AGREEMENT BETWEEN USER AND Condolicious

The Condolicious Web Site is comprised of various Web pages operated by Condolicious.

The Condolicious Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Condolicious Web Site constitutes your agreement to all such terms, conditions, and notices.

WEB SITE MODIFICATION

You acknowledge and agree that Condolicious reserves the right at any time to modify or discontinue the whole, or any part of, the Website and Services, without notice to you, and that Condolicious will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.

MODIFICATION OF THESE TERMS OF USE

Condolicious reserves the right to change the terms, conditions, and notices under which the Condolicious Web Site is offered, including but not limited to the charges associated with the use of the Condolicious Web Site.

ERRORS OR INACCURACIES

Condolicious employs its reasonable efforts to provide current and accurate information on the Website but the Website will from time to time contain errors or inaccuracies. Condolicious makes no representation or warranty whatsoever regarding the accuracy of the information accessible on or through the Website, in particular any information regarding rebates, discounts, deals or other promotions for any product or service. Condolicious cannot guarantee that goods or services advertised on the Website will be available on any terms and conditions (including price) described on or through the Website at any time. Further, Condolicious reserves the right to change the content available on and through the Website at any time without notice and without incurring any liability to you or any other person.

LINKS TO THIRD PARTY SITES

The Condolicious Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Condolicious and Condolicious is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Condolicious is not responsible for webcasting or any other form of transmission received from any Linked Site. Condolicious is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Condolicious of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Condolicious Web Site, you warrant to Condolicious that you will not use the Condolicious Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Condolicious Web Site in any manner which could damage, disable, overburden, or impair the Condolicious Web Site or interfere with any other party's use and enjoyment of the Condolicious Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Condolicious Web Sites.

MATERIALS PROVIDED TO Condolicious OR POSTED AT ANY Condolicious WEB SITE

Condolicious does not claim ownership of the materials you provide to Condolicious (including feedback and suggestions) or post, upload, input or submit to any Condolicious Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Condolicious, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Condolicious is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Condolicious's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Condolicious WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Condolicious AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Condolicious WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Condolicious WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Condolicious AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Condolicious WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Condolicious AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Condolicious AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Condolicious WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Condolicious WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Condolicious WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Condolicious WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Condolicious OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Condolicious WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Condolicious WEB SITE.

SERVICE CONTACT: info@condolicious.com

TERMINATION/ACCESS RESTRICTION

Condolicious reserves the right, in its sole discretion, to terminate your access to the Condolicious Web Site and the related services or any portion thereof at any time, without notice.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Condolicious Web Site are: Copyright © 2007 Condolicious, and/or its suppliers. All rights reserved. Any copying, republication or redistribution of such content, including by caching, scraping, framing or similar means, is expressly prohibited without the prior written consent of a duly authorized representative of Condolicious.

TRADEMARKS

Condolicious is a registered business name and trademark. All other products, services, brands, company names and logos used on the Website are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Website without the express written consent of Condolicious or the owner of the mark, as appropriate, is strictly prohibited.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

GOVERNING LAW AND JURISDICTION

Condolicious controls and operates the Website from its office in Toronto, Canada and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all Services and other materials found on this Website are solely directed to individuals, companies or other entities located in Canada. If you use this Website from outside Canada, you are entirely responsible for compliance with applicable local laws. This Agreement, your use of the Website, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Agreement, your use of the Website and any related matters.