Terms of Use

PLEASE READ THESE TERMS OF USE AGREEMENT (“TERMS OF USE AGREEMENT”) OF CHRISTOPHER LABORATORIES COMPANY (“c.labs”) WEB SITE (THE “SITE”) CAREFULLY. BY ACCESSING OR USING THIS SITE YOU EXPRESSLY AGREE TO ACCEPT THE FOLLOWING TERMS OF USE AGREEMENT. YOU SHOULD REVISIT THIS PAGE FROM TIME TO TIME AS YOUR USE OF THE SITE IS SUBJECT TO THE MOST CURRENT VERSION OF THE TERMS OF USE AGREEMENT POSTED ON THE SITE AT THE TIME OF SUCH USE. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SITE.

Your Right to Use This Site

Provided that you comply with the Terms of Use Agreement, you have the right to use this Site to (a) view various materials, including information, documents, and other content on the Site (collectively, the “Materials”), (b) access services that c.labs may provide from time to time, such as discussion forums, educational tools and an online store (collectively, the “Services”), and (c) obtain products, such as software, educational books and videos, and promotional accessories that may be offered from time to time (collectively, the “Product(s)”).

c.labs reserves the right to restrict, suspend or terminate your access to all or part of the Site at any time.

Ownership of Material on the Site

The Materials on the Site are owned by c.labs and its licensors and suppliers. They are copyrighted and protected by United States, Canadian and International intellectual property laws, treaties and conventions. You may not copy, adapt, reverse engineer, modify, display, perform, transmit, frame, distribute, resell, commercially exploit or otherwise use the Materials in any manner whatsoever, except as expressly permitted herein, without the prior written permission of the relevant rights holder(s).

You may not create a hyperlink directly to a page on the Site, other than the default, index or home page found at http://www.clabsco.com/, the Materials, or the Products without the prior written permission of c.labs.

The trademarks and/or service marks of c.labs and others used on the Site are the property of c.labs or their respective owners. You may not use any trademark displayed on the Site without the written permission of c.labs or the respective owner.

Your use of the Site is conditional upon your abiding by all notices of copyright, trademark and other proprietary rights appearing in the Materials. You are forbidden from removing or altering any such notices in full or in part from Materials that you print or download.

Software Products

In the event that you download software products (“Software”) from the Site, whether purchased or free-of-charge, c.labs grants you a personal, non-transferable and non-assignable license pursuant to the terms of the accompanying Software License Agreement. Title to the Software is not being transferred to you and you may not copy, modify, sell, distribute, decompile, disassemble or reverse-engineer the Software. Your rights to any Software physically shipped to you are as described on or in the physical shipment. The shipment and downloading of Software are subject to the Export Restrictions described herein.

Communications/Submissions From/By You to the Site

All communications to the site and any information, files, comments or submissions of any kind that you provide to c.labs through the Site or post to the Site for viewing, access or download by others (“Submissions”) will be considered non-proprietary and non-confidential, subject only to the Privacy Policy, c.labs shall have no obligations of any kind to you respecting your Submissions and will be free to use them on an unrestricted basis for any purpose(s). You are prohibited from sending c.labs or any other user of the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other Submissions that would violate any law or the rights of others under applicable law. You are solely responsible for the legality of your own Submissions and, by submitting or posting such Submissions, expressly warrant that you have all necessary intellectual property rights necessary to do so. c.labs shall have the right, but not the obligation, to review your Submissions to ensure that they comply with the Terms of Use Agreement and any applicable laws or regulations. c.labs reserves the any court order directing it to disclose the identity of anyone sending or posting Submissions of any kind to the Site.

Third Parties

From time to time this Site may contain references and links to content, products, services or other offerings of third parties (“Third Parties”). Such references and links do not constitute or imply an endorsement or recommendation by c.labs of any such Third Party and in no way should be interpreted as an acceptance of responsibility or liability for Third Parties. You expressly acknowledge and agree that c.labs shall have no liability of any kind for any content, products, services or other offerings made available by Third Parties.

