CONDITIONS OF USE
This version in effect since April 1st, 2008
1. YOUR ACCEPTANCE OF THESE CONDITIONS OF USE
These Conditions of Use are an Agreement between you and all persons you represent (and for purposes of these Conditions of Use, "person" includes natural persons and any type of incorporated or unincorporated entity) and KicX Nutrition Inc. ("KicX") regarding your access to and use of KicX’s nuhemp.com website and all content, information, products and services available on or through the website (collectively, the "Website").
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by these Conditions of Use as they then read, and you represent and warrant that you have the legal authority to agree to and accept these Conditions of Use on behalf of yourself and any person you purport to represent. If you do not agree with each provision of these Conditions of Use, or you are not authorized to agree to and accept these Conditions of Use on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.
2. PERMISSION TO USE THE WEBSITE
You may use the Website only if you are a resident of Canada or the United States, have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws.
3. CHANGES TO THESE CONDITIONS OF USE
KicX may, in its sole discretion, change these Conditions of Use from time to time as they relate to future use of the Website, by posting revised Conditions of Use on the Website. By using the Website after these revised Conditions of Use has been posted, you signify your acceptance and agreement to be bound by the revised Conditions of Use. You may not change these Conditions of Use in any manner.
4. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of KicX and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in these Conditions of Use and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of KicX. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with these Conditions of Use.
5. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
KicX endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. KicX cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. KicX does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
KicX reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
6. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written permission of KicX are strictly prohibited. To request permission to link to the Website, please send an email to customerservice@nuhemp.com. KicX may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.
The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
7. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "Codes") by KicX. For the purposes of accessing the Website, the Codes remain the property of KicX and may be cancelled or suspended at any time by KicX in its discretion without any notice or liability to you or any other person.
KicX is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. KicX may act upon any communication that is given with the use of Codes. KicX may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if KicX is not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with these Conditions of Use; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify KicX by telephone 1-866-466-0686 or email to: customerservice@nuhemp.com if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.
8. SOFTWARE AGREEMENTS
KicX may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software Licence Agreement.
9. CONTESTS
From time to time KicX may make contests available to users of the Website and others. All contests are governed by these Conditions of Use and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of these Conditions of Use and the applicable Contest Rules.
10. YOUR INFORMATION
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. KicX will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, KicX or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
11. PERSONAL INFORMATION PRIVACY
KicX collects, uses and discloses personal information in accordance with its Privacy Policy, which is available by clicking here and which may be changed from time to time by KicX in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Website. By accepting these Conditions of Use, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by KicX in accordance with the Privacy Policy as it then reads.
12. OTHER SITES/RESOURCES
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from KicX, and KicX has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. KicX does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against KicX arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and KicX, these Conditions of Use, with all necessary modifications, apply to your access and use of any Other Sites and their business, goods, services and content.
