Last Updated: February 2018
In this Agreement, a reference to the Website includes all of the Website’s content (including all text, graphics, images, video, and other elements available on or through the Website) and the design, structure, selection, arrangement and look and feel of each element of Website content and the Website as a whole.
2. Other Agreements
4. Permitted Users
5. Personal Information Privacy
6. Permitted and Prohibited Use of the Website
7. Ownership of Website
Copyright © 2018. Fuelled Energy Marketing Inc. All Rights Reserved. The Website and the technologies and data used to operate the Website and all related proprietary rights (including copyright) are owned solely by Fuelled and its licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or any related technologies and data.
FUELLEDTM, FUELLED & DesignTM, the Fuelled logo and other related trademarks and symbols are registered or unregistered trademarks, service marks and trade names owned or used under license by Fuelled. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.
9. Linked Sites
For your convenience, the Website may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from Fuelled, and Fuelled does not endorse, and have responsibility or liability for or control over, any Linked Site, any products, services or content available through a Linked Site or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against Fuelled arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site.
General Disclaimers: To the fullest extent permitted by applicable law, the Website is made available and provided to you on an “as is”, “as available” and “with all faults” basis and without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions or guarantees of or relating to accuracy, capacity, completeness, delays, durability, errors, fitness for a particular purpose, lack of negligence, viruses or other harmful component, interrupted service, merchantability, non-infringement, performance, results, quality, timeliness, title or workmanlike effort, all of which are hereby waived by you and disclaimed by Fuelled to the fullest extent permitted by applicable law; and no representations, warranties, conditions or guarantees will be created by any advice or information, whether oral or written, provided by or on behalf of Fuelled. If you are dissatisfied with the Website, your sole remedy is to discontinue use of the Website.
Items for Sale: FUELLED IS NOT RESPONSIBLE FOR THE CONDITION OF ITEMS LISTED FOR SALE ON THE WEBSITE. ALL ITEMS ARE LISTED AND OWNED BY THIRD PARTY SELLERS AND FUELLED DOESN’T GUARANTEE THEIR AVAILABILITY, CONDITION, FITNESS FOR PURPOSE OR MAKE ANY OTHER REPRESENTATION OR WARRANTY WTH RESPECT TO THE QUALITY AND AVAILABILITY OF THE PRODUCTS.
Linked Sites: Without limiting the generality of any other disclaimer, you are solely responsible for the selection of Linked Sites to achieve your intended results, and you access, deal with, purchase and use Linked Sites at your own risk. Fuelled does not make or give any representation, warranty, condition or guarantee of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, regarding any Linked Site. Fuelled does not control, and is not responsible or liable for, any Linked Site.
Reservation: The laws in some jurisdictions prohibit or limit the disclaimer of certain warranties and conditions or the exclusion or limitation of certain liabilities, and so the disclaimers and liability exclusions and limitations in these terms and conditions might not apply to you.
11. Liability Exclusions
To the fullest extent permitted by applicable law, in no event and under no circumstances will Fuelled be liable to you or any other person for any loss, damage or liability (including direct, indirect, special, incidental, consequential and punitive damages) arising from, connected with or relating to your use of, or inability to use, the items sold on the website, the Website or any related matter, under any theory (including contract, tort, strict liability, statutory liability or any other theory of law), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by or on behalf of Fuelled , even if other remedies are not available or do not adequately compensate you or any other person for the loss, damage and liability and even if Fuelled knew or should have known of the possibility of the potential loss, damage or liability being incurred.
The Website may contain technologies that restrict or limit the use of the Website (including restrictions based on time or location). Fuelled in its discretion may change, suspend or terminate the Website, or limit, suspend or terminate your use of the Website, effective immediately at any time and without any prior notice or liability to you or any other person. The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of Fuelled, all without notice or liability to you or any other person.
13. Governing Law
You will commence legal proceedings regarding a Dispute within twelve (12) months after the Dispute arises, after which time any and all legal proceedings by you regarding the Dispute will be forever barred, unless such limitation is prohibited by law.
15. General Matters
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THE WEBSITE.