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Welcome to www.barolicaffe.net
(the “Site”), owned and operated by Aspir Food Corporation Inc. Inc.. We provide you
access to this Site subject to the following terms and conditions of use (“Terms
and Conditions”). PLEASE READ THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY
CAREFULLY BEFORE USING THIS
SITE. By accessing and browsing this Site you agree to accept
these Terms and Conditions. YOU AGREE TO BE BOUND BY
ALL OF THE TERMS AND
CONDITIONS. If at any time the Terms and Conditions are no longer acceptable to
you, you should immediately cease use of this Site.
1. Copyright and Trademark Notices
The material on
this Site, including all content, site design, text, graphics and the selection
and arrangement thereof (the “Content”), are protected by copyright and other
intellectual property laws, and are owned and controlled by Aspir Food
Corporation Inc. Inc.. and its licensors. All other trademarks, service marks, logos and
other marks are the property of their respective owners.
2. Restrictions on Use
Except as expressly
provided in these Terms and Conditions, the Content of this Site may not be
modified, reproduced, published, posted, transmitted, sold or distributed in any
way without the written permission of Aspir Food Corporation Inc. Use or
modification of the Content for any purpose other than one expressly permitted
by these Terms and Conditions (including use of any such material on any other
web-site or networked computer environment) is a violation of intellectual
property rights and other proprietary rights. Any use or modification of the
Content in whole or in part for any other purpose is strictly prohibited.
Aspir Food Corporation Inc. Inc. Trademarks may
not be used without written approval by Aspir Food Corporation Inc.. Your use of the
Baroli Caffè logo, or any other Content or materials on the Site, is strictly
prohibited.
3. Disclaimer
Content, products, materials, information and services, including without
limitation, text, graphics and links, are provided on an “as is, as available”
basis and without representations, conditions or warranties of any kind, either
express or implied. Aspir Food Corporation Inc.. does not warrant that the functions
contained in the Site materials or Content will be uninterrupted or error-free,
that defects will corrected, or that the Site or server that makes it available
are free of viruses or other harmful components. Aspir Food Corporation Inc. assumes
no responsibility for damage to your computer or computer system as a result of
use of a function or Content. Aspir Food Corporation Inc. does not represent or
warrant that the information accessible via this Site is accurate, complete or
current. You expressly agree that the entire risk as to the use, quality and
performance of the function, and accuracy or completeness of the Site and the
Content is assumed solely by you.
4. Limitation on Liability
YOU AGREE THAT ASPIR FOOD CORPORATION INC.
AND ITS AFFILIATES, DIRECTORS,
OFFICERS, SHAREHOLDERS, EMPLOYEES OR OTHER REPRESENTATIVES (THE “ASPIR FOOD
CORPORATION INC.”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, BUT NOT
LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF DATA, OR ANY OTHER
PECUNIARY OR ECONOMIC LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SITE AND/OR ITS CONTENT. IN ANY EVENT, ASPIR FOOD CORPORATION INC. PARTIES’ TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO
FIFTY CANADIAN DOLLARS ($50.00 CDN).
5. Indemnity
You agree to indemnify, defend and hold harmless Aspir Food Corporation Inc.., its
affiliates, directors, officers, shareholders, employees and representatives
from any and all claims, demands, actions, liability, losses, costs and expenses
(including attorney’s fees) in connection with your breach of these Terms and
Conditions or your violation of any law or the rights of any third party arising
out of your use of this Site. Aspir Food Corporation Inc. reserves the right, at its
own expense, to assume the exclusive defence and control of any matter, subject
to indemnification by you, and in such case, you agree to co-operate with Aspir
Food Corporation Inc.’s defence of such claim.
6. Links to Third Party Sites
This Site may contain links to third party web sites. Access to any other web
site linked to this Site is at your own risk and Aspir Food Corporation Inc. is not
responsible for the availability, accuracy or reliability of the contents of any
linked web site or any link contained in a linked web site. We provided these
links to you only as a convenience, and the inclusion of any link does not imply
endorsement of the linked web site by Aspir Food Corporation Inc.
7. Privacy Policy
Aspir Food Corporation Inc. respects your privacy. We are committed to providing you
with a safe and secure Site. Please click here to review our Privacy Policy. The
terms and conditions of the Privacy Policy are incorporated by reference herein.
8. Changes to the Terms and Conditions
Aspir Food Corporation Inc. reserves the right, at any time, to change, modify,
alter, or update these Terms and Conditions, and you agree to be bound by such
modifications, alterations or updates. Such changes may be given by any means
including, but not limited to, posting on the Site or by electronic or
conventional mail. You agree to regularly review the Terms and Conditions posted
at this Site and be aware of such revisions. Your use of this Site or ordering
of any product or service following such change constitutes your agreement to
follow and be bound by the terms as changed. If at any time these Terms and
Conditions are no longer acceptable to you, you should immediately cease use of
this Site.
9. Jurisdiction and General Issues
Aspir Food Corporation Inc.. makes no representation that this Site and the Contents
are appropriate or available for use in all locations. Those who choose to
access this Site do so on their own initiative and are responsible for
compliance with local laws, if and to the extent that local laws are applicable.
These Terms and Conditions and your use of this Site shall be governed by and
construed in accordance with the laws in force in the Province of Ontario and
the federal laws of Canada applicable therein. You agree not to bring any legal
action against Aspir Food Corporation Inc. in any jurisdiction except in the courts
located in the Province of Ontario and you hereby agree to submit and consent to
such jurisdiction. If any provision of these Terms and Conditions shall be
deemed unlawful by a court of law, then the impugned provision shall be deemed
severed and shall not effect the validity and enforceability of the remaining
provisions. These Terms and Conditions comprise the entire agreement between you
and Aspir Food Corporation Inc. and supersede all prior agreements between the
parties regarding the subject matter contained herein.
10. Acceptance
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS AGREEMENT AND THE PRIVACY POLICY AND
AGREE TO ALL OF THE TERMS AND CONDITIONS SET
FORTH THEREIN BY ACCESSING AND BROWSING THIS SITE.
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