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Legal Terms

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

By using http://www.topcondomscanada.com (hereinafter the "Site"), you are deemed to accept these terms and conditions of use. If you do not agree to these terms and conditions of use, please do not use the Site. Except where stated otherwise, the term "Top Condoms Canada" used on the Site shall be deemed to include KJ Express Catalogue Canada and its subsidiaries and affiliates. Top Condoms Canada reserves the right, at its discretion, to modify, add or remove portions of these terms and conditions at any time. Please check these terms and conditions periodically for changes. Your continued access or use of the Site shall be deemed your acceptance of these changes.

GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

The site, the services and the information or materials herein are provided on an "as is, where is, as available" basis. Top condoms canada makes no representations or warranties, either express or implied, of any kind with respect to the site, its contents (including without limit product descriptions and prices) or related services. To the fullest extent permissible pursuant to applicable law, top condoms canada disclaims all warranties, express or implied, including, but not limited to, merchantability and fitness for a particular purpose. Top condoms canada makes no warranties or representations regarding the use of contents of the site including without limitation to its accuracy, its correctness, its timeliness, its completeness, its availability, its security, that defects will be corrected or that the site, any linked website, or the servers upon which they reside is free of viruses or other harmful components. As a service to users of the site, top condoms canada includes links to external websites that top condoms canada has no control over. Top condoms canada does not endorse and is not responsible for the content and use of external websites. The user hereby irrevocably waives any claim against top condoms canada with respect to such websites.

Under no circumstances shall top condoms canada or any other party involved in creating, producing, managing or distributing the site be liable for any direct, indirect, incidental costs (including without limitation legal fees) or consequential damages for loss of profits, good will, use, data or other intangible losses that result from (i) the use of or inability to use the site or any information contained on it, or any linked website; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the site; or (iv) any other matter relating to the service. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the site.

You expressly agree that use of the site is at your sole risk. You agree that your exclusive and sole remedy is to stop using the site.

INDEMNITY

You agree to indemnify and hold harmless Top Condoms Canada, its officers, directors, employees, agents, suppliers, and other partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

PRODUCT INFORMATION, AVAILABILITY AND DELIVERY

Top Condoms Canada makes no guarantee as to the availability of any products or items described on the Site and some products may not be available due to space limitations, unavailability of supply or for other reasons. All prices are shown in Canadian dollars, before any applicable tax. Top Condoms Canada reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request.

All products will be delivered to the address that you indicate during the order process and risk of damage to or loss of the products shall pass to you at the time of delivery even if the products have not been received by you in person. Any times quoted for delivery are approximate only and Top Condoms Canada makes no guarantee regarding the quoted delivery times.

Specifications on the Site of the products to be supplied by Top Condoms Canada are intended only to give a general description of the products. Top Condoms Canada does not warrant the accuracy of any specifications, pricing, warranty or other product information contained on this Site. Top Condoms Canada reserves the right to change, at any time, the specifications, pricing or any other product information contained in this Site. Without limiting the generality of any other terms and conditions on this Site, Top Condoms Canada does not accept liability for any errors or omissions which may be found on this Site or for the unavailability of any product or for delay in delivery of any products howsoever caused.

SUBMISSIONS

Top Condoms Canada welcomes comments regarding our products and the Site. You may post reviews of products or services, comments, suggestions, or other material ("Submissions") so long as the content of your Submission is not unlawful, threatening, abusive, defamatory, invasive of privacy, fraudulent or otherwise objectionable or injurious to Top Condoms Canada or any third parties. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. Top Condoms Canada reserves the right (but not the obligation) to monitor, edit and remove any Submission at our sole discretion. By posting or sending us any Submission, you grant Top Condoms Canada and its subsidiaries a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media.

TERMINATION

These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Top Condoms Canada reserves the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

GENERAL

These Terms of Use constitute an agreement between Top Condoms Canada and you with regards to the use of the site. In the event that any parts of any terms and conditions are held to be invalid, illegal or otherwise voidable or unenforceable, the remaining terms and conditions shall continue in full force and effect. The failure or delay of Top Condoms Canada in exercising any right under the terms and conditions or elsewhere shall not constitute a waiver of such right.

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