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Epi-No Canada Ltd. ("Epi-No Canada", "we" or "us") is dedicated to bringing you simple, natural, effective ways to promote and maintain the health of your pelvic floor and wants you to feel as comfortable and confident as possible about the products and services we offer.
The online services offered by Epi-No Canada include the "Epi-No Canada Website" (which term includes www.pelvicfloorwellness.com, www.epi-no.ca and any and all 'Epi-No Canada' branded URLs, domain names and webpages) and all components thereof, including but not limited to our online retail services (the "Online Store") and all other online services offered now or in the future by Epi-No Canada (collectively, the "Services").
Note: The Epi-No Canada Website is maintained and updated frequently to bring you the latest information online. Although our technicians do their best, Epi-No Canada cannot be held responsible for errors and omissions
Note: The Epi-No Canada Website is hosted and/or operated in Canada.
INTRODUCTION
This Terms of Use Agreement (this "Agreement") sets forth the legally binding terms for your use of the Services. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. This Agreement is accepted upon your use of the Epi-No Canada Website or any of the Services and is further confirmed upon your purchase of any products or items through our Online Store. If you do not agree to be bound by this Agreement or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the Epi-No Canada Website and discontinue use of the Services immediately.
You may receive a copy of this Agreement by emailing Epi-No Canada at: info@pelvicfloorwellness.com (Subject: Terms of Use Agreement).
TERMS & CONDITIONS
- Amendments: Epi-No Canada may modify this Agreement from time to time and such modification shall be effective upon posting by Epi-No Canada on the Epi-No Canada Website. Your continued use of the Services after Epi-No Canada posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Click here view the most current version of this Agreement.
- Interpretation: The division of this Agreement into sections, subsections, paragraphs and/or clauses and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of this Agreement.Each capitalized term has the meaning given to it in this Agreement.
- Eligibility:
- Representations & Warranties – In consideration of your use of the Services, you represent and warrant that:
- you are: (i) of legal age to form a binding agreement, which in the Province of Ontario is 18 years of age or (ii) your parent(s) or legal guardian(s) is aware of your intention to agree to this Agreement and has given you their consent to do so;
- you are not a person barred from receiving services under the laws and regulations of Ontario, Canada and/or other applicable jurisdictions; and
- you will provide true, accurate, current and complete information about yourself ("Client Information") as prompted and you will maintain and promptly update your Client Information to keep it true, accurate, current and complete.
- Use of the Services is confirmation of your age and/or parental consent and acceptance of the terms and conditions as set out in this Agreement.
- Epi-No Canada has the right to refuse, suspend or terminate your current or future use of the Services (or any portion thereof), without warning, if we believe that you are under 18 years of age and you represent yourself as 18 or older.
- Epi-No Canada has the right to refuse, suspend or terminate your use of the Services (or any portion thereof) if you provide, or Epi-No Canada suspects you have provided, any information that is untrue, inaccurate, not current or incomplete.
- Use of the Services is void where prohibited.
- Term: This Agreement, and any posted revision to this Agreement, shall be effective from the moment you use the Epi-No Canada Website and/or the Services, and shall remain in full force and effect even after you cease your use of the Epi-No Canada Website and/or the Services.
- Privacy:
- Information collection and use is governed by this Agreement, and specifically by Epi-No Canada's Privacy Policy, which is incorporated into this Agreement by reference, and is an integral part of this Agreement.
- For greater certainty, you acknowledge and expressly consent to Epi-No Canada accessing, preserving, and disclosing your Client Information if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that you have violated the rights of third parties; (iv) respond to your requests for service and/or technical support; or (v) protect the rights, property, or personal safety of Epi-No Canada, its "Clients" (meaning any and all users of the Services) and/or the public.
- Prices:
- Subject to Change – Prices listed on the Epi-No Canada Website are subject to change without notice. For up to date information, please contact Epi-No Canada by telephone during normal business hours.
