The use of services from LCA Imperial Corp. constitutes agreement to these terms. This policy represents the LCA Imperial Corp. Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Customers agree to when they sign-up for any Services with LCA Imperial Corp. LCA Imperial Corp. reserves the exclusive right to revise, change, or amend any portion of this policy at any time, without advance notice to Customers.
Customers using any Services offered by LCA Imperial Corp. consent to be bound by and must comply with all policies in this TOS. At the sole discretion of LCA Imperial Corp., any violators of this TOS may have some or all of their Services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for LCA Imperial Corp. providing the Services to You, You agree to the following terms of service.
* “Us, We, Our, LCA Imperial Corp.” shall mean LCA Imperial Corp.
* “You, Your, Client, Customer, Member, Subscriber” shall mean each person or entity who applies for Service or is a designate of anyone who applies for Service.
* “Service” shall mean the services provided by Us to You.
The Services are provided on an “as is” basis, and use of the Services is at the Client’s own risk. LCA Imperial Corp. makes no representations or warranties of any nature whatsoever, either express or implied, with respect to the Services, including without limitation, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES IT PROVIDES.
Neither LCA Imperial Corp. nor any one else involved in the provision of Service is liable to You or any third-party for direct or indirect damages resulting from the use or non-use of Services provided herein, whether or not such damages resulted from the negligence of LCA Imperial Corp., even if LCA Imperial Corp. has been advised of the possibility of such damages.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LCA IMPERIAL CORP. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, AGGRAVATED, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE LCA IMPERIAL CORP.’S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF LCA IMPERIAL CORP.’S SERVERS AND/OR NETWORK), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF LCA IMPERIAL CORP. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LCA IMPERIAL CORP.’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold LCA Imperial Corp. and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to Your use of the Services, Your violation of any of the provisions of this agreement, or from Your placement or transmission of any materials or content onto LCA Imperial Corp.’s servers. Such liabilities may include, but are not limited to, those arising from the following:
(a) with respect to Your business,
(i) infringement or misappropriation of any intellectual property rights;
(ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or
(iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein;
(b) any damage or destruction to LCA Imperial Corp.’s equipment or to any other customer of LCA Imperial Corp., which damage is caused by or otherwise results from acts or omissions by You, Your representative(s) or Your designee(s);
(c) any personal injury or property damage arising out of Your activities related to the Services; and
(d) any other damage arising from Your equipment or Your business.
This TOS shall be governed by and construed in accordance with the domestic substantive laws of the Province of Ontario and the applicable federal laws of Canada without giving effect to any choice or conflict of laws provision or rule that would cause the application of the domestic substantive laws of any other jurisdiction.
Headings are for convenience only and have shall have no bearing on the construction or interpretation of this TOS.
SERVICES PROVIDED BY LCA IMPERIAL CORP.
LCA Imperial Corp. offers other Services. The terms of these Services are governed by this agreement. The details of these Services are as indicated within the LCA Imperial Corp. website.
lcaimperial.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to “LCA Imperial Corp” (amazon.com or AmazonWireless.com).
LCA Imperial Corp. has different refund policies for different services:
(a) For all installation of services, there are no refunds. All sales are final
(b) For all sold merchandise, there are no refunds. All sales are final.
(a) There are no refunds on setup fees for any services or products. All sales are final.
(i) For all other services not specified, there are no refunds. All sales are final.
(j) Customers must incur any fee in connection with the refund process, and LCA Imperial Corp. will refund the net amount. In particular:
if payment was made by credit card, LCA Imperial Corp. will subtract the fee in connection with crediting to the Customer’s credit card (if there is any),
if payment was made by bank transfer, LCA Imperial Corp. will subtract fees required for the bank transfer,
if payment was made by PayPal, LCA Imperial Corp. will subtract the fee(s) in connection with crediting to the Customer (if there is any),
if payment was made by any other method, LCA Imperial Corp. will subtract any fee(s) associated with the transaction.
Your rights under this agreement may be assigned only upon prior notice and express approval by LCA Imperial Corp. Any other attempted transfer or assignment of rights hereunder shall be null and void.
LCA Imperial Corp. may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of LCA Imperial Corp. .
LCA Imperial Corp. may without advance notice amend this agreement from time to time, and will do so by posting the new agreement on the LCA Imperial Corp. websites in place of the old agreement. Each and every such amendment shall be become effective immediately for all pre-existing and future Accounts. If any material modification to this agreement is unacceptable to the Customer it shall be Customer’s responsibility to terminate his/her subscription. If the Customer does not terminate the agreement within 10 days of the material modification, then Customer’s continued use will mean that Customer has accepted the amended or modified agreement and the agreement is in full force and effect.
If any term or provision of this agreement is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect the other terms or provisions hereof or the whole of this agreement, but such term or provision shall be deemed modified to the extent necessary in the court’s opinion to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and the agreements of the parties.
In addition, LCA Imperial Corp. reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
UPDATED: July, 2020