Terms of Use Policy

Your access to this Web Site constitutes your acceptance of the provisions contained on this Legal Notices page, as amended from time to time.

Each reference to "Web Site" in this on-line agreement shall be interpreted to only refer to all pages and files posted under the domain donnalendzyk.com.

Each reference to "we", "us" and "our" shall refer to Donna Lendzyk and donnalendzyk.com, each of Regina, Saskatchewan, Canada, and their respective heirs, executors, administrators, successors and assigns.

Jurisdiction

The Web Site is managed from Saskatchewan, Canada. This on-line agreement and any disputes or actions arising from the Web Site or any Content shall be governed by the laws of Saskatchewan, Canada and you hereby submit to the jurisdiction of the courts of Saskatchewan, Canada.

The products, services and information described in the pages of this Web Site may not be available or applicable outside of Saskatchewan, Canada. Please be aware of the laws of your country or that otherwise apply to you in relation to any of the matters described in these pages. We reserve the right, in our sole discretion, to exclude or limit the provision of any product to a person residing in any jurisdiction or geographical area.

Purchasing Merchandise and services on the Web Site

You understand that you may be required to provide credit card or other payment information (the "Information") to us or our agents to be able to purchase products and or services provided on this Web Site. You hereby represent that the Information provided will be accurate and complete. We or our agents will use the Information to charge you for any item(s) you purchase on this Web Site. You agree that the Information is provided by you at your own risk and in no event whatsoever shall we be liable for any loss, interception, alteration or unauthorized use of the Information.

We reserve the right to change or update at any time without notice descriptions and prices of any products for purchase on this Web Site.

All prices are subject to applicable provincial and/or federal sales tax, handling charges and shipping charges.

All orders outside of Canada may be subject to additional taxes, shipping charges, customs and duties, all of which shall be paid and provided solely by you.

Specific Terms

On each page of the Web Site specific terms and conditions or disclaimers may be disclosed (the "Specific Terms").

The terms and conditions contained on this page are to be read by you in accordance with the Specific Terms. If there are inconsistencies between the terms and conditions contained in this document and the Specific Terms, the provisions of the Specific Terms shall govern to the extent of the inconsistencies.

External Agreements

Products and services described or offered on this Web Site may be subject to external specific agreements or other terms and conditions associated with such products and services (the "Specific Agreements"). The Specific Agreements will govern the use of any such products or services. If there are inconsistencies between the terms and conditions contained in this document and the Specific Agreements, the provisions of the Specific Agreements shall govern to the extent of the inconsistency.

Content

The individual items of information, software, links to other web sites and other material provided in, or accessible through, the pages of this Web Site (the "Content") are provided free of charge to the public for general informational and reference purposes only. You assume all responsibility for using, or relying upon, the Content and any information you may access through this Web Site.

Intellectual Property

The Content may be protected by copyright. You may not copy, distribute or otherwise publish any Content protected by copyright, without obtaining permission of the copyright owner. In addition, you may not reproduce or store any Content in an electronic retrieval system. In exchange for your agreement with the provisions contained on this Legal Notices page, you are granted a limited license to display and print the information for personal non-commercial purposes only. All applicable notices and the web address of the document must appear on any such copies. Any other use or distribution of the Content, in whole or in part, is prohibited without the written consent of the author. We retain all intellectual property rights on all Content within the Web Site.

NO LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE (INCLUDING OUR FAMILY MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND INFORMATION PROVIDERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

(I) ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF PROFITS AND LOSS OF BUSINESS OPPORTUNITIES, THAT RESULT IN ANY WAY FROM ACCESS OR USE OF THE WEB SITE AND/OR CONTENT, INCLUDING YOUR PURCHASE OF ANY SERVICES OR PRODUCTS OR ACCESS TO THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE WEB SITE AND/OR CONTENT, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, ERRORS, DEFECTS, DELAYS IN PREPARATION OR TRANSMISSION OR FAILURE OF PERFORMANCE; AND

(II) ANY LOSSES OR EXPENSES (INCLUDING LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING BASED ON A CONTENTION THAT THE USE OF THE WEB SITE OR CONTENT BY YOU OR A THIRD PARTY INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.

THE LIMITATIONS OF LIABILITY DESCRIBED IN THE TERMS AND CONDITIONS DESCRIBED ON THIS LEGAL NOTICES PAGE SHALL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION IS IN CONTRACT (INCLUDING WITHOUT LIMITATION, BREACH OF A FUNDAMENTAL TERM) OR TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE).

NO WARRANTIES

WE (INCLUDING OUR FAMILY MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND INFORMATION PROVIDERS) PROVIDE THE WEB SITE AND CONTENT ON AN "AS IS, WHERE IS" BASIS AND DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, ENDORSEMENTS OR CONDITIONS WITH RESPECT TO THE WEB SITE OR THE CONTENT, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, OPERATION, NON-INFRINGEMENT, USEFULNESS, COMPLETENESS, ACCURACY, CURRENTNESS, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

FURTHER, WE DO NOT REPRESENT OR WARRANT THAT THE WEB SITE WILL BE AVAILABLE AND MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND TO TAKE REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.

Trademarks

Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this Web Site may constitute trade names, trademarks or service marks held by us. The display of trademarks on pages at this Web Site does not imply that a license of any kind has been granted.

External Links

Links to web sites outside the domain are meant for convenience only. No endorsement or guarantee of any third party information, products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this Web Site. We make no representations whatsoever about any other web site which you may access through this Web Site and do not assume any liability or responsibility whatsoever for the operation of, or content at, any of the linked resources, nor for any of the interpretations, comments or opinions expressed therein.

Internet and E-Mail Transmission

Internet software or electronic transmission errors may produce inaccurate or incomplete copies of the Content of this Web Site when downloaded and displayed on any computer. We do not assume any liability or responsibility whatsoever for inaccurate or incomplete information due to software problems, transmission errors, the display of Content in browser frames displaying information from other web sites, or any misinterpretation of the Content due to such. We do not assume any liability or responsibility whatsoever for computer viruses or other destructive programs received during the electronic transmission of the Content of this Web Site or any web sites accessed through links provided therein. It is advisable to employ the use of virus protection software on any and all computer systems used to access the Internet or in any manner share files with other computer systems. Any unprotected Email or other communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), subject to possible interception or loss, and is also subject to possible alteration.

Changes

Changes may be made to the terms and conditions contained in this document at any time by us without notice by updating this posting. You agree to review the terms and conditions contained in this document regularly and your continued access or use of the Web Site will mean that you agree to any such changes.

The Content may be changed at any time without notice.

This page last revised November 27, 2004.