Terms and Conditions
1.1 MESA Bath Inc. (“MESA” or “our”) maintains the website www,mesashower.com and all related websites including www.zjmesa.com, for the entertainment, information, education, and communication of users of the Websites (“you” or “your”).
1.2 Your access and use of the Websites and the messages, information, data, text, graphics, images, photographs, illustrations, software or other content available through the Websites (collectively, the “Content”) is subject to these terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Websites, you accept, without limitation or qualification, the Terms and Conditions. If you do not agree to abide by the Terms and Conditions, you shall not use the Websites or access the Content.
1.3 If you has questions about any of these Terms and Conditions, please send a request for clarification to MESA using the provided Support form.
2.DISCLAIMERS AND LIMITATION OF LIABILITY
2.1 While MESA strives to include up-to-date and accurate information on the Websites, the Websites and the Content are provided “AS IS” and as available basis, and any access to, use of, modification to or reliance on the Websites and the Content shall be at your sole risk. MESA and its partners, licensors, agents, content providers, service providers, employees, officers, directors or representatives (“MESA Representatives”) in no way warrant the accuracy of such information, nor do MESA or MESA Representatives assume any liability or responsibility for any errors or omissions contained on the Websites, as MESA and MESA Representatives cannot and do not guarantee and do not make any, and expressly disclaim, all representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, with respect to the Websites or Content, including: (i) any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade; (ii) that the Websites or Content will meet your (or your organization or company’s) requirements or will be compatible with your or your organization or company’s) computer or related equipment, photograph equipment or software; (iii) that the Websites or Content is accurate, valid, reliable, authentic, current, or complete; (iv) that the Websites will continue to operate, operate without interruptions or be error-free; or (v) that your browsing of materials displayed on the Websites will not infringe rights of third parties not owned by MESA.
2.2 In addition, MESA and MESA Representatives make no representation or warranty that the Websites or Content are appropriate or available for use at any location. Accessing the Websites or Content from locations where their contents are illegal is prohibited. Those who choose to access the Websites or Content from locations other than Canada do so on their own initiative and are responsible for compliance with local laws.
2.3 You are solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to your use of the Websites, User Modifications (as defined below at Section 6.1) or Content; your breach of the Terms and Conditions; your violation or infringement of the rights of others; or your violation of any applicable civil or criminal law. MESA and MESA Representatives disclaim any and all responsibility and liability regarding all such matters.
2.4 You agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the Websites, User Modifications and Content, and that you will comply with all laws that apply or may apply to your use of or activities on the Websites or in respect of the Content or the User Modifications. MESA may investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. MESA reserves the right at all times to disclose any information (including your personal information) regarding your usage of the Websites or Content (including any perceived violations of applicable law), in each case as may be permitted or required by applicable law, including as necessary to satisfy any request authorized by applicable law.
2.5 Your browsing of the Websites is done at your own risk. Neither MESA nor any other party (including MESA Representatives) involved in creating, producing, or delivering the Websites shall be liable for any loss or damage whatsoever (including direct, incidental, consequential, indirect, exemplary, special, or punitive damages) arising out of, or in connection to, your access to, or use of, or any inconvenience, delay of access or use to, the Website, the Content, the User Modifications, any content of any linked website, or failure of such sites (including damages suffered as a result of omissions or inaccuracies in such websites or content, or the transmission of confidential or sensitive information to or from such sites), even if MESA or MESA Representatives have been advised of the possibility of such damages or loss or if such damage or loss was foreseeable.
2.6 In addition, MESA and MESA Representatives do not assume any responsibility, and shall not be liable for any damages to, or viruses or other malicious or destructive code that may infect, your (or your organization’s or company’s) computer equipment or other property on account of your access to, use of, downloading of, or browsing in the Websites, the Content or the User Modifications. Your are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for the prevention of such contaminating or destructive code, and for the accuracy of data input and output, and for maintaining a means external to the Websites for the reconstruction of any lost data.
2.7 To the fullest extent authorized by law, MESA does not assume any liability regarding the authorized third party installers of MESA’s products. MESA takes reasonable steps to train such authorized third party installers, but the actions, omissions, faults and negligence are beyond MESA’s control and are the respective authorized third party installer’s sole and exclusive liability. MESA does not endorse, guarantee or take responsibility for the work of any of the authorized third party service providers or their agents’. Any engagement by you of an authorized third party installer for work will be solely between you and such third party, and in no way is MESA a party to or responsible under such engagement for any work performed. Each authorized third party installer’s warranties may vary. MESA is not responsible for warranties offered by third party installers, but only its own warranty as the manufacturer of its products.
2.8 The listing of authorized third party installers is provided for your convenience only, and inclusion of the third party installer in this list does not constitute a recommendation by MESA. Each third party installer is an independent business concern, and you should conduct any research or investigation you believe appropriate before contracting with one or more of such third party installers.
