The following terms and conditions (the “Terms”) shall govern the sale by Magnotta Winery Corporation and its wholly-owned subsidiary Magnotta Brewery (Vaughan) Ltd (collectively, "Magnotta"). By accessing and using the Website(s), you agree to be bound by the Terms . You agree that Magnotta may, at its sole discretion, modify the Terms at any time with or without notice to you. The revised Terms shall be posted on the Website(s). You should review these Terms prior to each purchase or other use of the Website(s) for any such changes.
Ownership/Restrictions on Use. The Magnotta trade-marks on the Website(s), including their associated logos, are owned by and used under license. The Website(s) service and any and all data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information related thereto (collectively, the "Content") is owned by Magnotta and/or its third party licensors. The Content is protected by Canadian and international copyright and trademark laws.
The Content is for your personal, non-commercial use only. You may not modify, copy, reproduce, publish, post, transmit, distribute, perform, create derivative works from, transfer or sell any Content for other than personal, non-commercial use without the express prior written consent of Magnotta.
Links. The Website(s) may contain hyperlinks to other World Wide Web sites which are owned and operated by unaffiliated third parties ("Other Site(s)"). The hyperlinks to Other Sites are offered as a convenience, and do not constitute an endorsement by Magnotta of any Other Site, its resources, or its content. Magnotta will not be liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such Other Sites.
You acknowledge and agree that your dealings with any third parties, including any merchants or advertisers linked to the Website(s), including payment for and delivery of goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely between you and such third parties. You agree that Magnotta will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
Magnotta reserves the right to deny or revoke permission to link to the Website(s) from any Other Site for any reason in our sole discretion.
Disclaimer. The Products and the Content are not guaranteed and are being provided on an “as is” basis, and Magnotta makes no representations, warranties or conditions of any kind, express or implied, including without limitation, representations, warranties and conditions of merchantability, quality or fitness for a particular purpose. Magnotta does not warrant that the functions contained in the Website(s) or any Content will be uninterrupted or error-free; that defects will be corrected; or that the Website(s) or the servers that make it available are free of viruses or other harmful components.
Limitation of Liability. Magnotta shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages arising from any Products purchased through this Website(s). Without limiting the foregoing, the maximum total liability of Magnotta, and their respective directors, officers, employees, agents, contractors (collectively, the “Magnotta Parties”) shall be an amount equal to the replacement cost of the Product(s) you purchased from Magnotta, if any. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no circumstance will liability exceed the amount, if any, you paid Magnotta for the applicable Product.
Indemnity. You agree to indemnify, defend and hold the Magnotta Parties harmless from any and all claims, liabilities, damages, actions, losses and expenses (including all legal fees) arising out of your use of the Website(s) including, without limitation, your purchase of any Products through the Website(s). Notwithstanding the foregoing, Magnotta retains the exclusive right to defend, settle, and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Magnotta and in no event shall you settle any such claim without our prior written approval.
Governing Law. The laws of the Province of Ontario and the applicable laws of Canada will govern these Terms and all related transactions. Both Magnotta and you agree to the non-exclusive jurisdiction of the courts of the Province of Ontario.
Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision shall be severed from the rest of these Terms, which shall continue in full force and effect.