- Taxes – Prices listed on the Epi-No Canada Website are exclusive of all applicable taxes. Such taxes will be added to the listed price at the time of purchase.
- Shipping and Handling – Shipping and Handling charges are not included in the listed price(s). All such charges will be calculated at checkout.
- Secured Processing Partners:
- In order to purchase products or items (collectively, "Products") through our Online Store, you may be required to register with either Chase Paymentech LLC ("Chase Paymentech") or PayPal Pte. Ltd. ("PayPal", and collectively with Chase Paymentech, our "Secured Processing Partners") and create an account with one of our Secured Processing Partners.
- Your purchase of any Product and use of any service provided our Secured Payment Partners is governed by each particular Secured Payment Partner's terms, conditions and policies. WE ARE NOT RESPONSIBLE FOR ANY Secured Processing Partner WEBSITE, Secured Processing Partner SERVICE, Secured Processing Partner ACCOUNT OR ANY INFORMATION COLLECTED BY OUR Secured Processing Partners. We strongly urge you to review PayPal's online policies, terms and conditions and Chase Paymentech's online policies, terms and conditions (as applicable) prior to using either of our Secured Processing Partners' services or providing any personally identifiable information to either of our Secured Processing Partners.
- You are solely and entirely responsible for any and all use of your Paypal/Chase Paymentech Account(s).
- You are solely and entirely responsible for maintaining the confidentiality of any login/username and password associated with your Paypal/Chase Paymentech Account(s).
- Payment Options:
- Accepted – American Express, MasterCard, Visa (Note: Not all of the foregoing payment options may be available through all Secured Processing Partners)
- Unaccepted – COD, Layaway plan, Personal Cheques, Money Orders, Credit cards with issuing banks and billing addresses outside the U.S. or Canada
- Billing Information: For your security, your billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order where there is a mismatch of information.
- Product Availability:
- Temporarily Out of Stock – If a Product selected is temporarily out of stock at the time of your order, the Product will be placed on backorder. You will be notified via email and advised of the expected ship date of the backordered Product.
- Backorders & Shipping – Backordered Products are shipped as soon as they are available. If your order contains Product(s) that are in–stock and Product (s) that are backordered, the in-stock Product(s) will be shipped immediately and the backordered Product(s) will be shipped as soon as they are available. There are no additional shipping charges for the shipment of the backordered Product(s). If for any reason you wish to cancel a backordered Product, please contact us.
Note: Products that are not in stock at the time of purchase are not eligible for promotional offers. Only in-stock Products are eligible to be counted towards purchases associated with promotional offers.
- Orders:
- Processing – Most orders are processed within twenty-four (24) hours of receipt of payment (the "Processing Date")
- Delivery – Most orders are delivered within 2 – 3 days of the Processing Date.
Note: processing & delivery estimates do not include weekend days and federal holidays in Canada. Business days are Monday-Friday. Orders placed on weekends and federal holidays will be processed on the next business day.
- Cancellation of Orders:
- No cancellation by Client – Once you have clicked “Send My Order”, you cannot cancel or change your order. Our system is designed to process and ship and all orders are final.
- Cancellation by Epi-No Canada – Orders or accessories of an order may be cancelled by Epi-No Canada, for reasons such as:
- The order could/can not be shipped to the Client address provided
- A duplicate order was placed by the Client
- The payment information provided could not be processed
- Customer request (at the sole discretion of Epi-No Canada)
- Notice of Cancellation – If your order is cancelled, you will receive an e-mail notice explaining the reason(s) for the cancellation.
- Billing – Subject to Section 13(c), you will not be billed for any cancelled orders.
If you are interested in placing a new order
or if you have questions about a cancelled order
please contact us.
- Shipping & Handling:
- Price(s) – Shipping & handling charges (which include costs incurred by Epi-No Canada in connection with the shipping and handling, and attempted shipping and handling, of U.S. orders (including but not limited to charges incurred as a result of or arising out of U.S. Clients ordering the Epi-No System) are not included in the listed price(s). All such charges will be calculated at checkout.
