TERMS OF USE
This site is provided as a service to our customers. Please review the following terms and conditions that govern your use of our site. Please note that your use of our site constitutes your unconditional agreement to follow and be bound by these terms and conditions. Although you may "bookmark" a particular portion of this site and thereby bypass this Agreement, your use of this site still binds you to the terms of the Agreement. SEA reserves the right to update or modify the Agreement at any time without prior notice. Your use of the SEA site following any such change constitutes your unconditional agreement to follow and be bound by the Agreement as changed. For this reason, we encourage you to review the terms and conditions of the Agreement whenever you use this site.
COPYRIGHTS AND TRADEMARKS
Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this site (collectively, the "Contents") are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trademarks held by SEA. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of SEA and is also protected by Canadian, U.S. and international copyright laws.
USE OF THIS SITE
This site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the site for your personal use only, and provided that you maintain all copyright and other notices contained on the site or in the Contents. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the site or any related software. All software used on this site is the property of SEA and protected by Canadian, U.S. and international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
SITE SECURITY
Users are prohibited from violating or attempting to violate the security of the site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. SEA will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to SEA on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, the "Comments") shall be and remain the exclusive property of SEA. Such disclosure, submission or offer of any Comments shall constitute an assignment to SEA of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, SEA will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. SEA is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. We welcome your comments regarding the SEA site. However, SEA will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
COLOURS
We have made every effort to display as accurately as possible the colors of our products that appear on the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
PRIVACY
SEA collects the following information from persons who access this site: e-mail address; IP address; time and date of server access; URL requested, HTTP status code, bytes transferred, referrer page, user agent, pages accessed on this site, number of time the site is accessed by a user. This information is used solely by SEA and no other person in order to allow SEA to better understand the nature and quality of the customer service provided by this site, how to improve upon that customer service and to maintain the security of this site. Specifically, the following statistical derivations are made and analyzed by SEA using this information:
1. Site Resources Accessed - most requested pages, least requested pages, top entry pages, top exit pages, single access pages, most accessed directories, top paths through the site, most downloaded files, most downloaded file types, most popular dynamic pages and forms executed by server;
2. Visitors – visitors by number of visits, top visitors, most active countries from which people visit the site, North American locations from which people visit the site, most active cities from which people visit the site, most active organizations from which people visit the site (e.g., .net, .org, .com), organizational breakdown by percent and visitor sessions;
3. Site Activity – by time increment, by day of the week, by hour of the day;
4. Referrers – top referring sites, top referring URL’s, top search engines, top search phrases, top search keywords;
Browsers & Platforms – most used browsers, most used platforms, versions of Microsoft Explorer browsers used to access the site.
Not withstanding the foregoing, the above information may be provided to law enforcement authorities in the event that SEA determines, in its sole, absolute and unfettered discretion, that: 1. a user of this site has attempted or may be attempting to access this site illegally and/or in contravention of the section of this Agreement entitled “Security”; and/or 2. If any illegal activity may in any way be associated with a person who has accessed this site. By accessing this site the user of this site irrevocably consents to the use of his, her or its personal information in the manner set forth above, which consent shall survive the termination of this Agreement.
TERMINATION
These terms are effective unless and until terminated by either you or SEA. You may terminate this Agreement at any time, provided that you discontinue any further use of this site. SEA also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site, if in SEA’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or SEA, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of use or otherwise.
DISCLAIMER
THIS SITE IS PROVIDED BY SEA ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SEA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SEA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE DISPLAYED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SEA WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SEA OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SEA WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SEA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.