Confidentiality and Electronic Communications
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. AK-West Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
When you visit AK-West Inc. or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright, License, and Site Access
AK-West Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AK-West Inc.. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AK-West Inc.. You may not frame or utilize framing techniques to enclose any logo or other proprietary information (including images, text, page layout, or form) of AK-West Inc. without express written consent. You may not use any meta tags or any other "hidden text" utilizing the name AK-West Inc. without the express written consent of AK-West Inc.. Any unauthorized use terminates the permission or license granted by AK-West Inc.. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of AK-West Inc. so long as the link does not portray AK-West Inc. or our products/services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AK-West Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.
Making Claims of Copyright Infringement
If you do post content or submit material, and unless we indicate otherwise, you grant AK-West Inc. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AK-West Inc. for all claims resulting from content you supply. AK-West Inc. has the right but not the obligation to monitor and edit or remove any activity or content. AK-West Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.
Descriptions, Pricing, and Purchases
Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
All items purchased from AK-West Inc. 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.
Warranties and Liability Limitations
To the full extent permissible by applicable law, AK-West Inc. disclaims all warranties, express or implied, including, but no limited to, implied warranties of merchantability and fitness for a particular purpose. AK-West Inc. does not warrant that this site, its servers, or email sent from AK-West Inc. are free of viruses or other harmful components. AK-West Inc. will not be liable for any damages of any kind arising from the use of this site or products purchased, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain provicial and state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. Applicable Law and Dispute Resolution
By visiting AK-West Inc., you agree that the laws of the province of Ontario, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and AK-West Inc..
Any dispute relating in any way to your visit to AK-West Inc. or to products you purchase through AK-West Inc. shall be submitted to confidential arbitration in Portland, Oregon, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of AK-West Inc., AK-West Inc. may seek injunctive or other appropriate relief in any state or federal court in the province of Ontario, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Policies, Modification, and Severability
Please review our other policies. These policies also govern your visit to AK-West Inc.. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.