- Outside Canada – We are currently unable to accept any orders for the Epi-No balloon and birth-exercise program (the "Epi-No System") billed or shipped to destinations outside of Canada. All other Products available for purchase in our Online Store are available throughout Canada and the United States.
- Non-Refundable – Regrettably, shipping and handling fees (including but not limited to postage and freight charges, customs fees, and charges incurred by Epi-No Canada resulting from U.S. orders of the Epi-No System) are non-refundable.
- Returns:
- Eligibility – Your complete satisfaction is important to us. You may return any Product shipped by Epi-No Canada, for a full credit or refund Subject to the following:
- You must return Product to us within thirty (30) days of receipt (Note: You must notify us of damaged/defective Product within five (5) days of delivery of same – See subsection (d) for details.)
- You may not return Product that has been opened or used unless the Product was damaged or defective prior to any such opening or use.
- Subject to the foregoing, all Products must be returned in good condition to ensure credit.
- Return Fee – We will provide free return shipping and handling if your return is the result of our error (damaged, defective, or incorrect Product, etc.), which may be applied as a credit towards future purchases. In all other cases, a return shipping and handling fee will apply. All return shipping charges must be prepaid. We do not accept 'COD' deliveries.
- Returning Product – If you wish to return Product(s) to us, please contact Epi-No Canada to arrange for the pick-up of the Product(s) to be returned:
- Damaged or Defective Product – If you receive damaged or defective Product, please contact Epi-No Canada by phone or via e-mail within five (5) days of delivery. Please provide us with the order number and Product number from your original confirmation e-mail, as well as your e-mail address and phone number. If you do not contact Epi-No Canada within five (5) days of delivery, you cannot return damaged or defective Product. However, should you contact us within five (5) days of delivery we will gladly refund your purchase or exchange your Product.
- Proprietary Rights: You acknowledge and expressly agree that the Services and any and all content and materials (including but not limited to all Epi-No Canada Products, logos and all other intellectual property) posted and/or otherwise described on and/or available through the Epi-No Canada Website or otherwise created by Epi-No Canada and/or its licensors and associated with the Services (collectively, the "Content") are owned by Epi-No Canada and/or its licensors, and are protected by applicable intellectual property and other laws (including but not limited to copyright, trademark, patent, trade secret, industrial secret, and other laws). For greater certainty, Epi-No Canada and/or its licensors own(s) and retain(s) all rights in the Content. Except as provided for in this Agreement, you shall not modify, rent, lease, loan, sell, distribute or export the Content, or create or cause to be created any derivative works based on the Content, in any manner and you shall not otherwise exploit the Content in any unauthorized way whatsoever.
- Client Concerns: If you have difficulty using any of the Services or have any other questions or concerns, please contact us.
- Usage Rules: You understand that the Services and the software embodied within the Services use a security framework that uses technology that protects digital information and that use of the Services and materials and Content made available by or through the Services is subject to certain rules ("Usage Rules", which term includes but is not limited to this Section 17 through Section 21) established by Epi-No Canada and its licensors and Content providers.
- You agree to comply with such Usage Rules, as established from by Epi-No Canada from time to time, and you agree to not violate, or attempt to violate, any of the Usage Rules.
- You agree to not attempt to, or assist another person in attempting to, circumvent, override, reverse engineer, decompile, disassemble or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever.
- You agree that the Usage Rules may be controlled and monitored by Epi-No Canada for compliance purposes, and Epi-No Canada reserves the right to enforce the Usage Rules with or without notice to you.
- You agree to not modify, or attempt to modify, any software provided, or otherwise made available to you, by Epi-No Canada or any of its licensors or providers (the "Epi-No Canada Software") in any manner or form, or to use modified versions of the Epi-No Canada Software for any purpose including obtaining unauthorized access to the Services.
- Any unauthorized reproduction, publication, exportation, further distribution or public exhibition of the Services or Content, in whole or in part, is strictly prohibited.
