Terms of Use

Last Updated July 6th, 2010

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

This site is intended for Canadian use only.

Your use of www.TapouTENERGY.ca is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using www.TapouTENERGY.ca, you signify your acceptance of these Terms and Conditions.

www.TapouTENERGY.ca may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the www.TapouTENERGY.ca web site. Your continued use of the www.TapouTENERGY.ca web site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.

Ownership

The TapouTENERGY.ca web site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of TapouTENERGY which is under license by Upper 49th Imports Inc. 2699 Bristol Circle Unit 2, Oakville, Ontario, and/or its various subsidiaries, affiliates, third party providers and distributors ("Third Parties"), and are protected under the copyright laws of Canada and other countries. None of the content found on www.TapouTENERGY.ca may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of TapouT ENERGY and/or the applicable Third Parties.

TapouT ENERGY, www.TapouTENERGY.ca, and all other TapouT ENERGY related trademarks and design marks displayed on TapouTENERGY.ca (collectively, the "Trademarks") are registered and common law trademarks of TapouT LLC. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. Nothing contained on www.TapouTENERGY.ca should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of TapouT ENERGY or such other party that may own the applicable trademarks.

Use of site

Neither the www.TapouTENERGY.ca web site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of TapouT ENERGY, except that you may download, display and print the content presented on www.TapouTENERGY.ca for your personal, non-commercial use only. Unauthorized use of www.TapouTENERGY.ca and/or the content contained on www.TapouTENERGY.ca may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited.

You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

In its sole discretion, in addition to any other rights or remedies available to TapouT ENERGY and without any liability whatsoever, TapouT ENERGY at any time and without notice may terminate or restrict your access to any component of www.TapouTENERGY.ca.

User name and password

Your www.TapouTENERGY.ca website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized TapouT ENERGY representative. TapouT ENERGY recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

All login names and passwords remain the property of TapouT ENERGY, and may be cancelled or suspended at any time by TapouT ENERGY without any notice or liability to you or any other person. TapouT ENERGY is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify TapouT ENERGY of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

Privacy

You have read the www.TapouTENERGY.ca Privacy Policy, the terms of which appear on www.TapouTENERGY.ca and are incorporated into these Terms and Conditions, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by TapouT ENERGY and/or Third Parties in accordance with the terms of and for the purposes set forth in the TapouT ENERGY Privacy Policy.

Feedback

TapouT ENERGY enables visitors to www.TapouTENERGY.ca to provide TapouT ENERGY with feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant TapouT ENERGY a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant TapouT ENERGY the right to use the name you submit with the Customer Content, if any, in connection with TapouT ENERGY’s rights hereunder.

Liability disclaimer

Except as explicitly provided in these Terms and Conditions as amended from time to time, TapouT ENERGY and the Third Parties make no representations or warranties of any kind, express or implied, regarding www.TapouTENERGY.ca and/or any content provided on www.TapouTENERGY.ca, all of which are provided on an "as is" and "as available" basis. TapouT ENERGY and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of www.TapouTENERGY.ca, or any of the content or data found on www.TapouTENERGY.ca, and expressly disclaim all warranties and conditions in respect of www.TapouTENERGY.ca, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

TapouT ENERGY and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

TapouT ENERGY and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on www.TapouTENERGY.ca or your downloading of any materials, data, text, images, video or audio from www.TapouTENERGY.ca.

In no event shall TapouT ENERGY or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of www.TapouTENERGY.ca or content found herein, the operation of the web site, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of www.TapouTENERGY.ca for purchases) even if advised of the possibility of damages.

Maximum Liability

Under no circumstances, including, but not limited to, negligence, shall TapouT ENERGY, its officers, directors, employees, or agents be liable (Jointly or severally) for any direct, indirect, special, incidental or consequential damages of any kind, including, but not limited to, loss of use, data, or profit, on any theory of liability, arising out of or in connection with the use or the inability to use the materials on the site, even if TapouT ENERGY or any TapouT ENERGY representative has been advised of the possibility of such damages. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

Indemnification

You shall indemnify and save harmless TapouT ENERGY, Upper 49th, TapouT LLC and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of www.TapouTENERGY.ca.

Links

The www.TapouTENERGY.ca web site contains links to web sites owned or operated by other entities which are not associated or affiliated with TapouT ENERGY or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by TapouT ENERGY or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. TapouT ENERGY and the Third Parties shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk. Framing of the www.TapouTENERGY.ca web site or any of its content in any form and by any method is strictly prohibited.

Relationships

The relationship between TapouT ENERGY and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of www.TapouTENERGY.ca.

Governing laws

This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of www.TapoutTENERGY.ca and these Terms and Conditions.

Additional terms

Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on www.TapouTENERGY.ca.

Severability

These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Headings

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

Entire agreement

These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by TapouT ENERGY as set forth above.

English language

The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.