Terms and Conditions of Use

WEBSITE TERMS AND CONDITIONS

By accessing this site, You agree to be bound by the terms and conditions set out hereinafter. If You do not agree to these Terms and Conditions, do not access the site or download any of its Content.

Definitions:

The materials and information given by On The Mark Press (“We” or “Our”) Website (“Website” or “Site”), which may include text, images, audio or video clips, downloadable files, software and other materials or data (the “Content”), are provided by On The Mark Press to the Site User (“You” or “Your” or “User”) for informational purposes only.

Disclaimer:

On The Mark Press makes every reasonable effort to provide accurate and reliable information on the Website; however, We will not be held responsible for mistakes, errors, omissions, or any other defects of any kind found on this Website. This Website and its Content are provided to You or other third parties “as is” and “as available” without representation or warranty of any kind.

The Content of this Website should not be construed as constituting a proposition of sale, purchase or solicitation.

In no event will On The Mark Press be liable for any damages whatsoever, including direct, indirect, special, incidental or consequential damages, arising out of or in connection with the use or performance of this Website or the Content available or referred to on this Site, or any other site You may access through this Website.

Copyright:

On The Mark Press owns and retains the copyrights of materials found on the Website. Unless otherwise expressly agreed to in writing, no one has permission to copy, reproduce, adapt or modify, transmit, sell or republish, in any form, any Content found on the Website. This Website and its Content are protected by the intellectual property code.

Access to Information:

On The Mark Press reserves the right to change or remove any Content from the Site, in whole or in part, or remove the Site itself, at its sole discretion, at any time, for any duration of time, including indefinitely, without notice. You are strictly prohibited from introducing any Content, data, information, text, images, audio or video clips, downloadable files, software or other materials, in whole or in part, to this Website.

Link to other sites:

On The Mark Press may provide links to other websites or third parties, however these sites are partially independent or independent from On The Mark Press and We do not control, endorse or necessarily approve the content or links that these sites may provide. On The Mark Press does not accept any responsibility whatsoever on contents or links that these sites may provide.

Payment:

Orders must be accompanied by active Visa or MasterCard account information and complete shipping and contact information.

Disclosure Of Confidential Information:

On The Mark Press will not disclose, make available, share, lease, or sell personal information collected from this Site to third parties, unless On The Mark Press obtains Your written consent, with the exception of obtaining legal action against You for not complying with the Terms and Conditions agreed to herein.

Returns:

We will accept a return if You are not pleased with a product or it is damaged within 30 days from date of invoice. No returns will be accepted beyond 30 days from date of invoice.

Limitation of Liabilities Regarding Harmful Computer Viruses:

On The Mark Press may provide downloadable files on its site. The Contents of any downloadable files or the Content itself may contain software Viruses and other items of a destructive nature (“Virus”), which could damage Your computer system, server, or network. While On The Mark Press has taken some precautions to minimize this risk, including scanning files for Viruses, We do not accept any liability whatsoever for any damage You sustain as a result of Viruses.  On The Mark Press strongly recommends that You take every necessary precaution to ensure that downloadable files and the Content of this Site are free of Viruses and that You perform Your own Virus checks before downloading any files and before opening or saving any downloadable files.

Jurisdictional Issues:

This Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario in Canada without giving effect to any principles of conflicts of law. If any provision of this agreement shall be lawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Indemnity:

You agree to defend, indemnify and hold On The Mark Press harmless from any and all liabilities, costs and expenses, including reasonable consulting or attorneys’ fees, related to or arising from any violation or contradiction of these Terms of Conditions by You or Your users, or in connection with the use of this Site or the upload or download of any materials or information on this Site by You or Your users, or any act, omission, or negligence from using any internet site, including this Site by You or Your users.

Updates to the Terms and Conditions:

On The Mark Press reserves the right, at any time, to modify, alter or update these Terms and Conditions and You agree to be bound by such modifications, alterations or updates.

Last Update:  July 2006
Copyright 2005