- Prohibited Activity: Epi-No Canada reserves the right to investigate and take appropriate legal action against anyone who, in Epi-No Canada's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;
- forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Services;
- covering or obscuring the banner advertisements on any Epi-No Canada Website page via HTML/CSS or any other means;
- impersonating or attempting to impersonate another Client, person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- selling or otherwise transferring any of the Services;
- exporting Products outside of Canada;
- accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Services on behalf of that person; and
- using the Services in a manner inconsistent with any and all applicable laws and regulations.
- No Resale: For greater certainty, you agree not to reproduce, duplicate, copy, sell, trade, distribute or exploit for any commercial purposes, (i) any portion of the Services or the Content, (ii) use of the Services or the Content, or (iii) access to the Services or the Content.
- International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and use of the Internet.
- Linking: The creation and use of links to the Epi-No Canada Website, and the creation and use of links by Epi-No Canada on the Epi-No Canada Website, are governed by this Agreement, and specifically by Epi-No Canada's Linking Policy, which is incorporated into this Agreement by reference, and is an integral part of this Agreement.
- Disclaimers: Your use of the Services is at your sole risk.
- Downloaded Content and Internet Use – ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED OR VIEWED THROUGH THE USE OF THE Services OR THE INTERNET GENERALLY, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ANY DAMAGES WHICH MY OCCUR AS A RESULT OF SAME, INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Epi-No Canada MAKES NO WARRANTY THAT INFORMATION, SOFTWARE AND/OR OTHER MATERIAL ACCESSED OR VIEWED THROUGH THE Services WILL BE FREE OF viruses, bots, worms, or any other computer code, files or programs that MAY interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.
- User Conduct – Epi-No Canada is not responsible for the conduct, whether online or offline, of any user of the Services or any user of the Internet in general.
- Links, Websites & Resources – Epi-No Canada and/or third parties may provide links to other Internet sites or resources. Inclusion of any link or resource on the Services does not imply the approval or endorsement of Epi-No Canada. When you access such sites or resources, you do so at your own risk. Epi-No Canada has no control over third party websites or resources and such websites and resources are not necessarily investigated, monitored or checked for accuracy or completeness by Epi-No Canada. You acknowledge and expressly agree that Epi-No Canada is not responsible for the availability of such external sites or resources, and that Epi-No Canada does not endorse and is not responsible or liable for any content, advertising, products, opinions or other materials on, or available from or through such sites or resources. You further acknowledge and expressly agree that Epi-No Canada is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- Third Party Advertisers & Applications – Epi-No Canada and/or third parties may create and/or otherwise provide advertisements and applications to Users. Epi-No Canada takes no responsibility for third party advertisements or applications that are created and/or posted on or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, representations, warranties or conditions associated with such dealings, are solely between you and such advertiser. You agree that Epi-No Canada is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of third party advertisers on the Services.
- Communications – Epi-No Canada assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication (whether via the Internet, telephone, "wireless" or any other method of communication).
- Technical Issues / Traffic Congestion – Epi-No Canada is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Clients or to any person's computer related to or resulting from participation or downloading materials in connection with the Services.
- Merchantability & Particular Purposes – The Services and Products sold through our Online Store are provided "as-is" and "as available" and Epi-No Canada expressly disclaims any and all warranties, representations and conditions of any kind, whether express or implied, including but not limited to any/all implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement. Epi-No Canada cannot guarantee and does not promise any specific results from use of the Services or Products.
- Advice & Information – No advice or information, whether oral or written, obtained by you from Epi-No Canada or through the Services shall create any new warranty, representation or condition.
- General – Epi-No Canada MAKES NO WARRANTY THAT (i) THE Services or products WILL MEET YOUR REQUIREMENTS, (ii) THE Services WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Services WILL MEET YOUR EXPECTATIONS, OR THAT (Iv) THAT ANY ERRORS IN THE Services WILL BE CORRECTED.