3.CHANGES TO THE WEBSITES
3.1 MESA may at any time revise these Terms and Conditions. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions. Please check these Terms and Conditions each time you visit the Websites as the then-current version of these Terms and Conditions shall apply to that visit. If any term, condition or any change to the Terms and Conditions is not acceptable to you, you must discontinue its use of the Websites immediately. Your continued use of the Websites after any such changes are posted will constitute acceptance of those changes. The Terms and Conditions apply exclusively to your use of the Websites and do not alter the terms or conditions of any other agreement you may have with MESA.
3.2 MESA may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Websites. MESA reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Websites at any time without notice, but confirms that it has no duty to do so. MESA and its service providers will also have the right to terminate your use of the Websites as set out below under the heading “Termination of Use”
4.1 Subject to any applicable law (and, in the case of personal information, the requirements of the Privacy Statement (as defined below at Section 10.1), any communications sent by or to you via the Websites or MESA, whether solicited by MESA or otherwise, are on a non-confidential basis, and MESA shall be free to use and disclose the content of any such communication, including any ideas, inventions, concepts or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods and services. you agree to not assert any ownership right of any kind in such communications (including copyright, trade-mark, patent, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of MESA as well as the right to receive any financial or other consideration in connection with such communication.
4.2 Further to the above, MESA does not accept or consider unsolicited ideas, suggestions or other materials in any format (“Unsolicited Ideas”), including Unsolicited Ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Unless otherwise specified in writing by MESA, please do not send any Unsolicited Ideas, including original creative artwork, suggestions or other works. The purpose for this is to avoid potential misunderstandings or disputes when MESA products or marketing strategies might seem similar to ideas submitted to MESA. If, despite our request that you not send us your Unsolicited Ideas, you still send any such Unsolicited Ideas, then regardless of the content of your communications to MESA, you agree that:
You transfer, assign and convey to MESA all worldwide right, title and interest to the Unsolicited Ideas free and clear of all encumbrances, including in respect of all intellectual property rights without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of MESA or its successors or assigns; and
you represent and warrant that you shall waive all moral rights (including the right to be associated with the Unsolicited Ideas) in the Unsolicited Ideas upon their submission to any Websites or to MESA.
4.3 All information that you provide through the Websites or in connection with any material submitted, must be true, accurate, current and complete, and where applicable, must be updated by you promptly upon the occurrence of any change in such information.
4.4 MESA and its service providers will rely on the information you provide. You will be responsible for any and all loss, damage, or additional costs that you, MESA or its service providers or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update any information that you submit via the Websites.
5. PERMITTED USES
5.1 You are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to copy, download, display on his/her computer, print, and use the Content only for informational purposes and solely for: (a) your own personal use; or (b) your organization’s or company’s internal use. Except as provided herein, no other use is permitted.
5.2 All rights not expressly granted by the Terms and Conditions are reserved to MESA.
6. RESTRICTED USES
6.1 You shall not modify the Content from the form as presented on the Websites without acknowledging the source of the Content so modified (the “User Modifications”). Any User Modifications shall be made solely to the extent necessary to adapt the Content to your own personal use your organization’s or company’s internal use subject to Section 5.1 above. Any User Modification shall not modify, edit or delete any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
6.2 You may not:
include any Content in or with any product or service that you or your organization or company creates or distributes unless MESA otherwise agrees in writing;
copy any Content onto your own or any other web site unless MESA otherwise agrees in writing;
use the Websites in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Websites’ system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through the Websites (including uploading, posting or otherwise transmitting on the Websites computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the Websites’ infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Websites or the Content in whole or in part);
use the Websites, the Content or User Modifications in any manner that infringes upon the legal rights of any other person (including privacy and personality rights, copyright, moral rights, and other intellectual property rights), that is unlawful, that violates any right of MESA, its partners, licensors, content providers, service providers or contractors, that is prohibited in the Terms and Conditions (including by accessing the Web Sites from any location where such access may be illegal or prohibited), that is unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), that is otherwise objectionable or which does not respect the legal rights and interests of others;
use the Websites, the Content or User Modifications in any data matching or data mining, including the collection or use of information about other users (including their e-mail addresses) without their consent;
post or submit any materials to the Websites which would violate any of the restrictions set out in the Terms and Conditions;
unless MESA otherwise agrees in writing, use the Websites for commercial purposes or activities, except for entering into commercial transactions with MESA, including: (i) selling or offering to sell any goods or services; (ii) soliciting for advertisers or sponsors; (iii) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to any person; (iv) displaying advertising or sponsorship banners, including those generated by banner or link exchange services; (v) soliciting for donations; or (vi) use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; or
use the Websites in any manner that may: (i) harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals; (ii) dilute or depreciate the name and reputation of MESA, any Marks (as defined herein), partners, licensors, content providers, service providers or contractors thereof, as applicable; (iii) interfere with any other persons’ use and enjoyment of the Web Sites or of the Internet generally; (iv) result in the circumvention or breach of any user authentication, password, security or control measures regarding the Websites or any other internet resource or computer system; (v) conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including any MESA Representative; or (vi) disclose images of any person or private information about any person (such as names, telephone numbers, e-mail addresses, postal addresses, social insurance or other security number) without that person’s permission.
6.3 Except as provided herein, none of the Content may be copied, resold, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of MESA or the intellectual property right owner.