Applicable Laws

By accessing the Site you agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with Your access and use of the Site. You also agree to submit to the exclusive personal jurisdiction and venue of the courts of the Ontario with respect to such matters.

If any provision of the Terms of Use Agreement is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions. The parties agree that this agreement and all related documents be written in the English language. Les parties ont exigé que le présent contrat et tous les documents connexes soient redigés en anglais.

Contests and Sweepstakes

Contests and sweepstakes offered by c.labs through the Site are subject to the applicable laws of Canada and are void where restricted or prohibited.

Export Restrictions

c.labs is prohibited by applicable export control laws from shipping or allowing the download of certain Products to certain jurisdictions and/or residents of such jurisdictions. You may be required to select your country of residence from a list before accessing or obtaining Products subject to export restrictions. If your country of residence is not listed, you may not access or obtain the requested Product. Notwithstanding the foregoing, You may not access or obtain any Product if you are subject to any regulatory order or other applicable export restriction or embargo. Even if your country is listed, it remains your responsibility to determine the legality in your jurisdiction of downloading, purchasing or using Products offered on the Site. In these Terms of Use, Products include any Materials subject to the Export Restrictions described herein.

Disclaimer and Liability

EXCEPT AS OTHERWISE NOTED HEREIN OR IN AN ACCOMPANYING SOFTWARE LICENSE AGREEMENT, THE MATERIALS, SERVICES AND PRODUCT PROVIDED ON THIS SITE ARE PROVIDED “AS IS” BY c.labs, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Applicable laws may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent permissible, any implied warranties or representations are limited to the fullest extent permitted by law. You agree that c.labs shall have no responsibility for viruses that may damage your computer system or data resulting from your access to or use of the Site. Although reasonable efforts are used to ensure that the Site will be current and will contain no errors or inaccuracies, c.labs does not warrant or represent the accuracy and completeness of the Materials on the Site. c.labs may make changes to the Materials on the Site at any time without notice and without liability. The Materials on the Site may be out of date, and c.labs makes no commitment to update the Materials.

YOU HEREBY EXPRESSLY IRREVOCABLY RELEASE, DISCHARGE, ACQUIT AND FORGIVE c.labs, ITS PARENT COMPANIES, AFFILIATES, SUPPLIERS, LICENSORS, SPONSORS, CREDIT CARD PROCESSING OR AUTHORIZATION COMPANIES, AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY THE “c.labs GROUP”) FROM ANY AND ALL CLAIMS, ACTIONS, SUITS, DEMANDS, LIABILITIES, JUDGMENTS AND PROCEEDINGS BOTH AT LAW AND IN EQUITY ARISING FROM OR RELATED TO YOUR USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE (OR ANY INFORMATION PROVIDED HEREUPON), THE MATERIALS, THE SERVICES, THE PRODUCTS OR ANY THIRD PARTY SITES, OR THE MATERIALS, SERVICES, INFORMATION, OR PRODUCTS CONTAINED OR PROVIDED THROUGH ANY OR ALL SUCH THIRD PARTY SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT c.labs IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE.

You agree to defend, indemnify and hold harmless the c.labs Group and each of them from all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with Your use of the Site, your viewing or downloading of Materials from the Site, your use of Services or acquisition of Products on the Site, or your Communications to the Site. Additional Terms of Use for c.labs’ Online Store. The following terms and conditions apply to purchasers of Products offered for sale and/or download from c.labs’ online store. These terms and conditions are in addition to, and are not intended to substitute for or in any way limit, the other Terms of Use Agreement listed herein.