- Limitation of Liability: YOU UNDERSTAND AND EXPRESSLY AGREE THAT IN NO EVENT SHALL Epi-No Canada (OR IT'S AFFILIATES, LICENSORS, CONTRACTORS AND THEIR RESPECTIVE EMPLOYEES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFIT , GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Epi-No Canada HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE Services OR OTHERWISE ACCESS THE INTERNET OR ANY PART THEREOF; (II) THE USE OR THE INABILITY TO USE any product PURCHASED or otherwise acquired through the services; (III) the disclosure of information by Clients to Epi-No Canada; (iv) any Content posted on or through the Services (v) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (vi) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vii) STATEMENTS OR CONDUCT OF ANY client or THIRD PARTY, whether online or offline; (Viii) third party software or hardware installed by Clients; (ix) spyware, malware or viruses contracted from using the Internet or otherwise through the Services; OR (x) ANY OTHER MATTER RELATING TO THE Services OR THE PRODUCTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Epi-No Canada's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Epi-No Canada FOR THE Services OR PRODUCTS SOLD TO YOU THROUGH THE SERVICES.
- Jurisdictional Exclusions & Limitations: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 22 AND 23 MAY NOT APPLY TO YOU.
- Disputes – Governing Law, Jurisdiction & Attornment: The Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario, and the federal laws of Canada where applicable, without regard to conflict of law provisions. You expressly agree to submit to the exclusive jurisdiction of the courts located within the Province of Ontario to resolve any dispute arising out of this Agreement or the Services.
YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR TO PARTICIPATE IN CLASS PROCEEDINGS IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
- Indemnity: You agree to indemnify and hold Epi-No Canada and its employees, subsidiaries, affiliates, directors, officers, agents, partners, licensors and their respective employees harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of Content and/or third party contact information you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of this Agreement, and/or your violation of any rights of another.
- General:
- Independent Legal Advice – You acknowledge having read, understood and agreed with all of the provisions of this Agreement and have signed it of your own free will and without any form of duress being exerted upon any of them by the others, and each acknowledge having had the opportunity to obtain independent legal advice with respect to it and that they have each either received or expressly waived same.
- Acceptance – This Agreement is accepted upon your use of the Epi-No Canada Website or any of the Services and/or by ordering one or more of the Products available for sale through the Services.
- Language – You agree that this Agreement and any of its accessories, including notice, be written in the English language. / Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais.
- Waiver – Epi-No Canada shall not be deemed to have waived the exercise of any right that it holds under this Agreement, at law or in equity, unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise or non-exercise of any such right is to be deemed to be a waiver with respect to any other instance involving the exercise or non-exercise of the right or with respect to any other such right.
- Severability – In the event any provision of this Agreement, as amended from time to time, is deemed invalid or void, in whole or in part, by any court of competent jurisdiction, such invalidity or unenforceability attaches only to such provision or part thereof and the remaining terms and provisions of this Agreement remain in full force and effect.
- Statute of Limitations - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or related to this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Further Assurances – You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as Epi-No Canada may reasonably require from time to time for the purpose of giving effect to this Agreement, including regularly reviewing this Agreement and updating your Registration Information.
- Force Majeure – Epi-No Canada shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or for any interruption in the Services resulting directly or indirectly from any act of God or the Queens' enemies, a lawful act of a public authority, a delay or default by a common carrier, fire, explosion, power failure, flood, epidemic, riot or civil disturbance, sabotage, accidents, insurrections, blockades, embargoes, storms, labour disputes, strikes or similar event, which cannot reasonably be foreseen or provided against.
- Acknowledgement / Entire Agreement: You ACKNOWLEDGE and expressly agree that you have read this Agreement, understand it and agree further to be bound by its terms and conditions, as amended from time to time. Further, You ACKNOWLEDGE and expressly agree that this instrument is the complete and exclusive statement of the agreement between you and Epi-No Canada, which supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject-matter of this Agreement.
Please contact Epi-No Canada if you have any questions, comments or concerns regarding this Agreement.
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