MagicMed

Welcome to magicmedindustries.com (the “Site“), a website owned and operated by MagicMed Industries Inc. (“MagicMed“).  The Site or any product or service offered on the Site (collectively the “Services”) are provided by MagicMed, conditional on your acceptance of the terms and conditions of use set out below (the “Terms and Conditions of Site Use“).  Your use of the Site shall constitute your binding acceptance of the Terms and Conditions of Site Use.

MagicMed reserves the right to modify or amend the Terms and Conditions of Site Use without notice at any time.  As such, it is important that the Terms and Conditions of Site Use be read on a regular basis so that you are aware of any such changes.

Copyright and Trade-marks

All content included on the Site (including, without limitation, the design, text, software, graphics, trade-marks, service marks, logos, slogans and internet domain names as well as any audio or video), and any selection or arrangement thereof (the “Content“), is the exclusive property of MagicMed or its licensors and is protected by international copyright, trade-mark, service marks, patents, or other proprietary rights and laws.  All such rights therein are expressly reserved by MagicMed.

None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of MagicMed.  The MagicMed name and logo are registered trade-marks and copyrights of MagicMed Industries Inc.  

Grant of Limited License

You are granted a limited, revocable, conditional and non-exclusive license to download, display and print the Content for personal, non-commercial use only, provided you do not alter the contents thereof or publish, disseminate, copy or distribute the Content on a wider basis.  Any use not expressly permitted in these Terms and Conditions of Site Use is strictly prohibited without the written consent of MagicMed.  This license may be withdrawn or terminated at any time by MagicMed without notice or any liability whatsoever to you.

User Conduct

In consideration of the availability and your use of the Site, you agree to comply with the Terms and Conditions of Site Use and all applicable laws when using the Site.  You acknowledge that MagicMed may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.  Additionally, you agree not to: 

  • post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site or the Internet;
  • post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent, threatening, harassing, or unlawful material or information; 
  • post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus or other harmful or disruptive component;
  • interfere with the security of, or otherwise abuse, the Site, system resources, accounts, servers or networks connected to or accessible through the Site;
  • sell, license, rent, reproduce, modify or attempt to modify the Content in any way, or reproduce or publicly display, perform, transmit, distribute or otherwise use the Content for any public or commercial purpose;
  • use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize or otherwise extract information from this Site or the Content in whole or in part;
  • use or attempt to use another’s account, password, or other information without the prior written authorization of MagicMed, or create or use a false identity on the Site;
  • access the Site for the purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purpose; or
  • attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.

Liability Disclaimer

All Content and Services provided on or through the Site are provided “as is” and in good faith by MagicMed.  While MagicMed will use best efforts to present current, accurate and pertinent information, it does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the Content and all warranties and representations are hereby excluded to the extent permitted by law.  MagicMed does not warrant that the Content is accurate, reliable or correct, that the Site will be available at any particular time or location, that any defects or errors will be corrected or that the Content is free of viruses or other harmful components.  Further, nothing on the Site constitutes advice, nor should the Site, or any part thereof, be relied upon in making, or refraining from making, any decision.  

Use of this Site is solely at your own risk.  To the extent permitted by law, MagicMed hereby disclaims all liability (howsoever arising) in connection with any loss or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Site or the Content, or any action taken (or refrained from being taken), including our own negligence, as a result of using any of the foregoing.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will MagicMed, or its affiliates, subsidiaries, directors, officers, employees, contractors, or agents be liable or responsible to you, or any person claiming through you, for any loss, claim, costs or damages whatsoever, including, without limitation, for any loss of profits, business interruption, interruption of activities, failure to realize expected revenue or savings, or loss of data, whether direct, indirect, incidental, consequential, special, exemplary, punitive or otherwise, and whether arising out of any use or misuse of the site and/or the content, or any interpretation, reliance upon or other use, authorized or unauthorized, of the content or any information available via the site or any third party websites or links thereto. Under no circumstances whatsoever will MagicMed, or its affiliates, subsidiaries, directors, officers, employees, partners or agents be liable for any such claim in excess of one hundred ($100.00) dollars. The foregoing provisions shall apply regardless of the cause of action, whether arising in tort, contract or any other legal theory.

