Terms & Conditions 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS SITE, YOU OR THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS OF USE. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THE CHI IN NATURE LTD. WEB SITE. PLEASE READ THIS DOCUMENT CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS SITE!

CHI IN NATURE LTD. may revise and update these Terms and Conditions at anytime. Please periodically review the Terms and Conditions posted at the CHI IN NATURE LTD. web site because Your continued usage of the CHI IN NATURE LTD. web site (the homepage of which is at http://www.chiinnature.com) ("CHI IN NATURE LTD. web site," or the "web site,") after any changes to these Terms and Conditions will mean You accept those changes.

Section 1. CHI IN NATURE LTD. Privacy Policy
CHI IN NATURE LTD.'s position on the privacy of its customers and visitors to this web site can be found in the CHI IN NATURE LTD. Privacy Policy.

Section 2. Use of Content -- Copyright
Upon acceptance of these Terms and Conditions, CHI IN NATURE LTD. authorizes You to view or download a single copy of the material on this web site solely for Your personal, informational and noncommercial use, provided that You retain all copyright and other proprietary notices contained in the original material on any copies of the material. Such material specified above does not include the design or layout of the CHI IN NATURE LTD. web site. Elements of the CHI IN NATURE LTD. web site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the CHI IN NATURE LTD. web site may be copied or retransmitted unless expressly permitted by CHI IN NATURE LTD.. Special rules or license terms may apply to the use of certain software and other items provided to you via the CHI IN NATURE LTD. web site (collectively, "Software"). Any such special rules or license terms accompany or are listed in association with or through a hyperlink associated with the Software.

The contents of the CHI IN NATURE LTD. web site ("Content"), such as text, graphics, data, images, Software and other material are protected by copyright and other laws in Canada, the United States, and other countries, and title to the Content shall not pass to You or any other party. Except to the extent required by law or as expressly provided herein, none of the Content may be reverse-engineered, disassembled, decompiled, reproduced, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of CHI IN NATURE LTD.. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. Without limitation of the foregoing, unless independently licensed by CHI IN NATURE LTD., use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.

Content is subject to change without notice at the editorial discretion of CHI IN NATURE LTD.. If You violate any of these Terms and Conditions, Your permission to use the Content automatically terminates and You must immediately destroy any copies You have made of any portion of the Content.

Section 3. Access to CHI IN NATURE LTD. Systems and Information through the CHI IN NATURE LTD. web site
The CHI IN NATURE LTD. web site provides access to certain CHI IN NATURE LTD. computer and network services ("CHI IN NATURE LTD. Systems") for the purpose of retrieving information and data regarding CHI IN NATURE LTD. Subject to compliance with each of the terms of this Agreement, CHI IN NATURE LTD. agrees to permit You to access the CHI IN NATURE LTD. Systems via the CHI IN NATURE LTD. web site for the sole purpose of obtaining Information. Following are certain requirements regarding such access:

•You may not use or access the CHI IN NATURE LTD. Systems in any way which, in CHI IN NATURE LTD.'s judgement, adversely affects the performance or function of the CHI IN NATURE LTD. Systems or CHI IN NATURE LTD. web site or interferes with the ability of authorized parties to access the CHI IN NATURE LTD. Systems or CHI IN NATURE LTD. web site. Without limitation of the foregoing, you may not use automatic inquiry engines to interact with the CHI IN NATURE LTD. Systems or obtain Information.
•You may not mask or misrepresent your identity when using the CHI IN NATURE LTD. web site or Systems. You may not gain access, or attempt to gain access, by any means, to any CHI IN NATURE LTD. computer system or database, other than the CHI IN NATURE LTD. Systems to which You are expressly permitted access via the CHI IN NATURE LTD. web site. You shall use or disclose the Information only in connection with packages shipped by or to You or on Your behalf.
•CHI IN NATURE LTD. may terminate, update, alter or supplement any or all of the CHI IN NATURE LTD. Systems and services and Information available from the CHI IN NATURE LTD. Systems. While CHI IN NATURE LTD. does not at this time charge for use of the CHI IN NATURE LTD. Systems or the Information, CHI IN NATURE LTD. may assess charges for any or all of such items in the future, in its sole discretion, by providing notice of such charges to You and restricting access to the CHI IN NATURE LTD. Systems and Information absent Your agreement to pay such charges. By permitting limited usage of the CHI IN NATURE LTD. Systems via the CHI IN NATURE LTD. web site and as permitted herein, CHI IN NATURE LTD. does not convey any interest in or to the CHI IN NATURE LTD. Systems or any other CHI IN NATURE LTD. property or services. All right, title and interest in and to the CHI IN NATURE LTD. Systems and the Information is and shall remain in CHI IN NATURE LTD..
•If CHI IN NATURE LTD. in its sole judgment believes either (i) that the CHI IN NATURE LTD. Systems or Information are being used for a purpose not approved by CHI IN NATURE LTD. or in violation of any law, regulation or ruling, (ii) that CHI IN NATURE LTD.'s or any third party's rights or interests are jeopardized or potentially exposed to liability or damage, or (iii) that You are in default under this Agreement, CHI IN NATURE LTD. may immediately terminate Your access to the CHI IN NATURE LTD. Systems.

