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Step 1: Terms and Conditions of Sale

1. Acknowledgment and Acceptance of Terms and Conditions

Welcome to OEMic E-Commerce, http://www. ("this Site"). This Site is owned and operated by OEMic Industries Inc. ("OEMic"). We provide access to this Site to you subject to the following notices and terms and conditions of use ("Terms and Conditions"). PLEASE READ THESE TERMS AND CONDITIONS AND PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE. By accessing, browsing or using this Site, and/or your placement of an order, you agree to accept these Terms and Conditions. If you do not agree to these terms, please do not use this Site. These Terms and Conditions comprise the entire agreement between you and OEMic and supersede all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE " BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. If at any time the Terms and Conditions are no longer acceptable to you, you should immediately cease all use of this Site.

2. Disclaimer

Products, materials, information and services, including and without limitation, text, graphics and links, are provided on an "as is, as available" basis and without representations, conditions or warranties of any kind, either express or implied. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, OEMic DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING, TRADE OR PERFORMANCE. You agree that price and availability information is subject to change without notice, and that placement of an order does not guarantee that the product ordered will be available.OEMic does not warrant that the functions contained in the Site materials will be uninterrupted or error-free, that defects will be corrected, or that the Site or server that makes it available are free of viruses or other harmful components. OEMic assumes no responsibility for damage to your computer or computer system as a result of use of a function or content. OEMic does not represent or warrant that the information accessible via this Site is accurate, complete or current. You expressly agree that the entire risk as to the use, quality and performance of the function and the accuracy or completeness of the Content is assumed solely by you.

3. Trademark and Copyright

The material on this Site, including all software, content, site design, text, graphics, and the arrangement thereof, (collectively, the "Content"), are copyright ? 1999 OEMic, unless otherwise indicated. ALL RIGHTS RESERVED. You acknowledge that this Site contains Content that is protected by copyright, trademark or other proprietary rights of OEMic or third parties. All Content on this Site is copyrighted as a collective work of OEMic pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through this Site.

4. Restrictions on Using the Materials

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. Modification of the Content or use of the Content for any purpose other than one expressly permitted in this Agreement (including use of any such material on any other web site or networked computer environment) is a violation of intellectual property rights and other proprietary rights. Any use or modification of the Content in whole or in part for any other purpose is strictly prohibited. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.You agree that any copy of the Content that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Trademarks may not be used in connection with any product or service not related to OEMic or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OEMic. All rights reserved. All other trademarks, service marks, trade names and/or other marks are the property of their respective owners. All rights reserved.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OEMic AND ITS AFFILIATED BUSINESS UNITS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS (COLLECTIVELY, THE "OEMic PARTIES") BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE A PRODUCT, EVEN IF ANY OF THE OEMIC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE OEMIC PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR A PARTICULAR PRODUCT. In no event shall any OEMic Party be liable for any damages of any kind arising from the use of any hyper-linked site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind.

6. Risk of Loss

All items purchased from OEMic are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

7. Indemnity

You agree to indemnify, defend and hold harmless the OEMic Parties from and against any and all claims, demands, actions, liability, losses, costs and expenses (including attorneys' fees) in connection with: (1) any use or alleged use of this Site under your password by any other person, whether or not authorized by you, or (2) your breach of these terms and conditions or your violation of any law or the rights of a third party arising out of your use of this Site. OEMic reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperated with OEMic's defense of such claim.

8. Privacy Policy

OEMic respects your privacy. We are committed to providing you with a safe and secure site. By submitting information to this Site, you agree that we may collect, use and distribute this information for the purposes for which it was collected and in accordance with the Privacy Policy.We do not collect, use or disclose any information you provide us during sign-on. The information provided regarding your transactions or inquiries is not given to any third parties.In order to make our navigation as fast as possible and preserve settings between visits, we use "cookie" technology. We do not use cookies to store information about our visitors. Cookies are small pieces of data stored by your Internet browser on your computer's hard drive, which make browsing easier when you revisit pages. You may set your browser to notify you when you receive a cookie or to prevent cookies from being sent. Please note, however, that by not accepting cookies, you may limit the functionality we can provide you when you visit this Site.This Site may contain links to other web sites. While we try to link only to web sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other web sites.Please contact us if you have any comments or questions about this Privacy Policy or about the information we have collected about you, to correct or update your Personal Information in our records or to report any violations of the Privacy Policy. OEMic will take reasonable steps to comply with the foregoing requests.

9. Jurisdiction and General Issues

Access to and use of this Site is restricted to Canadian residents. OEMic makes no representation that materials in this Site are appropriate or available for use in all locations. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions and your use of this Site shall be construed in accordance with the laws in force in the Province of British Columbia and the federal laws of Canada applicable therein, without reference to any choice of law or conflict of law principles, and without reference to the Conventions on Contracts for the International Sale of Goods. Any dispute arising under these Terms and Conditions shall be resolved exclusively by the courts located in Richmond in the Province of British Columbia. You agree not to bring any legal action against OEMic in any jurisdiction except the Province of British Columbia and you shall submit and consent to such jurisdiction. Any claim or cause of action that you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If any provision of these Terms and Conditions shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. Sections 2 - 9 shall survive any termination of this Agreement as well as any other provisions which by their terms or sense are intended to survive.

10. Links to Third Party Sites

This Site may contain links to third party web sites. Access to any other web site linked to the OEMic site is at your own risk and OEMic is not responsible for the availability, accuracy or reliability of the contents of any linked web site or any link contained in a linked web site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the linked web site by OEMic.

11. Modification or Termination of Service

OEMic reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this Site at any time for any reason without prior notice or liability. OEMic may change, modify, suspend or discontinue all or any aspect of this Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

12. Typo Errors

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, OEMic reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price.

13. Changes to the Terms and Conditions

OEMic reserves the right, at any time, to modify, alter, or update these Terms and Conditions. Upon any change in the Terms and Conditions, OEMic will notify you by posting the changes as a start-up screen prior to your entrance to the Site.If you agree to be bound by the changes, click the "I accept" button that follows the posted changes. If you do not click the "I accept" button, you will not be allowed to access the Site.

14. Acceptance

YOU HEREBY AFFIRM THAT YOU HAVE READ THIS AGREEMENT AND THE PRIVACY POLICY AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH THEREIN BY SELECTING "I accept" BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, SELECT "I decline".

I Accept   I Decline

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