Terms and Conditions
These Terms and Conditions (“Terms,” “Terms and Conditions”) govern your relationship with www.ShesTough.com website (the “Service”) operated by IWL ENTERPRISES INC. (“us”, “we”, or “our” “Company” “IWL”).
Please read these terms and conditions carefully before using the service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you agree to these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases and in certain cases for verification.
AVAILABILITY, ERRORS, AND INACCURACIES
In order to provide exceptional service and accuracy, we regularly update the products and services on the Service. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable. We may experience delays in updating information on the Service and in our advertising on other websites.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any, and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You represent and warrant that: (i) the Content is yours (you own it), or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion. You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
When you create an account using our Service, you acknowledge that you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your account on our Service and a possible liability implication. Moreover, you expressly promise that you shall indemnify IWL ENTERPRISES INC. for any damages that IWL ENTERPRISES INC. may suffer related to mentioned breach of this Terms and Conditions. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for complying with Canada’s Export Control, and United States export controls for any violation of such controls, including Canada and United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a Canada government embargo or other restriction, or that has been designated by the Canadian government as a “terrorist supporting” country; or (b) on any of the Canadian government lists of restricted end users.
The Service and all contents, including but not limited to text, images, graphics or code are the property of IWL ENTERPRISES INC. And are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with IWL ENTERPRISES INC. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of IWL ENTERPRISES INC. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
LINKS TO OTHER WEB SITES
The Service may contain links to third-party web sites or services that are not owned or controlled by IWL ENTERPRISES INC. IWL ENTERPRISES INC. has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that IWL ENTERPRISES INC. Shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the Terms and Conditions and Privacy Policies of any third-party websites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend and hold harmless IWL ENTERPRISES INC., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers, and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands. These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
LIMITATION OF LIABILITY
To the fullest extent permitted under applicable law: (a) company will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of submissions (including unauthorized interception by third parties of any submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, company will not be liable for damages of any kind resulting from your use of or inability to use the service or from any products or transactions or transfers relating to products, or from any third party materials, including from any virus that may be transmitted in connection therewith, and including from any dispute with any other user of the service; (c) your sole and exclusive remedy for dissatisfaction with the service or any third party materials is to stop using the service; and (d) the maximum aggregate liability of company for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of (i) the total amount, if any, paid by you to company to use the service, and (ii) twenty-five US Dollars ($25.00). All limitations of liability of any kind (including in this section and elsewhere in this agreement) are made for the benefit of both company and the affiliated entities, and their respective successors and assigns.
DISCLAIMER AND NON-WAIVER OF RIGHTS
IWL ENTERPRISES INC. Makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms, and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS-IS” and “AS-AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
IWL ENTERPRISES INC. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and IWL ENTERPRISES INC. Chooses not to immediately act, or chooses not to act at all, IWL ENTERPRISES INC. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. IWL ENTERPRISES INC. does not waive any of its rights. IWL ENTERPRISES INC. Shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. However, a person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms shall be governed by and interpreted and enforced in accordance with, the laws of the Province of Ontario and the laws of Canada, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material, we will make reasonable efforts to provide at least 60 days’ notice before any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please Contact Us.
Last updated: May 26, 2018