Section 4. Limitation of CHI IN NATURE LTD.'s Liability - Disclaimer of Responsibility for Damages
CHI IN NATURE LTD. makes no representations about the results to be obtained from using the CHI IN NATURE LTD. web site, the CHI IN NATURE LTD. Systems, the Information or the Content. The use of same is at Your own risk.

WHEN USING THE CHI IN NATURE LTD. WEB SITE AND THE CHI IN NATURE LTD. SYSTEMS, INFORMATION AND CONTENT WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF CHI IN NATURE LTD. AND ITS SUPPLIERS. ACCORDINGLY, CHI IN NATURE LTD. ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY CONTENT OR INFORMATION.

THE CHI IN NATURE LTD. WEB SITE, THE CHI IN NATURE LTD. SYSTEMS, THE INFORMATION AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CHI IN NATURE LTD., ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. CHI IN NATURE LTD., ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE CHI IN NATURE LTD. WEB SITE OR THE CHI IN NATURE LTD. SYSTEMS.

IN NO EVENT SHALL CHI IN NATURE LTD., ITS LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE CHI IN NATURE LTD. WEB SITE BE LIABLE FOR ANY DAMAGES OR PENALTIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE CHI IN NATURE LTD. WEB SITE OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHI IN NATURE LTD. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHI IN NATURE LTD. SHALL BE LIABLE TO YOU ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU. THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.

Section 5. Links
The CHI IN NATURE LTD. web site contains links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by CHI IN NATURE LTD. of the content on such third-party web sites. CHI IN NATURE LTD. is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If You decide to access linked third-party web sites, You do so at Your own risk. Your use of third-party web sites is subject to any applicable terms and conditions of use for such sites. Linking to any page of the CHI IN NATURE LTD. web site other than http://www.chiinnature.com through a plain text link is strictly prohibited in the absence of a separate linking Agreement with CHI IN NATURE LTD.. Any web site or other device that links to http://www.chiinnature.com. is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that CHI IN NATURE LTD. is endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with CHI IN NATURE LTD., (e) presenting false information about CHI IN NATURE LTD. products or services, and (f) using any CHI IN NATURE LTD. logo or mark without permission from CHI IN NATURE LTD..

Section 6. Indemnity
You agree to defend, indemnify and hold CHI IN NATURE LTD., 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 use of the Content (including Software) in a manner that violates or is alleged to violate these Terms and Conditions.

Section 7. Compliance With Law Including Export Control
You agree in utilizing the CHI IN NATURE LTD. web site, the CHI IN NATURE LTD. Systems, Information and Content. You will do so exclusively for authorized and legal purposes consistent with these Terms and Conditions, all applicable laws and regulations, and the rights of others.

Canada, the United States, and certain other jurisdictions control the export of products and information. You agree to comply with such all applicable restrictions and not to export or re-export the Content (including Software) to countries or persons prohibited under Canada, the United States, or other applicable export control laws or regulations. By downloading the Content (including Software), You are representing that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including Software).

Section 8. General
CHI IN NATURE LTD. is based in Toronto, Ontario. CHI IN NATURE LTD. makes no claims the Content is appropriate or may be downloaded outside of Canada. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If You access the CHI IN NATURE LTD. web site from outside Canada, You do so at Your own risk and are solely responsible for compliance with the laws of Your jurisdiction and any other applicable laws.

Section 9. Jurisdiction
YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE AND CONSENT THAT ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE CHI IN NATURE LTD. WEB SITE, THE CHI IN NATURE LTD. SYSTEMS, INFORMATION, AND CONTENT MAY BE INSTITUTED IN ANY PROVINCIAL, STATE OR FEDERAL COURT SITTING IN THE CITY OF TORONTO, PROVINCE OF ONATRIO, CANADA AND, YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH SUIT, ACTION OR PROCEEDING, AND IRREVOCABLY SUBMIT GENERALLY AND UNCONDITIONALLY TO THE JURISDICTION OF ANY SUCH COURT IN ANY SUCH SUIT, ACTION OR PROCEEDING. YOU AGREE THAT SERVICE OF PROCESS MAY BE MADE BY PERSONAL SERVICE OF A COPY OF THE SUMMONS AND COMPLAINT OR OTHER LEGAL PROCESS IN ANY SUCH SUIT, ACTION OR PROCEEDING, OR BY ANY METHOD OF SERVICE PROVICED FOR UNDER THE APPLICABLE LAWS IN EFFECT IN THE PROVINCE OF ONTARIO. IN ANY SUCH ACTION OR PROCEEDING YOU AGREE TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY AND WAIVE TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION THAT YOU MAY HAVE THAT EACH ACTION OR PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Section 10. Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE OR OTHER AGREEMENT BETWEEN YOU AND CHI IN NATURE LTD. OR IN THE CHI IN NATURE LTD. RATE AND SERVICE GUIDE AND TARIFF, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND CHI IN NATURE LTD. WITH RESPECT TO THE USE OF THE CHI IN NATURE LTD. WEB SITE, THE CHI IN NATURE LTD. SYSTEMS AND ANY SOFTWARE, INFORMATION AND CONTENT CONTAINED THEREIN.

 

 

 

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