Norman Fournier is the owner, developer and distributor of the services associated with kawacatoose.com.
TERMS AND CONDITIONS
Application and Variation of these Terms: These terms and conditions are the terms on which kawacatoose.com provide the Services to you. These terms constitute the agreement in its entirety. We may modify these terms, including the pricing for any of the Services, or give you notice under this Agreement, by notice on kawacatoose.com or by email.
COPYRIGHT All reports and associated web site design, text, graphics, the selection and arrangement thereof, and all software is © Copyright 2010-2015 Norman Fournier. All Rights Reserved, except as noted on individual items. Copyright in the material contained within this site and reports subsist under the Copyright Act of Canada. Copyright is owned by the creator.
TERM OF AGREEMENT kawacatoose.com reserves the right to terminate this Agreement at any time without notice.
PAYMENT The service fees are payable by you, our Customer, in advance. You are not entitled to a refund of fees unless we terminate it other than by reason of your default. All other fees are payable on invoice. Accounts unpaid after date of invoice may have the Services interrupted or terminated. Such interruption does not relieve you the Customer of the obligation to make payments under this Agreement. Accounts in default may be subject to an interest charge on the outstanding balance of the lesser of 1.5% per month or the maximum rate permitted by law. You agree, in the event of default, to pay reasonable expenses, including legal and collection agency fees.
Fees are exclusive of any taxes which may be levied or assessed. Any such taxes shall be paid by our Customer. If the whole or any part of a payment is the consideration for a Taxable Supply for GST purposes, Customer must pay to Norman Fournier an additional amount equal to the applicable GST amount with that payment and Norman Fournier will provide a GST tax invoice.
Warranties: Certain legislation (including the Free Trade Act) may imply terms, warranties or conditions that cannot be excluded, restricted or modified (Statutory Warranties). Subject to the Statutory Warranties and to any other warranties given specifically:
all conditions, warranties and other provisions which might otherwise have been implied into this Agreement or otherwise in relation to the Services, are excluded, and you acknowledge that all software (including that used to provide the Services) may have errors, and that it is therefore your responsibility to monitor and verify the use of the Services.
Limitation Of Liability: Where the Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and it is fair and reasonable to do so, the liability to the Customer is limited, at the option of Norman Fournier, to:
if the claim relates to goods, repair or replacement of the goods or refund of the cost of the goods; and
if the claim relates to services, supplying the services again or refund of the cost of the services.
To the extent permitted by law, the liability of Norman Fournier to the Customer or any other person, whether in contract, tort (including negligence), under statute or otherwise, arising out of or in any way relating to this Agreement:
except as expressly stated in this Agreement, is excluded;
where it cannot be excluded, is limited in total to the fees payable by you for the Services; and
excludes liability for any indirect, secondary or consequential loss or damage or for loss of income, profits or anticipated savings or loss of opportunity.
And you, the user indemnify Norman Fournier against any loss or claim arising out the use of the Services
Trademarks and Intellectual Property Rights: Norman Fournier is the sole and exclusive owner of the Services and the underlying software code and all Intellectual Property Rights in relation to the Services. All improvements to the Services will remain the property of Norman Fournier. Norman Fournier shall have and retain sole ownership of its trademarks, including the goodwill pertaining thereto.
Norman Fournier may, but shall not be obligated to, immediately and without notice, terminate the provision of Services to you and remove your access to kawacatoose.com, if in our reasonable opinion you may be in breach of this Agreement and such termination may take place immediately and without notice to you the Customer. You acknowledge that you shall have no remedy or recourse against Norman Fournier.
You shall have no redress against kawacatoose.com in respect of any loss or claimed loss arising out of anything done under this clause.
Notwithstanding termination under this clause, kawacatoose.com shall be entitled to receive payment from you for the Services for the term of this Agreement currently in force at the time of such termination.
BREACH OF COPYRIGHT kawacatoose.com does not condone activities and actions that breach the rights of copyright owners. It is your responsibility to obey all laws governing copyright.
You may not copy or reproduce the software either in full or in part, nor attempt to in any way modify, alter, reverse engineer or de-compile the software. You are not licensed to use or install the software, other than as specifically authorised by kawacatoose.com.
TRADE AND BUSINESS OBLIGATIONS You agree to comply with all requirements for the conduct of business applicable to persons conducting business both in Canada, and in your country of residence and in particular not to breach any export law or trade restriction by the sale or supply of goods or services on your web pages.
Applicable law: Unless prohibited by the law of your place of residence, the laws of Edmonton, Alberta, govern this Agreement, and you submit to the jurisdiction of the courts of Edmonton.
Norman Fournier can be reached by phone at 587-524-3233
Norman Fournier can be reached by email at
kawacatoose.com is a Norman Fournier Creative brandname: art direction, corporate identity, advertising, exhibitry and www creative.