Legal

Terms of Use:

Welcome to the Ogawa Canada site. By using the Ogawa Canada Web site you agree to be bound by its legal notices (explained below), terms of use, shipping/returns/cancellation policies, privacy policy and all disclaimers and terms and conditions that appear elsewhere on the Ogawa Canada Web site. References to Ogawa Canada herein refer to Ogawa Canada, or their affiliates, subsidiaries and designees as deemed appropriate by Ogawa Canada. Ogawa Canada reserves the right to make changes to its Legal Notices and Conditions of Use at any time. Each time you use the Ogawa Canada Web site, you should visit and review the then current Legal Notices and Terms of Use that apply to your use of this site and any transactions made while on the site. If you are dissatisfied with, its content or Legal Notices and Terms of Use, you agree that your sole and exclusive remedy is to discontinue using the Ogawa Canada Web site. Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited. Please read the following terms and conditions of use carefully before using this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright:

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canadian and other copyright laws, and is the property of Ogawa Canada. The collective work includes works that are licensed to Ogawa Canada. Copyright 2003, Ogawa Canada all rights reserved.  Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Ogawa Canada or purchasing Ogawa Canada products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Ogawa Canada or to purchase Ogawa Canada products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Ogawa Canada. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks:

All trademarks, service marks and trade names of Ogawa Canada used in the site are trademarks or registered trademarks of Ogawa Canada

Warranty Disclaimer:

Ogawa Canada intends for the information and data contained in the Site or provided via other channels, including but not limited to phone and email, to be accurate and reliable, however, since the information and data have been compiled from a variety of sources, it is provided “AS IS.” You expressly agree that your use of this site is at your sole risk. Ogawa Canada expressly disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by the this site, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement.

Limitation of Liability:

Ogawa Canada shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Ogawa Canada has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors:

In the event that a Ogawa Canada product is mistakenly listed at an incorrect price, Ogawa Canada reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Ogawa Canada reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Ogawa Canada shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination:

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Ogawa Canada without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice:

Ogawa Canada may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Ogawa Canada.

Miscellaneous:

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Ogawa Canada products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Ogawa Canada products) must be commenced within one (1) year after the claim or cause of action arises. Ogawa Canada’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Ogawa Canada may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site:

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Ogawa Canada or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer:

Ogawa Canada does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Ogawa Canada is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Ogawa Canada reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Ogawa Canada in its sole discretion.  

Indemnification:

You agree to indemnify, defend, and hold harmless Ogawa Canada, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.  

Third-Party Links:

In an attempt to provide increased value to our visitors, Ogawa Canada may link to sites operated by third parties. However, even if the third party is affiliated with Ogawa Canada, Ogawa Canada has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Ogawa Canada. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Ogawa Canada seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).