TERMS OF PURCHASE
The terms and conditions set forth in these terms of purchase (this "Agreement") and in the "Terms of Access" constitute the entire agreement between University Search Inc herein referred to as "University Search" and you, herein referred to as the "Buyer" concerning products purchased through the Website. Capitalized terms used herein shall have the meaning as defined herein, or if not defined, as defined in the Terms of Access.
1. Offer and Acceptance
By ordering a product on the Website, Buyer shall be deemed to have made an offer to buy the specified product from University Search pursuant to this Agreement. The acceptance and fulfillment by University Search of any order placed on the Website is subject to Buyer's acceptance of all of the terms of this Agreement. All other contrary terms and conditions are expressly rejected, and no addition or modification to this Agreement shall be binding unless agreed to in writing by University Search. Buyer accepts these terms and conditions by placing an order through the Website, or by receiving delivery of any products ordered by Buyer from the Website. University Search shall not be deemed to have accepted Buyer's offer unless and until University Search sends to Buyer, through electronic means, facsimile or other written communication, an acknowledgment that Buyer's order has been confirmed and will be fulfilled by University Search. University Search's acceptance of any offer by Buyer is only made with the express understanding that this Agreement shall govern any sale of products through the Website to Buyer.
2. Prices, Availability and Taxes
Prices of products on the Website are subject to change at any time without notice. All products may not be available in all areas. Product availability is subject to change at any time and University Search makes no representations or warranties regarding product availability. Buyer shall be responsible for any tax or other governmental charge due to the sale, use or delivery of the product, including, but not limited to, GST/HST Tax. All applicable taxes and other charges will be added to the purchase price.
When ordering products on the Website, Buyer may use VISA, MASTERCARD and INTERAC. University Search will not accept checks, COD, or credit cards registered outside of Canada or the United States. If Buyer fails to pay for any products received, University Search shall have the right, in addition to other remedies, to suspend or cancel further deliveries, and to proceed in any court of proper jurisdiction against Buyer for all amounts due to University Search, including, but not limited to, lawyer fees, costs and interest.
4. Access to purchased product
University Search will distribute the login and password required to electronically access the product purchased by Buyer on the Website within 48 hours of placement of the order.
5. Order cancellation
To cancel an order you have placed with University Search, you must contact customer support by email (firstname.lastname@example.org) or by phone (1888-915-1005). Every effort will be made to accommodate the cancellation of your order as long as the request is made within 24 hours of placing the order. When contacting customer support to cancel an order, please be ready to provide your name, the order number, and your contact information.
6. Refund Policy
All refunds must be approved by University Search administration prior to refund. Refund application requests must be completed and sent by email within 7 days of of purchase a $60.00 administration fee will apply per license. No exceptions. No omissions. By making a purchase with University Search, you are confirming that you have read and understand our return authorization policy and administration fee.
7. Disclaimer of Warranties
SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING NON INFRINGEMENT, THE PRODUCTS, OR THE MERCHANTABILITY OR FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES. Buyer is solely responsible for determining the suitability of the products for the uses and applications contemplated by Buyer. Buyer assumes all risks and liabilities arising out of possession, use, or resale of the products, whether used singly or in combination with other material, including, but not limited to, any risk or liability based on alleged negligence on the part of University Search.
8. Buyer's Representations
Buyer represents that it has the requisite power and authority to enter into this Agreement and to perform the obligations under this Agreement. Buyer represents that it has provided accurate information to University Search in purchasing products through the Website and that its offer to purchase products complies with all applicable laws.
Buyer shall defend, indemnify and hold University Search and TheSportSource, including, but not limited to, their affiliates, agents, assigns, attorneys, employees, insurers, officers, predecessors, representatives, and successors, harmless from and against all claims, liabilities, costs and expenses (including, but not limited to, those related to injury or to death of Buyer's employees or other persons) arising from or connected with (a) a breach by Buyer of this Agreement or (b) the possession, handling and use of the products by Buyer or others, including, but not limited to, any claims alleging negligence on the part of University Search and TheSportSource. University Search and TheSportSource may participate in the defense of any such claim for the further protection of its own interests.
10. Limitation of Claims
Without limiting the scope of any other terms and conditions herein, any and all claims related to products sold to Buyer through the Website shall be made within thirty (30) days after receipt of the product to which the claim relates, or if for non-delivery, after the scheduled delivery date thereof. Buyer's failure to give University Search written notice of any claim within the applicable time period shall constitute an absolute and unconditional waiver of such claim. In no event shall Buyer commence any action against University Search related to products sold to Buyer through the Website later than one year after receipt of the product giving rise to such action.
11. Limitation of Liability
Without limiting the scope of any other terms and conditions herein, including University Search 's disclaimer of warranties, no claim of any kind, whether as to products delivered or for non-delivery of products, or otherwise, and whether based on contract, breach of warranty, negligence, strict liability, indemnity, contribution, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL UNIVERSITY SEARCH AND THE SPORTSOURCE BE LIABLE FOR LOSS OF BUSINESS, LOSS OF PROFITS OR GOOD WILL, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BUYER'S CLAIM IS BASED ON CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, AND NOTWITHSTANDING ANY CLAIM THAT SUCH LOSSES WERE REASONABLY FORESEEABLE TO UNIVERSITY SEARCH AND THESPORTSOURCE OR ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
12. Force Majeure
Without limiting the scope of any other terms and conditions herein, University Search and TheSportSource shall not be responsible or liable for any delay or failure to deliver any or all of the products for causes beyond its reasonable control, including, but not limited to, any cause or circumstance which makes impracticable the production, transportation or delivery of the products. University Search may cancel an order to the extent the quantity not delivered is due to any such cause or circumstance. Buyer hereby releases University Search and TheSportSource from responsibility or liability for any resulting incomplete fulfillment of Buyer's order.
a) No waiver by either party of any breach of any terms or conditions contained herein shall be considered as a waiver of any succeeding breach of the same or any other terms or condition herein. Nothing contained herein shall limit the remedies of University Search in the event of Buyer's breach of this Agreement.
b) All notices related to this Agreement shall be in writing. The parties expressly agree that electronic communications shall be considered "writings" for all purposes under applicable law. If notice is not sent by electronic communications, notices shall be deemed given when delivered to or deposited in the Canada Post mail, first class, postage prepaid, and, if to Buyer, sent to the address identified by Buyer when registering to purchase products through the Website and, if to University Search, to University Search INC. 26 Barclay Street, Hamilton, Ontario, Canada L8S 1P2
c) If any terms and conditions herein are held to be invalid or unenforceable, such holding shall not affect the validity or enforceability of any other term or condition herein.
d) These Terms and Conditions shall be governed by and considered under the laws of the province of Ontario, Canada, without regard to conflict of laws principles. Any legal action with respect to any transaction subject to this Agreement must be commenced within one year after the cause of action has arisen. Any actions arising out of products purchased through the Website shall be commenced in the courts of Ontario. Buyer agrees to submit to the jurisdiction of these courts and waives any claim that venue is improper for any reason in these courts.
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