Acceptance of membership constitutes an agreement to comply with the following conditions and regulations. These conditions and regulations may be amended by BuyWell without prior written notice or consent of the member, but in such cases, the changes made will apply upon the renewal of your BuyWell membership.
If You do not comply with this Agreement at any time, We reserve the right to cancel or terminate Your access to the Website (or any part thereof) and/or Your user account, if any. In Buywell's sole discretion and without prior notice or liability, We may discontinue, modify or alter any aspect of the Website including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Website. You agree that any termination or cancellation of Your access to, or use of, the Website may be effected without prior notice. If You do not abide by the terms of this Agreement, You agree that we may immediately deactivate or delete Your user account, if any, and all related information and/or files in Your user account and/or bar any further access to such information and/or files and/or the Website (or part thereof). Further, You agree that We shall not be liable to You or any third-party for any termination or cancellation of Your access to, or use of, the Website. You acknowledge that Your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Website, or any policies or practices by Buywell in providing the Website, including without limitation any change in content, is to cease using the Website and cancel or terminate Your subscription or registered user account, as applicable. Although Buywell does not constantly monitor the Website, it nevertheless expressly reserves the right to do so.
From time to time, We may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
Buywell controls Buywell.ca and BuyWell.com from its offices within the Province of Ontario, Canada. The Website can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of Ontario, by accessing the Website, You agree that all matters relating to access to, or use of, the Website, or any other hyperlinked website, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that You do so voluntarily and are responsible for complying with all local laws.
Certain portions, components, content and features of the Website are only available to individuals who register with Buywell and create a user account on the Website (each, a "Registered User"). If you are a Registered User then You agree to the following:
Registered Users can update their Privacy and Email settings at any time by signing in and visiting the Privacy & Email Settings page. On this page, you can select what information is publicly shared about your profile. Note: settings are defaulted to 'public'. You may also indicate how you wish to be notified of on-site activity on this page by managing your email settings including subscription to our various programs including marketing programs and alerts at any time by signing into your Account and selecting your preferences.
You can submit questions, comments, feedback, suggestions, ideas, improvements, plans, notes, or other information to Buywell. The Ideas you submit are voluntary, non-confidential, gratuitous and non-committal.By submitting your Idea, you grant Buywell and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the Idea and Buywell shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting your Idea, you hereby release Buywell, its agents and employees from any claims that such use violates any of your rights.
You represent and warrant that your Idea is not subject to any confidentiality obligations or third party intellectual property encumbrances and that you own and control all of the rights to the Idea and have the authority to grant these rights to Buywell.Buywell shall own exclusive rights, including all intellectual property rights, to any work it creates or has created from the Idea or a similar idea of its own.
Your privilege to use the Website (including the Buywell Community) and contribute to discussions on the Buywell Community depends on Your compliance with the community standards. We may revoke Your privileges to use all or a portion of the Website and/or take any other appropriate measures to enforce community standards if violations are brought to our attention. Further, if you fail to adhere to the community standards, We may terminate, in Buywell's sole discretion, Your use of, or participation in, the Buywell Community. For the purposes of this Agreement, the term "Buywell Community" means any chat room, social media site, message board, bulletin board, book review exchange or similar activity where You and other users of the Website can communicate. All Buywell Community communications, including, but not limited to, social media, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of the Website (including any Buywell Community) for adherence to the community standards or for any other purpose. You acknowledge that by providing you with the ability to distribute Submissions (as defined below) in the Buywell Community, We are acting as a passive conduit for such distribution and We are not undertaking any obligation or liability relating to any Submissions or activities in the Buywell Community. Although We reserve the right to remove, without notice, any Buywell Community posting for any reason, We have no obligation to delete Submissions that You may find objectionable or offensive.
