and its affiliates on this website are subject to the following terms and conditions. Please take the time to read through these terms and conditions before you use this site. If you will proceed to use this site you will have accepted these terms and conditions and, any changes thereto, that may be posted from time to time, and you will be bound by them. If you don't agree to the terms and conditions set out herein, do not use the website.
All content on the Quik X site, including graphics, text, logos, icons, images, data compilations, audio clips, downloads and software, is owned or controlled by Quik X and Quik X holds all rights, including copyright, in such content. You are authorized, on a non-exclusive basis, to use and, where required, download content from this site, solely for your own personal, or internal business purposes. You are not permitted to make any external commercial use or redistribution of any of the site's content, including resale of data, downloading onto your own website, downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data-gathering and extraction tools. The Quik X site, or any part of it, may not be reproduced, duplicated, copied, sold, resold, accessed or otherwise exploited for an external commercial purpose without the express written consent of Quik X.
QUIK X, QUIK X & Design are trade marks owned by Quik X or its affiliates. You may not use Quik X's trade marks or the trade dress incorporated onto its website in association with any product and/or service, nor in any other manner, including, any use that might have the effect of tarnishing or depreciating the value and goodwill attached to its trade marks and Quik X's business.
Any third party marks displayed on Quik X's site are owned by such third parties. Quik X disclaims any rights in such trade marks and any affiliation with the owners or licensees of these third party trade marks.
(a) You are granted a non-exclusive and revocable right to create a hyperlink to Quik X's homepage only, provided this hyperlink, or its use, does not portray Quik X, its affiliates and/or their services in a detrimental, false, misleading or otherwise negative manner. You are not permitted to (a) use any trade mark, logo, icon, or graphic owned by Quik X as part of a link or (b) use any framing or similar technology to create a link between your website and that of Quik X or (c) create a link to any portion of Quik X's website, other than its homepage, without the prior written consent of Quik X.
(b) You are also not permitted to use any meta tags or other "hidden text" which include Quik X's trade marks or trade name, without the prior written consent of Quik X.
(c) Any third party links displayed on Quik X's website are provided solely for your convenience and interest. Quik X expressly disclaims any affiliation with, or sponsorship of, such third parties or their websites and does not warrant, nor will Quik X be liable for, the accuracy, availability or efficiency of such third party websites and/or their content. When using these links, you are advised to review the terms and conditions of use attaching to these third party sites.
You agree to receive communications from us electronically. We will communicate with you by email or by posting notices on the Quik X site. You agree that all agreements, notices, disclosures information, schedules and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(a) Although Quik X takes all reasonable and prudent steps to safeguard the confidentiality of the information and data you provide to this website, you acknowledge that the Internet is not a completely secure medium. Quik X will not be liable for any misuse or interception of information you post on this website. It is your obligation to maintain the confidentiality of your account and password as well as restricting access to your computer. You, furthermore, agree to take responsibility for any activities that occur under your account or password.
(c) You agree that any information or other material you post will not be unlawful, including material that is obscene, threatening, defamatory, invades another's privacy or infringes any intellectual property rights. You will also not engage in any activity that consists of, or contains software viruses, commercial solicitations, chain letters, mass mailings or any other form of "spam". You may not use false information, such as email addresses, impersonate another person or entity, or otherwise mislead Quik X as to the origin of any information provided. Quik X retains the right, but not the obligation, to delete or modify any content on its site, for any reason.
(d) You represent and warrant that you own, or otherwise control, any rights in materials you post on this site, and that, to the best of your knowledge, such material is accurate and its use by Quik X will not violate any third party rights or cause injury to any person or entity. You will indemnify Quik X, and/or its affiliates, for any claims resulting from use of the material you supply. Quik X takes no responsibility and assumes no liability for any content posted by you or any other third party.
Any material shipped through Quik X's services is done pursuant to a separate shipping contract, and the terms and conditions set out in that contract shall govern the commercial aspects of that transaction.
THE QUIK X SITE IS PROVIDED BY QUIK X ON AN "AS IS" AND "AS AVAILABLE" BASIS. QUIK X MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY OF THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THIS SITE, INCLUDING ANY SCHEDULING OR TRACKING INFORMATION PROVIDED. YOU EXPRESSLY AGREE THAT ANY USE OF THIS SITE IS AT YOUR OWN SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAWS, QUIK X DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QUIK X DOES NOT WARRANT THAT THE <QUIKX.COM> SITE, OR SERVERS, OR EMAIL SENT FROM <QUIKX.COM> ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QUIK X WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE <QUIKX.COM> SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES.
IN THE EVENT THAT THE LAW OF ANY JURISDICTION DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AS SET OUT ABOVE, WHERE SUCH LAWS WOULD APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT BE APPLICABLE AND YOU MAY HAVE ADDITIONAL RIGHTS.
By using this site, you agree that this Agreement is governed by the laws of the Province of Ontario and Canada, without regard to principles of conflicts of laws. Any dispute arising from the use of this site between you and Quik X or its affiliates shall be interpreted and resolved under the laws of these jurisdictions.
It is your obligation to review these terms and conditions from time to time. We reserve the right to make any changes to our site, policies and terms and conditions of use at any time. You will be notified on the site of any changes and prompted to review the revised terms and conditions. Any changes or revisions will become effective and binding upon you immediately upon their posting on the <quikx.com> site. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT USE THE QUIKX.COM SITE AND ARE ADVISED TO DISCONTINUE USE IMMEDIATELY.
If any of the terms or conditions set out herein are found to be invalid or unenforceable by a court of competent jurisdiction, such term or condition shall be deemed severable and shall not effect the validity and/or enforceability of any other term or condition contained herein.