250 Wyecroft Road #9 Oakville, ON L6K 3T7 Phone: 905-842-2910 Fax: 905-842-1489 E-mail: Sales Pizazz is a member of the Oakville Chamber of Commerce. PIZAZZ PROMOTIONS WEB SITE - Terms and Conditions of Use Use of this Site The information and materials contained at this Site, including the text, graphics, logos, images, arrangement and general design of the Site (collectively, the "Content") is owned or licensed by Pizazz. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. You may not use any Content for commercial purposes without obtaining Pizazz's prior written consent, which consent may be withheld at Pizazz's sole discretion. You may not use this Site for any purpose that is unlawful or prohibited by the terms and conditions contained herein. You may not use this Site in any manner which is contrary to all applicable local, provincial, national, international and foreign laws or regulations governing your use of this Site. You many not use this Site in any manner which could damage, disable, overburden or impair this Site or interfere with any other party's use and enjoyment of this Site. Content All Content is intended solely for the Canadian market. Although Pizazz uses reasonable efforts to update and ensure the accuracy of the Content, Pizazz makes no warranties or representations as to its accuracy. Pizazz assumes no liability or responsibility for any errors or representations contained in the Content. Prices, product specifications and all other Content is made available for information purposes only and may not be accurate or complete. Unless otherwise specified, the prices indicated at this Site are the manufacturer's suggested retail price and exclude all applicable taxes. Your Information Pizazz does not use any electronic or other means to automatically collect any information about our Site users from their computers. The only information Pizazz collects is the information voluntarily supplied to us by you should you contact us by email. This information is restricted to your name, email address, phone number (if provided) and the content of your message. The information you provide to us will only be used to contact you in order to respond to your inquiries or to send you material we believe will be of interest or of use to you. Any information personally identifiable to a Site user disclosed to Pizazz is treated in accordance with our Privacy Policy. Pizazz reserves the right to maintain any information supplied by a Site user off-line as may be permitted by law. If you wish to edit, update or delete any of your personal information previously given to Pizazz please contact us and we will be happy to accommodate your request. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, profane or pornographic material, or any other material that could give rise to any civil or criminal liability under all applicable local, provincial, national, international and foreign laws or regulations governing this Site and your use thereof. Disclaimer THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. PIZAZZ DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE OR ANY OF THE CONTENT. PIZAZZ DOES NOT WARRANT THAT THE SITE AND THE CONTENT ARE FREE FROM ERRORS OR OTHER PROGRAM LIMITATIONS OR THAT THE SITE AND CONTENT WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THIS DISCLAIMER SHALL APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM, OR RELATED TO YOUR USE OF THIS SITE INCLUDING BUT NOT LIMITED TO FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION. Limitation of Liability THE EXPRESS WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT. IN NO EVENT SHALL PIZAZZ BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT, EVEN IF PIZAZZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF PIZAZZ UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO CAD $5.00. Copyright and Trademarks This Site is the sole property of Pizazz, and unless stated otherwise, Pizazz owns the copyright on all the material contained on this Site. No material from this Site may be copied, modified, transferred, reproduced, transmitted or distributed in any manner or form except as explicitly provided for in accordance with these Terms. Modification or use of any materials contained on this Site without prior written consent of Pizazz constitutes a violation of our copyright and/or other proprietary rights. The trademarks used on this Site are the registered and/or unregistered trademarks of Pizazz, unless stated otherwise. Nothing in this Site shall be construed as granting by implication, estoppel or otherwise, any license or right to use any trademark contained on this Site without the prior written consent of Pizazz. All other product and service marks contained on the Site are the trademarks of their respective owners. Indemnity You agree to defend, indemnify and hold Pizazz, its employees, directors and related entities harmless from and against any and all liabilities, costs and expenses including reasonable attorneys¹ fees, related to any violation of these Terms by you or in connection with your use of this Site. Severability If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Entire Agreement Unless specifically provided herein, these Terms constitute the entire agreement between you and Pizazz with respect to your use of this Site. These Terms shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Site except as specifically set forth herein. Termination This Agreement shall automatically terminate if you are in breach of any of the provisions contained herein. Pizazz reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice. Governing Law and Jurisdiction These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Ontario, for any legal proceeding arising out of or relating to your use of this Site or these Terms. Language The parties hereto confirm their express wish that these Terms, as well as all other documents related hereto, including notices, be drawn up in the English language only and declare themselves satisfied therewith. Home | Terms of Use | Privacy Policy | Copyright Notice | e-mail us © 2006 Pizazz Promotions