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Terms of Use

Please Read Carefully Before Using This Website:

Macnicom Tech maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of the Macnicom Tech Website. If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website

A. TERMS APPLICABLE TO ALL USERS

1. Changes to Terms

Macnicom Tech may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

2. Scope of Use and User E-Mail

You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. Macnicom Tech shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Macnicom Tech is strictly prohibited.

 3. Copyrights and Trademarks

The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by Canadian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include Macnicom Tech’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Macnicom Tech.

Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Macnicom Tech. You may not use a part of this Website on any other Website, without Macnicom Tech’s prior written consent.

Macnicom Tech respects the intellectual property rights of others and expects our Users/ users to do the same. The policy of Macnicom Tech is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at toner@macnicom.com.

4.  Links

For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only.  However, Macnicom Tech does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to Macnicom Tech’s website and the products and services Macnicom Tech offers.  If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Macnicom Tech reserves the right to terminate any link or linking program at any time. Macnicom Tech disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

You may not link to this Website without Macnicom Tech’s written permission. If you are interested in linking to this Website, please contact toner@macnicom.com.

5.  No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to Macnicom Tech that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

6.  Spamming

Gathering email addresses from Macnicom Tech through harvesting or automated means is prohibited.  Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited.  Inquiries regarding a commercial relationship with Macnicom Tech should be directed to: toner@macnicom.com.

7.  No Warranties

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH Macnicom Tech EXPRESSLY DISCLAIMS. Macnicom Tech DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND Macnicom Tech  WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. Macnicom Tech MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Macnicom Tech

8.  Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the Province of Ontario Canada, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

9. Separate Agreements

You may have other agreements with Macnicom Tech. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Macnicom Tech.

10. No Professional Advice

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

11. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Macnicom Tech confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the provisions, in effect at the time the proceedings begin, of the Commercial Arbitration Act. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in the province of Ontario.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

12.  Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Macnicom Tech SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF Macnicom Tech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Macnicom Tech. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

13. Indemnity

You agree to defend, indemnify, and hold Macnicom Tech, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

14. Taxes

The prices listed on the Macnicom Tech Website do not include sales tax or any other custom duties, use, value added, excise, state, federal, local or other taxes.

 15. Payment Policy

 Orders placed on the Macnicom Tech Website will be throughly reviewed to ensure the accuracy of the order, the payment method is valid, and to assure the authorization to use the chosen payment method.  Credit card transactions, will be carefully monitored for credit card fraud.  Fraudulent orders will be pursued to the full extent of the law, regardless of the amount.  Credit card fraud includes:

  1. Unauthorized use/abuse of a third party’s credit card information to place an order on our Website.
  2. Intentional non payments for items ordered on the Macnicom Tech Website.

 We will take legal action against all fraudulent orders and claim the expenses and damages arising from the actions to reclaim the amount the fraudulent order.

 16. Typographical Errors

 At Macnicom Tech, we attempt to be as accurate a possible. However we do not warrant that product descriptions and other elements of our website is accurate, complete, reliable, current or error-free.  If a product is listed with incorrect information due to typographical error, we have the right  to refuse or cancel any orders placed for the products listed in error whether or not the order has been confirmed and your credit card charged.

 17. Terms of Limited Warranty

 Macnicom Tech’s 90 day warranty covers only defects arising from normal use.  This does not include malfunctions or failures arising from misuse, abuse, neglect, altercation, problems with electrical power, improper usage and incorrect installations or repairs made by anyone other than Macnicom Tech.  Any claims for return/refund must be made 90 days from the original date of shipment from Macnicom Tech.

 18. Undelivered Products

 Unfortunately, sometimes there is a delay caused by the carrier used to deliver products. Due to this we have a 15-business-day waiting period before any product will be resent.

 19. Disclaimer of Liability

 Macnicom Tech is not liable for any indirect, incidental or consequential damages.

 

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

20. Accounts And Security

Macnicom Tech does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide Macnicom Tech with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:

(a)    select or use a Login Name of another person with the intent to impersonate that person;

(b)   use a name subject to the rights of any other person without authorization;

(c)    use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.

You shall notify Macnicom Tech of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.  You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Macnicom Tech’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at toner@macnicom.com.