By posting Submissions to any part of the Website, You automatically grant, and You represent and warrant that You have the right to grant, to Buywell and its trusted third party service providers an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part),distribute, prepare derivative works of or incorporate into other works such Submissions for the purposes of facilitating the display and the display of such Submissions on the Website or the marketing or promotion of the Website, Buywell or other works on the Website or for other purposes including product research (the "Permitted Purposes") and, in connection with the foregoing, You waive in favour of Buywell, its licensees, successors and assigns, any and all moral rights You may have in Your Submissions in connection with a Permitted Purpose. Without limiting the foregoing, You acknowledge and agree that all or any portion of Your Submissions may be used, edited, reformatted, copied, saved, reproduced, published, translated, sublicensed, copied and distributed and/or incorporated by Buywell into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions, without compensation of any kind to You in connection with a Permitted Purpose. When You post Submissions to the Website, You also authorize and direct Buywell to make such copies thereof as We deem necessary in order to facilitate the posting and storage of the Submissions on the Website.
As between You and Buywell, subject to the rights, licenses and waivers granted by You to Buywell in this Agreement, You retain full ownership of all your Submissions and any intellectual property rights associated with Your Submissions. You agree to defend, indemnify and hold Buywell, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any of Your Submissions.
Buywell, Live Well Buy Well, and related words, domain names and logos are trade-marks and the property of Buywell. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners.
The material contained on Buywell.ca and BuyWell.com including all portions of the Website, content, site design, text, graphics, and the selection and arrangement thereof are Copyright. ALL RIGHTS RESERVED.
The Website contains (or You may be sent through the Website) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Buywell, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If You decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which You navigate from the Website or relating to any applications You use or install from the Website.
Users posting a link to the Website on a Third Party Sites must ensure they do not contain any web content that if shared or posted by a User would be a violation of the User conduct rules set forth above. Without limiting the foregoing, Users agree not to post a link to any website that contains, and represent and warrant that any such website does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Buywell or its Users to any harm or liability of any type. Upon including of a link, Users agree to defend, indemnify and hold Buywell, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any links, content, or other items or materials which may be shared or posted through links, or any breach or alleged breach of the foregoing representations and warranties.
By including a link to the Website on a Third Party Site, User automatically grants, and represents and warrants that it has the right to grant, to Buywell an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Website in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which User places the link.
THE WEBSITE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. BUYWELL MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE SITE CONTENT. BUYWELL DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE WEBSITE, THE USER EXPRESSLY ACKNOWLEDGES THAT BUYWELL MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS REGARDING THE SITE CONTENT INCLUDING BUT NOT LIMITED TO CURRENCY, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE WEBSITE BUYWELL INCLUDES LINKS TO THIRD PARTY SITES OVER WHICH BUYWELL HAS NO CONTROL. BUYWELL PROVIDES NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH THIRD PARTY SITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST BUYWELL WITH RESPECT TO SUCH THIRD PARTY SITES.
EXCEPT AS SPECIFICALLY STATED ON THE WEBSITE, NONE OF BUYWELL OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
THE AFORESAID NOTWITHSTANDING, IN ANY EVENT THE MAXIMUM LIABILITY BUYWELL MAY HAVE TO ANY PARTY FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO A REFUND OF THE ANNUAL OR MONTHLY MEMBERSHIP FEE PAID TO BUYWELL BY THAT PARTY.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
WHILE WE TAKE GREAT CARE TO ENSURE OUR ADVERTISING IS ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED WE WILL CORRECT IT AS SOON AS POSSIBLE AND WILL ATTEMPT TO NOTIFY CUSTOMERS WHO ARE AFFECTED. WE RESERVE THE RIGHT TO LIMIT ALL QUANTITIES AND REJECT ANY ORDERS. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING THE PRODUCT AND BUYWELL WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS IN THIS REGARD. ALL PRICES QUOTED ARE IN CANADIAN DOLLARS.
In any action against us arising from the use of the Website, BuyWell shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable legal fees.
We reserve the right to make changes, additions, deletions, cancellations to any program, promotion, product, purchase or sale at any time for any reason and without notice. In the event of a change our maximum liability shall be limited to issuing a refund for any item purchased which we do not deliver.
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.