LICENSING AND PAYMENT TERMS. All sales are final and non-cancelable. Orders are not binding upon c.labs until c.labs in its sole discretion accepts the order. When you select Products for purchase and choose “SUBMIT” on the order page, the total of the Product price, taxes and any applicable shipping, handling, and insurance costs (if any) will be charged to the credit card number you provide. You acknowledge that c.labs may use third party credit card processing or authorization services during the course of verifying your credit information and/or completing your purchase. You confirm that you are authorized to use such credit card number to make this purchase and permit c.labs to take steps to verify such authorized use. You are responsible for all charges incurred in your use of the Site, whether or not authorized by you. You should inform yourself of the extent of your liability for unauthorized charges under any credit card agreement(s) that may apply to you. c.labs will ship paid orders for physical Products to you F.O.B. c.labs’ warehouse. Upon c.labs’ delivery of the shipment to the carrier, you assume the risk of loss and/or damage to the Products and title passes to you. You may not assign an order for a Product without the prior written permission of c.labs. Sales transactions are void wherever such transactions are prohibited. In addition to the Applicable Laws provisions herein, the parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. Products may not be exactly as shown or described. c.labs does not guarantee that all Products advertised in the online store will be available at all times. c.labs reserves the right to limit quantities.

CONSUMER INFORMATION. Individuals or organizations that wish to order a Product for purchase from c.labs’ online store must complete the form provided, and supply current, complete, and truthful information as prompted. This information is collected for the purpose of fulfilling Your order. You agree to notify c.labs promptly of any changes in this information until such time as the order has been fulfilled. Products may be purchased for lawful purposes and by end-users only.

PRICING. Product prices listed on the Site are provided for informational purposes only, and do not constitute an offer to sell Products. Unless otherwise stated, prices are in U.S. dollars and do not include applicable taxes or shipping, handling, or insurance costs. You accept sole responsibility for the importation of any Products, including required licenses and permits and all associated costs, from the United States into other jurisdictions.

LIABILITY. EXCEPT AS EXPRESSLY PROVIDED IN ANY SOFTWARE LICENSE AGREEMENT RELATING TO OR SHIPPED WITH THE LICENSED SOFTWARE AND TO THE FULL EXTENT PERMITTED BY LAW, c.labs EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING, OR USAGE FOR TRADE. ANY APPLICABLE STATUTORY CONSUMER RIGHTS ARE NOT AFFECTED BY THIS CLAUSE. WITHOUT LIMITING THE APPLICABILITY OR GENERALITY OF THE “DISCLAIMER AND LIABILITY” PROVISIONS ABOVE, TO THE FULL EXTENT PERMITTED BY LAW, THE c.labs GROUP SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, DELAY IN DELIVERY, OR USE OF PRODUCTS ACQUIRED OR LICENSED FROM c.labs. c.labs SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS BY YOU OR ANY OTHER PERSON OR ENTITY. THE LIMITATIONS IN THIS SECTION WILL APPLY, WHERE PERMITTED, NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY WARRANTY REMEDY.

Additional Terms of Use for Instructional Materials

The following terms and conditions apply to any and all third-party image files, lessons, and/or project files used for learning c.labs software (collectively, the “Instructional Materials”) that may be made available from time to time on the Site. These terms and conditions are in addition to, and are not intended to substitute for or in any way limit, the other Terms of Use Agreement listed herein.

LIMITED USE. The Instructional Materials may be used internally in your work but cannot be redistributed or transferred in any way as clip art without the express prior written permission of c.labs.

NO SUPPORT. c.labs provides no support whatsoever for the use of Instructional Materials.

ACCURACY. Each of the Instructional Materials is subject to these Terms of Use. c.labs has made “Undocumented and Unsupported” files. c.labs assumes no liability for the accuracy or completeness of any file. c.labs may, but is not required to, modify the Instructional Materials in response to reports of bugs or errors.

COMPATIBILITY. Not all features described are available in all c.labs software. c.labs does not guarantee that future versions of any Instructional Materials will contain the same selection of Materials, nor that the current Instructional Materials will be compatible or be made compatible with future versions of software.