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Legal Notices – Datamax Worldwide

Notice regarding Legal Authority to Bind Datamax Worldwide

Only the authorized corporate officers of Datamax Worldwide Inc. and one or more of any of its affiliated or related companies worldwide (hereinafter individually “DW”) shall have the legal authority to bind DW to any obligation and/or agreement whatsoever, save as may otherwise be expressly set out in DW’s Terms and Conditions on DW’s web site (www.datamaxworldwide.com). No legal contract or agreement, or modification or amendment to any legal contract or agreement, to which DW is a party will be valid or binding upon DW unless agreed to in a formal written document signed by an authorized corporate officer of DW. Authorized corporate officers of DW are only the C.E.O. and the C.O.O. An employee of DW who is not an authorized officer of DW has no actual, apparent, or implied authority to legally bind DW in any manner whatsoever.

1. Terms of Use

(A) Governing Terms. This website (collectively “Site”) is an interactive on-line service operated by DW. These Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site or in these Legal Notices or in our Privacy Policy (collectively “Terms of Service”), set forth the terms and conditions that apply to your use of the Site. By using the Site, you agree to comply with all of the terms and conditions herein. If you do not agree to these Terms of Service, you should not access or use the Site.

(B) Changes to Terms of Service. DW may modify the Terms of Service, or any part hereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of this Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

(C) Changes to the Site. DW may change or discontinue any aspect, service, feature of the Site or product or service of DW described herein at any time and without notice, including, but not limited to, content, hours of availability, and equipment needed for access or use.

(D) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware, and any other equipment needed for access to and use of this Site, and for all charges related to the same.

(E) Image Limitations. DW strives to accurately reproduce the screen images of the photos shown. However, due to manufacturing variances, the limitations of your monitor resolution and the variation in natural exterior and interior lighting, actual colours and products may vary from the images you see. To ensure complete satisfaction, you should make final selections from several full size products and view a sample of the product.

2. Copyright Ownership

(A) General. This Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, documents, software, photos, video, graphics, music, and sound. The entire content of this Site is copyrighted as a collective work under Canadian and International copyright laws. DW owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content on the Site, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of material obtained from the Site will be permitted without the express, written permission of DW. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading, or otherwise using copyrighted material from this Site.

(B) Approved Copyright Legend. Here is the appropriate copyright legend that should be used for any such materials obtained or referenced from this Site:

3. Trademarks

DW owns all right, title, and interest in its registered and unregistered trademarks, service marks, logos, and taglines used in connection with any of DW’s products or services referenced on the Site or otherwise provided by DW in the industry, including, but not limited to, the marks DW, the DW logo(s) and stylized marks, and any associated tagline. Any other marks, logos, or company names appearing on the Site are the property of their respective owners.

4. Disclaimer of Warranty & Limitation of Liability

(A) Information contained on this Site is intended for general information purposes only, is not intended to make any representations or legal statement, and is provided on an “as is” basis. While effort has been made to provide correct and clearly expressed information, errors may occur. Furthermore, any information contained on this Site is subject to change at any time and without notice.

(B) DW and any of its officers, directors, shareholders, employees, and agents hereby disclaim any responsibility or liability for any errors, omissions, or statements contained on this Site and assume no liability whatsoever for any action taken in reliance on the information contained on this Site, or for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of this Site or of any information or content contained therein.

(C) UNLESS GOODS SOLD BY DW OR ANY OF ITS AFFILIATES ARE SUBJECT TO AN EXPRESS LIMITED WARRANTY OR OTHER WARRANTY PROVIDED BY DW AS EXPLICITLY SET FORTH ON THE SITE (www.datamaxworldwide.com), THE GOODS ARE SOLD “AS IS, WITH ALL FAULTS.”, WITHOUT RECOURSE, AND DW DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRIVATE LABEL GOODS, GOODS DESCRIBED AS”SECONDS”, “ECONOMY”, “DAMAGED”, “OFF-GRADE”, AND OTHER SIMILAR DESIGNATIONS ARE DEEMED TO BE SOLD “AS IS, WITH ALL FAULTS.”

5. Links to Third Party Content or Websites

In the event that there are any links or pointers to third party (not owned or operated by DW) websites within this Site, such links are provided merely for convenience to you and do not constitute an endorsement of the products or services offered by the owner or operator of such third party websites. DW and any of its officers, directors, shareholders, employees, and agents hereby disclaim any responsibility or liability for such third party websites and assume no responsibility or liability for any content, information, or statements made on such linked websites or by the owner or operator of such websites.

