1. Content Limitation and Uses
The Website contains information regarding BREVILLE, its products and customer service programs. The products described on this site contain uniquely CDA specifications and are offered for sale only in the CANADA. You are not allowed to use or access this site if your use or access would violate any law in your home jurisdiction or if your home jurisdiction considers any of the content on this site to be illegal.
2. Copyright Notice
The content displayed on BREVILLE Website including but not limited to the Website's look and feel, text, graphics, images, metatags, code, sound or video materials, designs, the URL and software ("Content"), is either the property of, or used with permission by, BREVILLE and is also protected by CDA laws and International copyright and trademark laws. All rights including but not limited to copyright, title and interest in the Content belong to BREVILLE or its respective owners. The compilation (meaning the collection, arrangement and assembly) of all Contents on this Website is also the exclusive property of BREVILLE or its respective owners and protected by CDA and International database protection and copyright laws.
4. TRADEMARK NOTICE
The trademarks, service marks, trade names, domain names and logos ("Trademarks") displayed on the Website are either pending, registered, or unregistered Trademarks of BREVILLE or their respective owners. You may not use Trademarks without express written authorization of BREVILLE or respective owners. Nothing appearing on the Website or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Website.
5. DISCLAIMERS AND LIMITATIONS ON BREVILLE'S LIABILITY
BREVILLE and its service providers (collectively the "Providers") do not accept any liability for your use of the Website. For that reason, the following provisions apply to your use of the Website: Your use of the Website is at your own risk. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OR ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY BREVILLE AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. [Some jurisdictions require such waivers to be in all caps bold to be effective]. You are solely responsible for provisioning, configuring and maintaining all equipment and software you use or allow others to use in connection with the Website including all computers and related equipment and software. The Website may contain links to web sites operated by parties other than BREVILLE. BREVILLE does not control such web sites and is not responsible for their contents. BREVILLE's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators. Any mention of any competitors of BREVILLE on this website is merely as a means of identifying them. No other or further comparisons or implications are intended or should be drawn. The operation of the Website may be affected by numerous factors beyond BREVILLE's control. The operation of the Website may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated, and we do not warrant or guaranty that the Website is free from deleterious or injurious code when you access it. In no event will BREVILLE be liable to you or any other person for any losses suffered as a result of the operational failure, malfunction, interruption, data loss, security breach, change, amendment or withdrawal of the Website. BREVILLE and the Providers are not liable to you or any other person for any loss or damage arising from or related to any misprints or errors on the Website. Without limiting the generality of the foregoing, BREVILLE and the Providers make no representations, warranty or condition that: The Website will meet your requirements or will be compatible with your computer and related equipment, and software; The Website will be available or will function without interruption or will be free or errors or that any errors will be corrected; The Website, the information obtained through the Website, or any results that may be obtained through the use of the Website or the information will be accurate, complete, reliable, timely, or authentic; The quality of any services, information or other materials obtained throughout the Website will meet your expectations; The use of the Website, including the browsing and downloading of any materials from the Website will be free of viruses, Trojan horses, worms or other destructive or disruptive components or bugs; The use of the Website will not infringe the intellectual property or other rights of any person; and BREVILLE and the Providers disclaim any and all liability regarding such matters of the fullest extent permitted by law.
6. LICENSE AND SITE ACCESS
You may access and make personal use of this site through the limited license granted herein by the BREVILLE. BREVILLE expressly reserves the right to remove any content posted to the web site and terminate access to the web site for any reason at any time.
BREVILLE grants permission for you to access and use this site only consistent with this limited license. You may not download or alter any portion of this site without express consent by BREVILLE. You may not use any tool that gathers data or extracts data from this web site including, but not limited to, data mining software or robots. You may not use utilize any tools which would allow you to enclose,obscure, or deploy code to interact with any proprietary information on the web site, nor may you use any meta tags or other hidden text to utilize any proprietary information on the web site. Advertisements that pop-up, pop-over, pop-under the site or have content related to his site are not allowed to gather any data from the Website.
You may not create a hyperlink to the homepage of the BREVILLE web site without express permission from BREVILLE. You must also obtain express permission from BREVILLE in order to use any proprietary logos or graphics on this web site.
7. YOUR REPRESENTATIONS AND WARRANTIES
As a condition of accessing the site and a limitation of your license to do so, You represent and warrant to BREVILLE the following:
You represent and warrant that you are legally capable of making this agreement and that your acceptance and agreement of this Agreement is also made on behalf of any legal person you purport to represent without limitation or qualification and that you will abide by and be bound by this agreement and you represent and warrant that you have the legal authority to agree to and accept this agreement on behalf of yourself and any legal person you purport to represent. When corresponding with BREVILLE, its affiliates, or to the audience of the web site through e-mail, posting data or otherwise, you represent and warrant that you will not send or post material which is vulgar, profane, defamatory, libelous, or otherwise offensive or illegal.
You further represent and warrant that you are at least thirteen years old to provide information to the web site.
8. Liability Exclusion
BREVILLE and the Providers will not under any circumstances be liable to you or any other person for any loss of use, loss of productions, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, in connection with , or relating to the use of the Website by you or any other person, and regardless or any negligence or other fault or wrongdoing by BREVILLE or the Providers of any other person for whom any of them is responsible, and notwithstanding that BREVILLE or the Providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.
You agree to indemnify, defend and hold BREVILLE and its affiliates, officers, directors, agents and employees and, where applicable, licensors and suppliers, harmless from any liability, loss, claim, demand and expense, including reasonable lawyer's fees, related to your use of the Website.
You represent and warrant to BREVILLE that you will not to send or post on the site any information, file, or material which contains deleterious or injurious code including but not limited to cancelbots, Trojan horses, viruses, and worms and that any material sent/posted by you is not fraudulent, misleading, or deceptive. You further represent and warrant that the material sent/posted to BREVILLE is a product of your own work and does not violate any copyright, trademark, or other intellectual property right of another and that it does not violate the privacy rights of any third party.
In the event that any part of a provision(s) of the Terms and Conditions set out in this Legal Notice is (are) held to be invalid, unenforceable, or void, such provision(s) shall, by the adjudicating body, be applied to the fullest extend possible and shall be read-down only to the extent absolutely necessary to comply with applicable law. If any provision(s) of the Terms and Conditions set out in this Legal Notice is (are) held to be invalid, unenforceable, or void, such provision(s) shall be severed from the Legal Notice. The fact that part of a provision(s) or an entire provision(s) has (have) been held to be invalid, unenforceable, or void such determination shall not affect the validity and enforceability of any other remaining provisions.
12. Governing Law and Dispute Resolution
This Agreement, your use of the Website and all related matters are governed solely by the laws of the State of California, and applicable laws of the United States of America without respect to its choice of law provisions. BREVILLE reserves the right to file any civil action in California, arising from your violation of the terms and conditions of this Agreement.
Any dispute between BREVILLE and you or any other person arising from, in connection with or relating to the Website, this Agreement, or any related matters must be resolved before the state and federal courts of California, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute.
This Agreement constitutes the entire agreement between you and BREVILLE with respect to the subject matter in this Agreement and it supersedes all prior or contemporaneous communications and proposals on the same or similar subject, whether electronic, oral, or written, between you and BREVILLE.