Without limiting the generality of the foregoing, reports filed by MagicMed with the securities regulatory authorities of each province of Canada and listed or posted on the web site and/or linked to via the web site are effective only as of the respective dates on which such reports are filed or used by MagicMed. The contents of such reports can quickly become out-of-date and MagicMed makes no commitment, and disclaims any duty, to update any of those reports.

Indemnity

You agree to indemnify, defend and hold harmless MagicMed and each of its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns from and against any claims, actions or demands, including without limitation, legal and accounting fees arising from your use of or connection to the Site, any violation of the Terms and Conditions of Site Use by you, or in connection with your use of the Content or the Site or any violation of applicable law or rights properly belonging to another party by you.

Submission of Ideas and Suggestions

MagicMed is always modifying the Site and developing new features. If you have ideas or suggestions regarding improvements or additions, MagicMed would like to hear them, provided any submission will be subject to the Terms and Conditions of Site Use.  Under no circumstance shall any disclosure of any idea or suggestion be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea or suggestion you are waiving any and all rights that you may have in the idea or suggestion and are representing and warranting to MagicMed that the idea or suggestion is wholly original to you, that no one else has any rights in the idea or suggestion and that MagicMed is free to implement the idea or suggestion if it so desires, as provided or as modified by MagicMed, without obtaining permission or license from any third party. 

Monitoring and Communications

MagicMed may monitor your use of the Site and the Content but accepts no obligation to do so.  MagicMed reserves the right to monitor email and other electronic communications between MagicMed and third parties, including you, for the purposes of carrying out an investigation of any breach of these Terms and Conditions of Site Use or any other contract, agreement or policy to which MagicMed is a party.  Any communication between you and MagicMed will be subject to these Terms and Conditions of Site Use and any personal information you provide to MagicMed shall be subject to our Privacy Policy.  MagicMed does not guarantee or warrant the confidentiality of any communications via the Internet between you and MagicMed.

Links to the Site

No links to the Site may be “framed” to the extent that such frame contains any sponsorship, advertising or other commercial text or graphics.  All links to the Site must be to https://magicmedindustries.com.  “Deep linking” to internal pages of the Site is expressly prohibited.

Cookies and Web Beacons

To enhance your experience with the Site, MagicMed reserves the right to use “cookies” (“Cookies”).  MagicMed’s use of Cookies is described in our Privacy Policy.

Changes to Terms and Conditions of Site Use

MagicMed reserves the right to modify, add to, delete from, alter or update the Terms and Conditions of Site Use (each a “Change“) without notice at any time.  Any Changes will be posted to this page and it is your responsibility to ensure that you are aware of any such Change from time to time.  Changes will become effective 24 hours after they are first posted and you will be deemed to have accepted any Changes if you continue to access the Site after that time.

Governing Law

The Terms and Conditions of Site Use shall be deemed to have been made and performed exclusively in Alberta and shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein without regard to conflict of laws principles.  You agree to submit to the exclusive forum, jurisdiction and venue of the courts of Alberta for any claim related to the Terms and Conditions and you agree not to bring any action, suit or proceeding against MagicMed, its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns in any jurisdiction other than Alberta.

General 

These Terms and Conditions of Site Use will enure to the benefit of MagicMed and its successors and assigns.  In the event that any portion of these Terms and Conditions of Site Use is found to be invalid by a court of competent jurisdiction, such provisions shall be severed from these Terms and Conditions of Site Use, and the balance of these Terms and Conditions of Site Use shall remain in full force and effect.  MagicMed ‘s failure to enforce or insist upon strict performance of any term or condition of these Terms and Conditions of Site Use shall not constitute a waiver of any such term or condition or of subsequent compliance by you with these Terms and Conditions of Site Use.  These Terms and Conditions of Site Use, being personal to you, may not be assigned, in whole or in part, by you.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED