1. USE OF THIS SITE
1.1 Your access to and use of this site is subject to all laws and regulations which apply to this site, to the Internet and/or to the World Wide Web, and to these terms and conditions. Any action in relation to these terms and conditions must be commenced in the Courts of British Columbia, Canada. In any such action, the laws of British Columbia, Canada shall apply. Your accessing of this site and/or your use of this site constitute acceptance of these terms and conditions without reservation, limitation or qualification.
1.2 You may not use this site if any of the following conditions apply to you: (a) you are not of legal drinking age in the jurisdiction from which you are accessing this site ("Your Jurisdiction"); (b) it is otherwise illegal in Your Jurisdiction for you to access, view and/or use this site; or (c) the consumption, use, advertising or promotion of alcohol and/or alcoholic beverages is illegal in Your Jurisdiction. If any of these conditions apply to you, please leave this site immediately. If you do not leave this site, then you will be deemed for all purposes to have represented that none of these conditions apply to you.
1.3 The information posted by the site operator on this site is believed to be accurate when posted, but is not warranted or represented in any way to be so. Any use or reliance on such information is at your own risk. Your access and/or use of this site is strictly on an "as is" basis, and you must not assume that this site will be error free or that it will operate without interruption or as intended.
1.4 Banana Guard reserves the right to alter, update, add to and/or revise these terms and conditions at any time and from time to time. Any such alteration, update, addition or revision will be effective immediately upon its posting to this site.
2. CONFIDENTIALITY AND PRIVACY ISSUES
2.2 Unless encrypted, information sent or received over the Internet is insecure and Banana Guard cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. Banana Guard will not be responsible for any damages you or any third party may suffer as a result of or in connection with the transmission of any information from or to Banana Guard through this Site.
3. TRADEMARKS AND COPYRIGHT
3.1 On this site, the words "we" or "our" or " Banana Guard " refer to Banana Guard of Vancouver, British Columbia, Canada, and all of its parent, subsidiary and affiliated companies and organizations, as they may exist from time to time. The words "we", "our" and " Banana Guard" do not include independent dealers and distributors of Banana Guard products and services.
3.2 "Banana Guard™" and all related designs, logos, labels, and other intellectual property used or displayed in this site are the intellectual property of Banana Guard and all rights in respect of these trademarks as well as all other intellectual property of Banana Guard are reserved.
3.3 Everything you see or read on this site is copyrighted unless otherwise noted, and nothing from this site may be used, copied, downloaded, displayed or transmitted by you (in any way or form, or by any medium) without the prior written permission of Banana Guard. Banana Guard neither warrants nor represents that your use of materials displayed on or downloaded from this site will not infringe rights of third parties not owned by or affiliated with Banana Guard.
3.4 Nothing contained on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo, service mark or design displayed on this site without the written permission of Banana Guard or any third party that may own any such item displayed on the site. Banana Guard will aggressively enforce its intellectual property rights to the fullest extent of the law, should you breach any of these terms and conditions.
4.1 Any communication or material you send or transmit to Banana Guard, by electronic mail or otherwise, including any data, questions, comments, suggestions or the like (all of which are collectively called "Submissions"), is and will be treated as non-confidential and non-proprietary. Any Submissions you transmit or post become the property of Banana Guard and its affiliates and may be used and exploited for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and other exploitation in any way, whether for commercial gain or otherwise and with or without your name associated with the material, at Banana Guard election. By sending or transmitting any Submission to Banana Guard, you will be deemed for all purposes to have assigned and transferred to Banana Guard all copyright, trademark and other intellectual property rights in the Submission and to have irrevocably waived and released all moral and/or personality rights in the Submission. Banana Guard is free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose whatsoever.
4.2 You agree to sign and deliver to Banana Guard on demand all further documents and assurances that Banana Guard may request in connection with the assignments, transfers, releases and waivers contemplated by that section.
5. LIMITATION OF LIABILITY AND INDEMNITY
5.1 Your use of and browsing in this site are undertaken at your own risk. Neither Banana Guard, any of its directors, officers, employees, or agencies, nor any other party involved in the creation, production, delivery or operation of this site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this site or any consequences flowing therefrom, including, without limitation, computer viruses which may infect or other damages which may occur to your computer equipment or other property.
5.2 Without limiting the generality of section 5.1, everything on this site is provided to you without any warranty or representation of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or any other warranties which may be implied according to the laws of any jurisdiction, unless in Your Jurisdiction the exclusion of some or all of such expressed or implied warranties is not permitted or is restricted, in which case all such expressed or implied warranties are excluded or restricted to the fullest extent permitted by law in Your Jurisdiction.
5.3 You promise to indemnify and save Banana Guard, and its officers, directors, employees, agents and distributors, harmless from and against any and all claims, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of your agreements, representations or warranties set out in these terms and conditions; (b) your access to or use of this site or any site to which this site is or may be linked from time to time, or your use of, reliance on, or publication, communication or distribution of anything on or from this site or any site to which this site may be linked from time to time; and/or (c) your violation of any law or regulation.
6. LINKED SITES
6.1 If any other sites on the World Wide Web are linked to this site at any time, Banana Guard is not responsible for the content of any such linked site or any link contained within such a linked site. Banana Guard reserves the right to terminate any link or linking program at any time and the linking of any site to or through this site does not imply any endorsement by Banana Guard of the companies, products or information offered, described or otherwise made available on or through such linked sites. If you decide to access any site linked through or to this site, you do so entirely at your own risk.