The materials in our site are provided “as is” and without warranties of any kind either express or implied. 4Flat disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. 4Flats does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that our pages on any server are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials in our sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
4Flat WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE/S AND/OR PRODUCTS
USE OF (OR INABILITY TO USE) ANY SITE/S AND/OR PRODUCTSTO WHICH YOU HYPERLINK FROM OUR SITE/S
FAILURE OF OUR SITE/S AND/OR PRODUCTS TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE/S AND/OR PRODUCTS
OMISSION ON OUR SITE/S AND/OR PRODUCTS
INTERRUPTION OF AVAILABILITY OF OUR SITE/S AND/OR PRODUCTS
DEFECT ON OUR SITE/S AND/OR PRODUCTS
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE/S AND/OR PRODUCTS
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTIAL DAMAGES.”)
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE/S.
INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF 4FLAT CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED VIOLATIONS OF THIS POLICY BY SUCH CUSTOMER OR END USER.
If you do not agree with any of the terms mentioned above please do not use our services.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of Canada, you are responsible for compliance with any applicable local laws.
To the extent you have in any manner violated or threatened to violate 4Flat and/or its affiliates’ intellectual property rights, 4Flat and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the Province of British Columbia, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: British Columbia. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: British Columbia. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.