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Terms & Conditions

EFFECTIVE: January 1st, 2020

TERMS OF USE

getcanyons.com

Welcome to the website of Canyons Inc. (“Canyons”, also referred to below as “we” and “us”). These Terms of Use (together with any documents referred to in them) (these “Terms of Use”) apply to your use and access of getcanyons.com (the “Website”), and any content, functionality and services offered on or through the Website.

Please read these Terms of Use carefully before you start to use the Website. These Terms of Use constitute a legal contract. By visiting the Website and/or using the Website to make any purchases, you are agreeing to be bound by these Terms of Use and our Privacy Policy, found at getcanyons.com/privacy (the “Privacy Policy”). If you do not want to agree to these Terms of Use or the Privacy Policy, you must exit the Website.

References to “you” in these Terms of Use means any person accessing this Website, whether on your own behalf or on behalf of a legal entity, in which case you agree such legal entity is bound by these Terms of Use and “you” means both you, individually, and the legal entity on whose behalf you have accessed this Website.

We may revise and update these Terms of Use from time to time. Please check this page periodically to take notice of any changes we make, as they are binding on you. You can tell if these Terms of Use have changed or been updated by checking the effective date that appears above. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

We respect the privacy of all of our customers and of all visitors to the Website. For information on what types of information we may collect from you in connection with our Website and our practices with regard to such information, please read our Privacy Policy, found at getcanyons.com/privacy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

1. Accessing the Website and Account Security

The Website is directed at adults. We do not knowingly solicit data from, or market to, children under age 18. If you are under 18, you are not to use this Website.

We reserve the right to withdraw or amend this Website, and any products or services we provide on or through the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

2. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Canyons or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

3. Intellectual Property Rights

Canyons’ name and logo and all related names, logos, product and service names, designs and slogans are trademarks of Canyons or its affiliates or licensors. You must not use such marks without the prior written permission of Canyons. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

The entire contents of the Website (including all information, software, text, displays, images, video and audio) and the design, selection and arrangement thereof, are owned by Canyons or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights.

You are permitted to use the Website for legitimate purposes related to your role as a current or prospective customer or business partner of Canyons. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on the Website without the prior written consent of Canyons, except to: (i) store copies of such materials temporarily in RAM; (ii) store files that are automatically cached by your Web browser for display enhancement purposes; or (iii) print a reasonable number of pages of the Website for a permitted use.

You must not: (i) modify the paper or digital copies of any materials from this site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (iii) delete or alter any copyright, trademark and other proprietary notices appearing on such materials.

You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website without obtaining a license to do so from Canyons or its applicable licensor. If you wish to make any use of material on the Website other than that set out above, please address your request to: talk@getcanyons.com.

If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site are transferred to you, and all rights not expressly granted are reserved by Canyons. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

4. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date, and we are under no obligation to update such material.

5. Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage, without Canyons’ prior written authorization. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

7. Geographic Restrictions

Canyons is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

8. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OR ACCESS TO THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

EXCEPT FOR THOSE WARRANTIES EXPLICITLY CONTAINED HEREIN, WE HEREBY DISCLAIM, TO THE FULLEST EXTENT PROVIDED BY LAW, ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Limitation on Liability

IN NO EVENT WILL CANYONS, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR MANAGERS HAVE ANY LIABILITY UNDER OR RELATING TO YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE FOR LOSS OF PROFITS, REVENUE, OR LOSS OR INACCURACY OF DATA, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCURRED OR SUFFERED BY CUSTOMER OR ANY THIRD PARTY, EVEN IF CANYONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL CANYONS’ AGGREGATE LIABILITY UNDER OR RELATING, DIRECTLY OR INDIRECTLY, TO YOUR USE OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE EXCEED THE REVENUE THAT CANYONS HAS RECEIVED FROM YOU DURING THE PRIOR TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify and hold harmless Canyons, its affiliates, licensors and service providers and their respective officers, directors, managers, members, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms of Use, (b) the breach or inaccuracy of any representation, warranty or covenant made by you in these Terms of Use, and (c) your use of the Website (including, but not limited to, any information that you submit), any Website content, or any product or service offered by Canyons, in each case, other than as expressly authorized in these Terms of Use.

11. Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with New Jersey law without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal or state courts located in New Jersey. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Waiver and Severability

No waiver of these Terms of Use by Canyons shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Canyons to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

13. Entire Agreement

(a) The Terms of Use, (b) our Privacy Policy, and (c) the terms, conditions and policies contained on any Canyons webpage used in connection with the purchase of services from Canyons constitute the sole and entire agreement between you and Canyons with respect to the Website and all services obtained through the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

14. Your Comments and Concerns

This website is operated by Canyons Inc.

Canyons Inc.
2093 Philadelphia Pike #1180
Claymont, DE 19703

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: talk@getcanyons.com.

Thank you for visiting the Website.

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