Terms and Conditions of Use

Xcel Canada's Website

This web site is owned and operated by Xcel Canada. PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING Xcel Canada'S WEB SITE. By using this site, you signify your agreement with these Terms and Conditions of Use. If you do not agree to these terms and conditions, please do not use or further access this site.

MINORS. You agree to supervise usage by, and be responsible for the actions of, any minors who use your computer to access this site. By providing information or placing an order, you represent and warrant that you are at least thirteen (13) years of age.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION. See the Xcel Canada Privacy Policy, incorporated herein by this reference, for complete information relating to the collection and use of your personal information.

MODIFICATION OF THESE TERMS OF USE. Xcel Canada reserves the right to change the terms and conditions under which this site is offered by making changes to these Terms and Conditions of Use. You are responsible for regularly reviewing these Terms and Conditions of Use. Your continued use of this site constitutes your agreement to all such terms and conditions.

LINKS TO OTHER SITES. This site may contain images of and links to other web sites that are independently run sites outside of the xcelcanada.ca domain. Xcel Canada has no control over or responsibility for the content of such independent sites, which have their own privacy and data collection practices and terms of use, independent of Xcel Canada. Xcel Canada is providing these links to you only as a convenience. Neither these sites, nor any content available through links to and from them, are screened, reviewed or endorsed by Xcel Canada. Xcel Canada has no liability for any damages caused by the use or inability to use such third party sites.

FORWARD LOOKING STATEMENTS. This site, including the reports and audio and visual materials available through this site, includes forward looking statements, including statements concerning liquidity, future financing and working capital requirements and availability. These forward-looking statements, and others made from time to time by management, are subject to many risks and uncertainties. Many factors could cause actual results to differ materially from those projected in such forward looking statements. Risk factors that may affect liquidity, future financing and working capital requirements and availability include, but are not limited to, business disruptions and costs arising from acts of terrorism or military activities around the globe; unfavorable economic conditions generally and weakness in consumer confidence; the financial health of Company customers; the Company's ability to effectively deliver its products to customers in a timely manner due to potential service interruptions (including, but not limited to, those related to labor disputes in Canada); effects of unseasonable weather (for example, warm weather in the winter and cold weather in the spring which affects demand for the Company's products); the Company's reliance on product acceptance by consumers; dependence on independent manufacturers and suppliers; the Company's ability to successfully complete and integrate its new distribution center in Europe with existing operations; effectiveness of the Company's sales and marketing efforts; intense competition in the industry (that the Company expects to increase); the Company's ability to achieve and manage growth effectively; international risks including trade disruptions, political instability in foreign markets, exchange rate fluctuations, changes in quotas and tariffs or other duties; and the Company's ability to establish and protect its intellectual property. The Company does not undertake any obligations to update this forward-looking information to conform it to changes in circumstances or expectations.

COPYRIGHTS. All materials published or otherwise accessible through this site including, but not limited to, news articles, text, photographs, images, illustrations, audio clips, video clips, software, and other materials (the "Content") are protected by copyright, and are owned or controlled by Xcel Canada and any others which may own copyright or the party credited as the provider of the Content. All visitors shall abide by all additional copyright notices, information, and restrictions contained in the Content. All visitors shall abide by all additional copyright notices, information, and restrictions contained in any content accessed through this site.

TRADEMARKS. The trademarks, logos, and service marks, including but not limited to, "Xcel Canada" and other names, logos, and icons identifying the products and services (collectively the "trademarks") displayed on the site, are registered and unregistered trademarks of Xcel Canada and others. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the site without the written permission of Xcel Canada or such third party that may own the trademarks displayed on the Site. Your misuse of the trademarks displayed on the site, or any other content on the site, except as provided in these Legal Terms of Use, is strictly prohibited. You are also advised that Xcel Canada will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

OTHER INTELLECTUAL PROPERTY RIGHTS. The content on this web site is provided solely for your information, entertainment and educational use. It shall not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without Xcel Canada's express written permission. You shall not use in any manner any of the content from this web site on any other web site, online service or networked computer environment.

Subject to any expressly stated limitations on this web site, however, you may download or print portions of the content or trademarks on this web site on a single home computing device solely for your personal, non-commercial use, provided that you keep intact all copyright, trademark or other proprietary notices. Any other use is prohibited. Xcel Canada will at all times retain complete ownership of the content and trademarks on this site.

NO UNLAWFUL OR PROHIBITED USE. You shall not use this site for any purpose that is unlawful or prohibited by this agreement, or in any manner that could damage, disable, overburden, or impair Xcel Canada or interfere with any other party's use and enjoyment of this site. You shall not attempt to gain unauthorized access to any Xcel Canada accounts, computer systems or networks through hacking, password mining or any other means, or interfere with or modify in any manner the appearance or operation of this site. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through this site.

DISCLOSURE OF INFORMATION. Xcel Canada reserves the right at all times to monitor your use of this site and to disclose any information as Xcel Canada deems necessary to satisfy any applicable law, regulation, legal process or governmental request or to protect its rights or a third party's safety.

DISCLAIMER OF WARRANTY. THIS WEB SITE AND THE CONTENT ON IT ARE PROVIDED "AS IS." Xcel Canada DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Xcel Canada DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THIS SITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. IN NO EVENT WILL Xcel Canada BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, EVEN IF Xcel Canada HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO DAMAGES FROM ANY CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, TORT (INCLUDING NEGLIGENCE), CONTRACT, INDEMNITY OR OTHERWISE. IN NO EVENT WILL Xcel Canada'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, SO THESE MAY NOT APPLY TO YOU.

INDEMNIFICATION. You agree to defend, indemnify and hold Xcel Canada and any of its officers, directors, employees, agents and affiliates harmless from and against any and all claims, actions, liabilities, costs or damages asserted by any third party arising from or related to your use of this site or conduct in connection therewith, or otherwise arising from or related to your use of this site. You further agree to pay our reasonable attorneys' and expert witness fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this paragraph.

SEVERABILITY. Should any part or portion of this agreement be found or held to be invalid or unenforceable, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this agreement, which shall remain in full force and effect unless Xcel Canada's obligations hereunder are materially impaired.

GOVERNING LAW; VENUE AND JURISDICTION; ATTORNEYS' FEES. The rights and liabilities of the parties arising out of or relating to this agreement or your use of this web site will be governed by the laws of the province of Ontario, exclusive of choice of law rules. Any legal action arising out of or relating to this agreement or your use of this web site will take place in the provincial or federal courts in the province of Ontario and nowhere else. In any such legal action, the substantially prevailing party will be entitled to recover reasonable attorneys' fees incurred in the preparation for and prosecution or defense of such action as fixed by the trial court or appellate court. You agree that any cause of action arising out of or related to this site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

ENTIRE AGREEMENT. This constitutes the entire agreement between you and Xcel Canada regarding the access and use of this web site.

TERMINATION. Xcel Canada reserves the right to terminate or modify this agreement at any time. All provisions regarding the protection and ownership of Xcel Canada's intellectual property, disclaimer of warranties, limitations of liability, governing law, and attorneys' fees will survive termination.

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