6. Entire Agreement

These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede any and all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of DW and any of its affiliated companies or entities. These Terms of Service shall be construed in accordance with the laws of the Province of British Columbia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Privacy Statement

General Overview

This website (collectively “Site”) is an interactive on-line service operated by Datamax Worldwide (hereinafter “DW” or “We” or “Us”).

The purpose of this Privacy Statement (“Statement”) is to disclose to you what information We may collect, how We may collect it, with whom We may share it, and certain other matters related to such information, including the choices you have regarding our collection of information and our use and disclosure to other parties of information We may have collected from you.

DW takes privacy seriously. DW is committed to protecting your privacy. We use the information we collect about you to facilitate commercial transactions and to provide you with a more personalized experience with this Site and with DW. We have created this Privacy Statement in order to demonstrate our firm commitment to protecting the privacy of all of our customers and visitors. The following paragraphs and sections of this Statement disclose the information-gathering and dissemination practices and policies of DW.

Except as otherwise discussed in this Statement, this document only addresses the use and disclosure of information We collect from you on-line or otherwise, including when We reference this Statement. For some services, We may collect and transfer personal information to a service provider you have selected, or you may visit other merchants or third parties through links on our Site who may collect and use your personal information in ways and manners different than DW. We strongly encourage you to ask questions, to be very cautious, and ensure you are dealing with a reputable site or company before you disclose any personal or financial information to others.

Please read the following to learn more about our data collection policies and practices. By using this Site you consent to and acknowledge the collection and use of your information by DW as set forth in this Statement.

Personal Information Privacy Principles

We collect, store, process, and use any personal information Site users provide to us or that we otherwise gather on this Site or otherwise in accordance with the following principles:

Accountability:

DW will only collect personal information that is required or legitimate in the course of normal business operations. Wherever necessary, DW will advise third parties that receive or process information on DW’s behalf to provide a comparable level of privacy protection in respect of such information.

Identifying Purposes, Obtaining Consent and Limiting Use:

When collecting personal information, DW will disclose the purpose for the information collection and will obtain consent, when required, to allow DW to use the information in the course of normal business operations.

Please note that if the collection, use or disclosure of personal information is permitted by law or required by court order or other legal proceeding, DW will not seek additional consent or provide any additional notice to you.

Safeguards:

DW safeguards personal information by employing security measures that are appropriate and commercially reasonable based on the sensitivity level of the information in question. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us, but before it gets to us, over the Internet. We ask that you do your part to ensure security of personal information, by maintaining any computer passwords you use to access the Internet or your computer strictly confidential, to use secure Internet connections, and to use virus-protected computer hardware whenever possible.

Openness, Accuracy, Access and Challenging Compliance:

Upon being advised in writing of any inaccuracies with regard to your personal information, DW will use its best efforts to make any necessary or materially relevant changes to such information in our possession.

Information We May Collect and Information Use

DW may collect personally identifiable information, including name, title, company, address, e-mail address, phone numbers, and the like when you correspond with Us or submit questions or comments to Us through the Site or otherwise. We do not require you to provide personal information to obtain access to any public portions of our Site.

Any personal information we maintain about you will be used for the purpose indicated on the Site or as stated in this Statement or as specifically disclosed to you. DW collects information to facilitate the services offered on this Site and to provide better and more useful services to the users of the Site, and to respond to queries or requests of users. If you submit personal information to Us through this Site, we may use your information to initiate periodic communications (by phone, fax, email, or mail) with you about services or products that are offered by DW or any of its affiliates or business partners, about upcoming events that may be of interest to you, and similar types of information.

If you do not want us to communicate with you at all, or by specific modes of communication, or about certain types of information, you can “opt out” or customize your level of communications you received from Us as described below in the section entitled “Access, Amendment, and Deletion” below.

The information collected on this Site is currently stored on servers physically located within Canada and/or the United States; however, DW reserves the right to store such information in any other location, as deemed necessary or desirable by DW, in its sole discretion and without further notice.

Access, Amendment, and Deletion

If at any time you would like to correct, change or view personal information you have submitted to DW on-line or otherwise through this Site, or otherwise, if you would like to remove your name completely from our database, or if you would like to customize what information you receive and how you receive it, please contact Us by emailing to Us at: email@datamaxworldwide.com

Cookies and Other Non-Identifiable Information

As with many Websites, the Site uses standard technology called “cookies”, which are small data files that are transferred to your computer when you allow your browser to accept cookies. Cookies automatically identify your Web browser to the Site whenever you visit the Site, and make using the Site easier for you by saving your passwords, purchases, and preferences. By tracking how and when you use the Site, cookies help Us determine which areas of our Site are popular and which are not. Many improvements and updates to the Site are based on data obtained from cookies. Accepting cookies allows you, among other things, to personalize your experience on the Site. Cookies may also allow the Site to present to you advertising or information, products, or services which may be of interest to you. If you do not want information collected through the use of cookies, you generally can “opt out” of providing this information to Us by turning the cookies off in your browser on your computer; however, please note that doing so could impact your ability to access or use some areas of the Site or the Site may not provide you with a personalized experience if you have disabled the use of cookies. Note that cookies do not personally identify users – although they do identify a user’s computer.