6.4 You may not, without the written permission of MESA, “mirror” any Content on any other server.
7. PROPRIETARY INFORMATION
7.1 You agree that all Content is protected by copyright (either registered or arising at common law or under the applicable civil law) and owned or controlled by MESA. You shall acknowledge the source of any Content used by you in accordance with the Terms and Conditions.
7.2 Copyright and permission details are available on demand or as indicated on the Websites. Any unauthorized copying, redistribution, reproduction or modification of the Websites or the Content by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of the Websites and the Content and to prevent any unauthorized copying of the Content.
7.3 Certain names, words, titles, phrases, logos, icons, graphics or designs in the Websites constitute trade-marks, trade-names, trade dress and/or associated products and services of MESA, its partners, any licensor, content provider, service provider or contractor of MESA or any other third party (collectively the “Marks”) and may be protected in Canada or elsewhere and their display on the Websites does not convey or create any licence or other rights in the Marks. Any use of any of the Marks, in whole or in part, that are accessible via the Websites without prior written authorization of MESA or such third party is strictly prohibited.
7.4 MESA respects the intellectual property rights of others. If you believe that your work has been copied and appears on the Websites in a way that constitutes infringement of your intellectual property rights, please notify us by using the provided Support Form. MESA reserves the right to remove content that infringes upon the intellectual property rights of others and to terminate use of the Websites as set out below under the heading “Termination of Use”.
8.1 You will indemnify and hold MESA or MESA Representatives (the “Indemnified Parties”) harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Websites, and any breach of the Terms and Conditions by you, including any use of the Content or User Modifications other than as expressly authorized in the Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use or modification, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’ fees of the Indemnified Parties in connection therewith.
9. LINKED WEBSITES AND FRAMING
9.1 Certain links on the Websites may take you to other websites. MESA provides these links only as a convenience. MESA is not responsible for the content of any such linked pages. MESA makes no representation or warranty regarding, and does not endorse or approve, any linked websites, the information appearing thereon or any of the products or services described. Should you leave the Websites via a link contained herein, and view content that is not provided by or on behalf of MESA, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
9.2 You are granted a limited, non-exclusive right to create a hyperlink to the Websites. You agrees that if you link other websites to the Websites, such other websites shall not (a) create frames around any part of the Websites or use other techniques that alter the visual presentation of the Websites; (b) imply that MESA is endorsing you or any other person (including your organization or company), or you or such other person’s products or services; (c) without the prior written consent of MESA, imply an affiliation between you or any other person, or you or such other person’s products or services and MESA; (d) misrepresent the relationship of you or any other person with MESA or present false, misleading, derogatory, defamatory or otherwise damaging information or impressions about MESA or any of its products or services; or (e) contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, or are otherwise in breach of the Terms and Conditions (including Section 6 (Restricted Uses)).
10.1 MESA respects your right to privacy. All information that MESA may collect via the Websites about you during your visit to the Websites, is subject to MESA’s Privacy Statement, which is incorporated by reference into the Terms and Conditions (the “Privacy Statement”).
11.1 The Websites are hosted on servers residing in the Province of Quebec, Canada and the Websites are controlled by MESA from the Province of Quebec, Canada. By accessing the Websites, you agree that this agreement is formed in the Province of Quebec, Canada, and that all matters relating hereto shall be governed by the laws of the Province of Quebec and the laws of Canada, without regard to the conflicts of laws principals thereof.
11.2 Any dispute between MESA and you or any other person arising from, in connection with or relating to the Websites, Content, Terms and Conditions, any transaction through the Websites, or any related matter must be resolved before the Courts of the Province of Quebec, Canada sitting in the City of Montreal (the “Courts”), and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.
12. TERMINATION OF USE
12.1 If you breach any provision of the Terms and Conditions, then you may no longer use the Websites or the applicable Content that is made available through the Websites. MESA, in its discretion, shall determine whether the Terms and Conditions have been violated.
12.2 MESA or its service providers may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your authorization to use the Websites; (ii) suspend, terminate, remove or permanently delete and destroy, as applicable, any of your: (A) URL, IP address or domain name; or (B) any material that you or others may have posted or submitted to any or all Websites; (iii) restrict access to the materials posted or submitted to the Websites; and (iv) bar you from any future use of the Websites; all without any prior notice or any liability to you or any other person, and you agree to comply with all such measures.
13.1 If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. MESA’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. You and MESA are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by the Terms and Conditions or use of the Websites or Content by you.
13.2 The Terms and Conditions (including the Privacy Statement) constitute the entire agreement between MESA and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between MESA or its partners and you with respect to this subject matter. In the case of any conflict between the Privacy Statement and the Terms and Conditions, the Privacy Statement, as applicable, shall govern.
13.3 The provisions of the Terms and Conditions will enure to the benefit of and be binding upon MESA and any service providers, as applicable, and their respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. You may not assign the Terms and Conditions or your rights and obligations under the Terms and Conditions without the express written consent of MESA, which may be withheld in MESA’s sole discretion. MESA and its service providers may assign these terms and conditions and their respective rights and obligations under these terms and conditions without your consent.