Terms of Service

these Terms of Use apply to the sheertex.com web site (the "Website").

ACCEPTANCE OF TERMS OF USE

BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS

OWNERSHIP OF WEBSITE

All right, title and interest in the Website is owned by or licensed by Sheerly Genius Inc. ("Sheerly Genius") The materials provided on the Website including, without limitation, all content, site design, text, graphics, images are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials is strictly prohibited.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, or sell any information or services obtained from the Website without the express written consent of Sheerly Genius, which consent shall be at Sheerly Genius's sole discretion.

MODIFICATION OF THE TERMS OF USE

Sheerly Genius reserves the right to amend these Terms of Use at any time by posting the amended terms on the Website, which posting shall constitute notice to you. All amended terms shall be effective immediately upon such notice.

DISCLAIMER OF WARRANTIES

Your use of the Website and services available on or through the Website is at your own risk. The Website is provided on an "as is" and "as available" basis.

Sheerly Genius takes reasonable steps to protect information from unauthorized access, collection, use, disclosure, copying, modification or disposal in a manner commensurate with its sensitivity, value and criticality. However, Sheerly Genius, its affiliates, agents and licensors cannot and do not warrant that the Website will be uninterrupted, secure, error free, accurate, complete or current. Nor does Sheerly Genius make any warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained, through the Website.

Any material and/or data uploaded, downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. Sheerly Genius does not warrant or guarantee that such materials are free of viruses or other destructive code that may damage or infect your computer equipment or other property. You will be solely responsible for any damage to your computer system or loss of data that results from uploading and/or downloading such material and/or data.

LIMITATION OF LIABILITY

In no event shall Sheerly Genius be liable for any direct, indirect, punitive, incidental, special, consequential or any damages whatsoever, including, without limitation, damages for loss of use, data or profit, arising out of or in any way connected with the use or performance of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Sheerly Genius had been advised of the possibility of damages.

Some jurisdictions do not allow limitations of liability, so this limitation of liability may not apply to you.

UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you warrant to Sheerly Genius that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.

You agree not to upload or otherwise transmit through the Website any unlawful, harassing, false, misleading, libellous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature. You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website.

You agree not to upload or otherwise transmit to or through the Website any material that: (a) infringes on any rights of third parties; and/or (b) contains any virus or other harmful code that may change or disrupt the Website or any other user's equipment or software.

LINKS TO OTHER SITES

The Website may contain links to other websites ("Linked Sites") operated by parties other than Sheerly Genius. Such Linked Sites are not under the control of Sheerly Genius and Sheerly Genius is not responsible for the contents of any Linked Site. Sheerly Genius is providing you with a link to the Linked Sites as a convenience and the inclusion of any such link does not imply endorsement by Sheerly Genius of the Linked Site or any association with its operators.

NOTICE

Any notices may be given to you by any means including, but not limited to: (a) email; (b) notices or messages posted on the Website; or (c) any other means by which you obtain notice thereof.

INDEMNIFICATION

You agree to indemnify and hold Sheerly Genius, its subsidiaries, affiliates, directors, officers and employees, harmless from all claims, liabilities, damages, losses, including reasonable legal fees and expenses, due to or arising out of your use of the Website or your breach of these Terms of Use.

TERMINATION

Either you or Sheerly Genius may terminate this relationship with or without cause at any time.

You agree that Sheerly Genius may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities.

Should you object to the Terms of Use or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue your use of the Website.

Sheerly Genius shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.

APPLICABLE LAW AND GOVERNING LAW

You agree to comply with all applicable laws and regulations. These Terms of Use and all related transactions shall be governed by the laws of the Province of Ontario and the applicable laws of Canada. The parties hereby agree to the exclusive jurisdiction of the courts of the Province of Ontario and that all court proceedings and hearings will be in English.

Severability

In case any of the provisions of these Terms of Use shall for any reason be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and these Terms of Use shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

Benefit of the Agreement

These Terms of Use are binding upon and shall enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder without Sheerly Genius's prior written consent, which consent shall be at Sheerly Genius's sole discretion.

Effective Date

These Terms of Use are effective as of October 30, 2017. Sheerly Genius reserves the right to change these Terms of Use at any time by notifying you of the existence of new Terms. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Website, or by any other means by which you obtain notice thereof. Your continued use of the Website after such modifications will constitute your: (a) acknowledgment of the modified Terms of Use; and (b) agreement to abide and be bound by the modified Terms of Use.