We may collect IP addresses and/or click-stream data for purposes of system administration, to improve the Site and to report aggregate information to our advertisers and sponsors or for other internal uses. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. Our computers identify your computer by its IP address. When you request Web pages from the Site, our computers log your IP address.

Click-stream data is information collected by our computers when you request Web pages from the Site. Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other such non-personal information. When analyzed, this data helps us analyze how visitors arrive at the Site, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising, and the like. Such information helps us to improve and administer our Site.

Personal Information Sharing Practices

When you share personal information on this Site or otherwise with DW, you are sharing that information with DW, including our subsidiaries and related companies. We will not sell, exchange or otherwise distribute your personally identifiable information, without your consent, except to the extent required by law, in accordance with your instructions, or as otherwise set out in this Statement.

DW may share your personal information with third party business partners or service providers so that they may provide services to DW that are consistent with the terms of this Statement. As we continue to develop our business, we might sell or buy assets. In such transactions, user information generally is one of the transferred business assets. Therefore, please be advised that if DW or any of its affiliated companies or subsidiaries were acquired or if all of the material assets of DW or any of its affiliated companies or subsidiaries is sold, your personal information may be one of the transferred assets.

DW may also disclose personal information collected through this Site or otherwise in special circumstances. For example, if it appears that a user is accessing or using the Site or our Servers for illegal or disruptive purposes to DW or to any other party. We may also use personal information that we maintain about a user to resolve disputes and troubleshoot problems. DW may also disclose personal information when DW believes in good faith that such disclosure is required by law or necessary to protect other Site users or the public.

Limitation of Liability

By providing Us with any personal information, you expressly and unconditionally release and hold harmless DW, its parents, shareholders, owners, members, and each of their subsidiaries, affiliates, directors, officers, employees, and agents (collectively, the “Releasees”) from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected personal information from the Site. In addition, while DW takes efforts to ensure that the use of user personal information provided to third party companies, promotional partners or vendors shall be in accordance with this Statement, the Releasees are not liable for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected personal information by such third parties.

External Links

This Site may include links to third party Web sites which we do not own or control. Therefore, you should be aware that when you are on the Site, you could be directed to other sites beyond our control. For example, if you “click” on a banner advertisement, the “click” may take you off the Site onto a different Website. This includes links from advertisers, sponsors, and partners that may use the Site’s logo as part of a co-branding agreement. These other Websites may send their own cookies to you, independently collect data or solicit personal information, and may or may not have their own published privacy policies. If you visit a Website that is linked to our Site, you should consult that Web site’s privacy policy before providing any personal information. If you cannot find the privacy policy of any of these third party Web sites via a link from the Web site’s homepage, you should contact the third party Web site operator directly for more information. DW’s Web Site Privacy Statement does not apply to any information you submit to third-party Websites, including, without limitation, any Websites that may be connected to our Site by hypertext link or otherwise.

Policy Updates

This Statement was last updated on July 8, 2019. We reserve the right to modify this Statement from time to time and for any reason. If we modify this Statement, we will post the modified Statement on the Site – so please check back from time to time to ensure that you have reviewed and are familiar with the current terms and conditions set forth in this Statement.

EARNINGS DISCLAIMER

Disclaimer: No Earnings Projections, Promises Or Representations

You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of Datamax Worldwide products, and that we have not authorized any such projection, promise, or representation by others. Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).

There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”.

(i) The Economy. The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by Datamax Worldwide products.

(ii) Your Success Or Lack Of It. Your success in using the information or strategies provided by Datamax Worldwide depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all.

All businesses and earnings derived therefrom, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase Datamax Worldwide products, and/or any monies spent setting up, operating, and/or marketing Datamax Worldwide products, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).

(iii) Forward-Looking Statements. MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE, IN OTHER MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

(iv) Due Diligence. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of professional advice. Nothing contained on the website or in materials available for sale or download on the website provides professional advice in any way. You should consult with your own accountant, lawyer, or professional advisor for any questions you may have.

We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.

(v) Purchase Price. Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for Datamax Worldwide products has been arbitrarily set by us. This price bears no relationship to objective standards.

These Terms of Service were last updated on July 8, 2019.

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