KerJen Enterprises Inc. Privacy Policy, Website Terms and Conditions of Use

Terms and Conditions of Use:

Please read these Terms and Conditions of Use ("Terms and Conditions") carefully before using this Web site. By using this Web site, you agree to these Terms and Conditions. If you do not agree to these terms, we ask that you do not use this Web site.

REVISIONS AND MODIFICATIONS OF TERMS AND CONDITIONS. KerJen Enterprises Inc ("KerJen") reserves the right to modify, alter, revise, and otherwise update these Terms and Conditions at any time, effective immediately upon notice published on this Web Site. By using this Web Site, you agree to be bound by any such modifications, alterations, revisions, and updates. You should visit this page from time to time to determine the current Terms and Conditions to which you are bound. Certain Terms and Conditions may be superceded by expressly designated legal notices or terms posted on particular pages of this web site.

USE OF WEB SITE CONTENT. You acknowledge that this Web Site contains information, photographs, audio and video clips, graphics, links, software and other material that are protected by copyright, trademark or other proprietary rights of KerJen or third parties. All content of this Web Site is copyrighted as a collective work of Richmont pursuant to applicable copyright law. ANY USE OF OUR MATERIALS FOR A COMMERCIAL PURPOSE, WITHOUT EXPRESS WRITTEN CONSENT, VIOLATES OUR PROPRIETARY RIGHTS. You agree to comply with any additional copyright notices, restrictions, or information contained in any material available on or accessed through this Web Site.

Limited permission to use materials from this Web Site is granted, if and only if you:

1. Keep all copyright and other proprietary notices on every copy,
2. Use the material for informational and personal or noncommercial use only,
3. Use the material in a manner consistent with these Terms and Conditions,
4. Make no modification of any material, and
5. Understand that KerJen is not transferring ownership of the material directly or by implication, nor is KerJen granting any license or right to trademarks, service marks, trade names, and copyrights of any party.

You may not modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, display, or in any way exploit the contents of this Web Site, whether in whole or in part, except as expressly permitted in these Terms and Conditions.

TRADEMARKS. Vanilla Mint Designs and Smartbomb Enterprises Web Design own and create trademarks, service marks, trade names, and logos appearing on this Web Site. Using these trademarks, logos, and any other content, except as stated in these Terms and Conditions, is strictly prohibited. The total appearance, image, design, and layout of the Web Site and all other Web Sites owned, operated, licensed, or controlled by KerJen is proprietary trade dress and may not be duplicated in any manner. Other company names, product, marks or certifications appearing on the Web Site are the trademarks of their respective owners.

SUBMISSIONS. Any and all materials and information offered by you, including but not limited to, comments, notes, suggestions, ideas, concepts, drawings, images, data, sounds, text either written or otherwise disclosed, submitted or offered by you through this Web Site or in response to any content on this Web Site shall be considered non-confidential and the property of KerJen. KerJen and its designees may use any submissions without restriction, and are granted without limitation, the worldwide, perpetual, royalty-free, irrevocable right to reproduce, incorporate, modify, publish, edit, make derivative works from, sell, distribute, and license to others such submissions in any and all forms and media. KerJen is not and will not be responsible for holding any user's submissions in confidence or compensating any user for his or her submissions.

KerJen is not and will not be obligated to respond to your or any other Web Site user's submissions.

DISCLAIMER OF WARRANTIES. THIS WEB SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER RICHMONT, NOR ANY PROVIDER OF THIRD PARTY CONTENT, OR THEIR RESPECTIVE AGENTS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE CONTENT, ACCURACY, RESULTS TO BE OBTAINED FROM USE, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THIS WEB SITE. ANY RELIANCE ON OR USE OF SUCH MATERIAL SHALL BE AT YOUR OWN RISK. NEITHER RICHMONT, NOR ANY PROVIDER OF THIRD PARTY CONTENT, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY OR REPRESENTATION THAT THIS WEB SITE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE ERROR FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RICHMONT WEB SITE, SERVERS, AND DOWNLOADABLE FILES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, MAKING THE ABOVE EXCLUSION NOT APPLICABLE TO YOU.

HYPER LINKS TO OR FROM OTHER SITES. Links to or from this Web Site may involve sites that are owned and controlled by third parties. If so, KerJen does not endorse or make any representation about such sites, any information or materials found on those sites, or any results that may be obtained by its use. KerJen does not review all third party sites, does not have control over third party sites, and is not responsible for any content found therein. Links to or from this Web Site may also involve sites that are part of a joint marketing effort with KerJen, but are ultimately owned and controlled by a third party.

Your access to third party web sites is done so at your own risk and you agree to hold KerJen harmless from any damages that may arise from such access.

LIMITATION OF LIABILITY. IN NO EVENT WILL RICHMONT, NOR ANY PROVIDER OF THIRD PARTY CONTENT, OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE, EVEN IF KERJEN OR A KERJEN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, MAKING THE ABOVE LIMITATION OR EXLUSION NOT APPLICABLE TO YOU. IN NO EVENT SHALL KERJEN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO ACCESS OR USE THIS WEB SITE.

INDEMNIFICATION. You agree to indemnify, defend, and hold harmless KerJen and its affiliates, and their respective officers, directors, owners, agents, contractors, other partners, employees, information providers, and licensors from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any in connection with or arising out of your use or alleged use under your password, by any person, authorized by you or not, of this Web Site, your connection to this Web Site, your violation of these Terms and Conditions, or your violation of any rights of another.

TERMINATION OF SERVICE. KerJen Enterprises Inc reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this Web Site at any time for any reason without notice or liability. KerJen may alter, suspend, or discontinue all or any portion, feature, database, content, or service of this Web Site without notice or liability.

APPLICABLE LAWS. These Terms and Conditions shall be governed by the laws of the Province of British Columbia without regard to the conflict of law principles. You irrevocably agree to bring any action relating to or arising out of these Terms and Conditions in the courts located in the Province of British Columbia. You hereby submit to the jurisdiction of such courts for the purposes of litigating any such claim.

MISCELLANEOUS. If any provision of these Terms and Conditions shall be unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of the remaining provisions.

These Terms and Conditions constitute the entire agreement between you and KerJen relating to the subject matter herein and supersede all previous written or oral agreements with respect to such subject matter. This agreement shall not be modified except in writing, signed by both you and KerJen.

©2005 KerJen Enterprises Inc. All rights reserved.