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Legal Information and Notices

Agreement to Terms of Use

The following are terms of a legal agreement between you and Twisted Melon Inc. ("Terms"). By accessing, browsing, using and/or linking to this web site ("Site"), you acknowledge that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including Canadian and U.S. export and re-export control laws and regulations. If you do not agree to these Terms, do not use this Site.

In the event that one or more provisions of the Terms shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in the Terms, which shall remain valid and enforceable.

Restrictions on Use of Site

Twisted Melon Inc., TwistedMelon.com and its affiliates (collectively "Twisted Melon") hereby authorize you to copy the materials published by Twisted Melon on this Site (the "Materials") exclusively for non-commercial use by you personally. The design and layout of the Site are specifically excluded from the Materials. This authorization cannot be interpreted to include any form of publication or distribution of Twisted Melon's content. A non-exclusive authorization is granted to other web sites (non-commercial in nature) allowing up to 20 words, or paraphrasing of not more than 150 words, of any single article or passage published by Twisted Melon, provided that the material is attributed and hyperlinked to https://twistedmelon.com. No other use of the Materials is authorized. In consideration of this authorization, you agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. For additional information and to obtain written authorization for alternate publication or distribution, please contact Public Relations

Access to the Site and Materials is authorized by Twisted Melon at its sole discretion. Twisted Melon reserves the right to deny access to anyone at any time for any reason, with or without explanation.

Property Rights

The literature, artwork, products, technology, and/or processes described in this Site may be the subject of intellectual property rights reserved by Twisted Melon or other third parties under license. Nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Twisted Melon or any third party.

General Disclaimer

While Twisted Melon has attempted to provide accurate information on the Site, no representation is made or warranty given as to the completeness or accuracy of the Materials. In particular, you should be aware that the Materials may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from this Site before you take any action upon it.

THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT.

TWISTED MELON SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY OR INJURY CAUSED TO YOU, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, AND/OR INCIDENTAL DAMAGES, RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON/BY THE SITE, EVEN IF TWISTED MELON AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No advice or information, whether oral or written, obtained by a visitor, user, guest or customer of Twisted Melon, shall create any warranty not expressly made herein.

Twisted Melon may periodically schedule time for maintenance and other purposes. Unplanned system outages also may occur. Twisted Melon shall have no liability whatsoever for the resulting unavailability of the Web site or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, misdelivery, or non-delivery of data or other information caused by such system outages, or any third party acts or any other outages of Web host providers or the Internet infrastructure and network external to the Site.

Links to Third Party Web sites

This Site may provide links or references to other sites. Twisted Melon has no responsibility for the content of these other sites, does not make any representations or give any warranties with respect to any information contained in or at these other sites, and shall not be liable for any damages or injury arising from the content of these other sites. Twisted Melon does not endorse companies or products to which it has provided links. Any links to other sites are provided merely as a convenience to the visitors of this Site and, if you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. Twisted Melon reserves the right to terminate any link or linking program at any time. You acknowledge that this Site may link to other Web sites not controlled by Twisted Melon and that Twisted Melon is not responsible for the data collection policies of these sites — consult the Terms of Use, Acceptable Use Policies, Privacy Policies or other agreements of each web site you visit.

There may be circumstances where access to this Site is provided by a hypertext link located at another Web site. Twisted Melon does not make any representations or give any warranties with respect to any information contained in or at these other sites and Twisted Melon shall not be liable for any damages or injury arising from the content of these other sites. Twisted Melon does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Site at their Web sites. Unless approved in writing, in advance by Twisted Melon, you agree not to create any frames, at any other Web sites, pertaining to any of the Materials located at this Site (the linking and display of the Site or portion thereof within a third-party or alternate context). Please contact the Site administration for information or to report any cases of improper Site usage.

Updates

The Materials published on this Site may include technical inaccuracies or typographical errors. Changes — including, but not limited to, quoted prices, specifications and other measures — may be made periodically to the Materials. Twisted Melon may also make improvements and/or changes in any of the Materials at any time without notice. Twisted Melon shall have the right to revise these Terms at any time by updating this posting. By linking, accessing, browsing, and/or using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound. A link to these Terms will be provided within the footer context of the Site.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

User Communication and Feedback

Twisted Melon welcomes your feedback regarding many areas of its existing business. Please see the online form at https://twistedmelon.com/contact — Any feedback you provide at this site shall be deemed to be non-confidential. Twisted Melon and its employees do not accept or consider unsolicited ideas, including ideas for new campaigns, promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The purpose of this policy is to avoid potential misunderstandings or disputes when Twisted Melon products or marketing strategies might seem similar to ideas submitted.

Subject to the parameters and restrictions set forth in our Online Privacy Policy, Twisted Melon is under no obligation to refrain from reproducing, publishing, or otherwise using communications you send to, or receive from this Site or otherwise send to, or receive from Twisted Melon by any or other means, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose, including the developing, manufacturing, and/or marketing of products or services incorporating such information. You hereby give Twisted Melon your consent to use your personal data consistent with the Site’s Online Privacy Policy.

Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Twisted Melon, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of the Terms or (ii) your use of the Site, the content contained in the Site and the placement or transmission of any information or other materials on the Site made by you or others using your account. You agree to promptly notify Twisted Melon immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. Twisted Melon reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.

Recourse

If you are dissatisfied with the Site or with the Terms, your sole and exclusive remedy is to discontinue using the Site. In such an event, you agree to destroy all materials obtained by you on the Site and all copies thereof. The Terms shall survive any such termination.

Compliance With Laws

Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as Twisted Melon may determine in any and all actions, disputes, or controversies relating hereto. The Terms and Conditions and any rules, policies, guidelines or other agreements posted on the Site constitute the entire agreement between Twisted Melon and you with respect to your use of the Site. Notwithstanding the foregoing, any products or services which you purchase through the Site shall be subject to all terms and conditions relating to such purchase provided to you from time to time including, without limitation, all terms and conditions posted on the Site and all terms and conditions delivered to you (in any manner or form) in connection with any products or services purchased.

Waiver

No delay or omission by Twisted Melon to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Twisted Melon of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.


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