Terms & Conditions
Copyright © Pacesetter Trading Company Ltd. 2016. All rights reserved.
Pacesetter grants visitors permission to download and print information from this website for personal use only. Other uses, copying, modifying, distributing, publishing or transmitting of any content or materials is prohibited without written permission from Pacesetter.
NO SITE WARRANTY
This site is provided by Pacesetter on an “as is” basis. No warranty is offered or implied. Pacesetter disclaims all warranties with respect to this site, and to any information available on this site. This includes all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Pacesetter makes no warranty or representation regarding the results that may be obtained from this site, or the accuracy/reliability of any information obtained from this site, or that any information will meet any of your requirements, be uninterrupted, timely, secure or error-free. Pacesetter is not responsible for the timeliness, deletion, mis-delivery or failure to store any of your communications.
In no event will Pacesetter or any of its officers, affiliates, directors, advisors, members, representatives, or agents be liable for any direct, indirect, punitive, special, incidental, or consequential damages or any damages whatsoever, including without limitation damages: (1) for loss of use, data, information, profits or business interruption; or (2) arising out of or in any way related to a) the use or performance of this site or any linked site, b) any information obtained through this site, c) for the inability to use the site, or d) otherwise arising out of the use of this site. This limitation applies whether based in tort, contract, negligence, strict liability or otherwise, and even if pacesetter has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue using this web site.
You agree to indemnify, defend and hold harmless Pacesetter, its officers, affiliates, directors, advisors, members, representatives, and agents from any and all losses, expenses, third-party claims, liability, damages and costs (including, but not limited to, attorneys’ fees) arising from your misuse of this website, or the violation of this Agreement, including without limitation, your infringement of any intellectual property or other right or policy of any person or Pacesetter.
INTELLECTUAL PROPERTY RIGHTS
Copyright © Pacesetter Trading Company Ltd.. All rights reserved.
All content on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Pacesetter or its suppliers and is protected by Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of Pacesetter and is protected by Canadian and international copyright laws.
Pacesetter is the owner of the registered trademark “Pacesetter Products”, as well as the Pacesetter logo posted on the site. Other graphics, logos, page headers, button icons and service names appearing on this web site are also distinctive and protected trademarks or trade dress of Pacesetter or its affiliates. This site may also contain various third-party names and marks that are the property of their respective owners.
Any unauthorized use of Pacesetter’s marks, or of its copyrighted material or trade dress or any other intellectual property, is strictly prohibited and will be prosecuted to the fullest extent that the law provides.
THIRD-PARTY WEB SITES
Pacesetter is not responsible for, and has no control over, the contents of any sites linked to, referenced by, or accessible from this site, or any site that links to this site. Any links or references are provided for your convenience, and are not intended as an endorsement by Pacesetter or a warranty of any type regarding any sites or the products, services, information or materials on any sites. Your linking to or otherwise visiting any other site is at your own risk, and Pacesetter accepts no liability for the contents, accuracy or currency of any other site. Pacesetter assumes no responsibility, and is not liable, for any transmission or material, or any viral infection of your computer equipment or software, or any other types of damage related to your access, use of or browsing in this or any other site.
INTERPRETATION & DISPUTES
This Agreement is governed by the laws of the Canada and the Province of Yukon Territory, without regard to any conflict of laws provisions. Venue for any dispute arising under this Agreement shall be proper exclusively in Whitehorse, Yukon Territory. In the event of any dispute the prevailing party will be entitled to recovery of its reasonable attorneys’ fees and costs.
Any controversy or dispute arising out of or relating to this Agreement must be resolved by binding arbitration before a sole arbitrator. If the parties are unable to agree on an arbitrator within 30 calendar days of a written request for arbitration, an arbitrator will be selected pursuant to the rules and procedures of the British Columbia International Commercial Arbitration Centre (BCICAC). Either party may seek from any court interim or provisional relief that is necessary to protect the rights or property of that party, pending the appointment of the arbitrator or pending the arbitrator’s determination of the merits of the controversy.
POLICY MODIFICATIONS AND AMENDMENTS
Pacesetter reserves the right to modify or amend this policy at any time. Updates will be posted on this website. Changes will be effective immediately upon their posting. Online modifications and amendments supersede any printed version/copy of these policies, terms and conditions.