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THYMEMATERNITY.COM WEBSITE
1. USE OF THIS WEBSITE This THYMEMATERNITY.COM website (hereinafter, the “Website”) is owned and operated by Reitmans (Canada) Limited (“Company”), for your personal and non-commercial use and information. Your use of this Website is subject to the following terms and conditions of use (“Terms”) and all applicable laws. By accessing and browsing the Website, you accept, without limitation or qualification, these Terms. You are responsible to ensure that your access to the Website and material available on or through it are legal in each jurisdiction in or through which you access or view the Website or such material. If you do not agree with any of the Terms, please do not use this Website. The Company reserves the right to change, modify, alter or otherwise update the Terms applicable to the Website without prior written notice at any time, and from time to time, at the Company’s sole discretion. We will notify you of any such changes, modifications, alterations or updates to the Website by posting notice of same on the Website. Following the posting of any such notice, your continued use of the Website will constitute your acceptance of the new terms and other policies, as modified, and you will be bound by said new terms and policies. 2. PRIVACY Our privacy practices respecting the information we collect during your visit to the Website are explained in our Privacy Policy the terms of which are hereby incorporated herein by reference. Your continued use of the Website implies that you acknowledge that you have read our Privacy Policy and agree to its terms, and that you consent to the use of your personal information by the Company in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time. 3. NO USE BY MINORS This Website is intended for use by adults only. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use the Website on your behalf and you should not use the Website on your own or provide any personal information to the Company. The Company does not knowingly collect information from children under the age of 13. 4. PRODUCT PRICING AND INFORMATION All product prices are quoted in Canadian dollars. Although the Company strives to provide accurate product and pricing information, errors may occur. The Company does not warrant that product price or descriptions or other content of the Website are accurate, complete, reliable, current or error-free. The Company reserves the right to correct any errors in pricing or product information and to modify the prices of products, at any time, without prior notice. THIS WEBSITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE. 5. CONSENT TO USE ELECTRONIC DOCUMENTS You hereby consent to the exchange of information and documents between you and the Company over the Internet or by e-mail, and you agree that these Terms shall be the equivalent of an original written paper agreement between us. You further 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. 6. EXCLUSION AND DISCLAIMER OF WARRANTIES THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THIS WEBSITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL ACCESSED FROM OR THROUGH THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS WEBSITE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, THIS WEBSITE AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” BASIS AND THE COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION; OR (iii) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS. BECAUSE CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. 7. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR INFORMATION PROVIDED THROUGH THIS WEBSITE, THE PRODUCTS, OR THE TRANSACTIONS CONDUCTED ON OR FROM ANY COMPANY WEBSITE, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, THE COMPANY’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY. IF, DESPITE THE LIMITATIONS ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THIS WEBSITE, IN NO CASE WILL THE COMPANY’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN CDN$100 PER CLAIM. IF YOU ARE DISSATISFIED WITH THESE TERMS OR THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS WEBSITE. CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY 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. FOR THE PURPOSES OF THIS SECTION, “THE COMPANY” SHALL INCLUDE THE COMPANY’S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS AND THIRD-PARTY SUPPLIERS. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT. 8. COPYRIGHTS AND TRADEMARKS Material on this Website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by the Company, and the Company does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on the Website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on the Website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of the Company. Trademarks, logos and service marks (collectively, “Marks”) displayed on the Website are registered or unregistered Marks of the Company or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in the Website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act. Notwithstanding the foregoing, the Company authorizes you to make one electronic or paper copy of the information posted on any page of the Website provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on the Website. This license does not include any resale of the Website or its contents; any collection of product listings, descriptions or prices; any other derivative use of the Website or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on the Website or any trademark, logo or other proprietary information (including images, text, page layout, or form) of the Company without express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use of the Website and/or its contents terminates the permission or license granted by the Company. Except as otherwise may be expressly provided herein, nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of the Company or any other person or entity. 9. CONFIDENTIALITY OF THE INFORMATION TRANSMITTED Other than your account information and your information needed to process orders, the Company does not wish to receive confidential, secret or proprietary information or material from you through the Website or other means. You acknowledge that information or material which you provide electronically through your access to or usage of the Website, including but not limited to, your ideas, suggestions, comments and other feedback regarding your use of the Website or the products, is not, except as may be required under applicable law or pursuant to the Company’s privacy policy, secret, confidential or proprietary. You consent to the Company using any such information or material provided, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of the Company or the disclosure of your identity, in accordance with the Company Privacy Policy. Furthermore, you acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You also represent and warrant that any and all such information or material which you provide to the Company, whether provided by you electronically by accessing or using the Website or otherwise, and the Company’s use of this information and material so provided as permitted in these Terms, does not infringe the rights of any other person or entity. 10. SURVEILLANCE The Company may monitor the access to the Website and other activities in relation to the Website and may intervene in this regard. However, the Company makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if the Company ever decides to do it. 11. LINKS TO OTHER WEBSITES Links and references to other websites are provided to you as a convenience only. The Company has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this Website, except if expressly permitted by the Company. (To obtain permission, contact our Website administrator at webmasters@thymematernity.com) 12. DAMAGE TO OTHERS You agree not to introduce into or through the Website or any other Company website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity. 13. MODIFICATION OF WEBSITE; RESERVATION OF RIGHTS Company may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue the Website or any aspect of it, and Company will not be liable to you or any third party for doing so. Company may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice or liability. All rights not expressly granted in these Terms are reserved to the Company. 14. ENUREMENT These Terms shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns. 15. GOVERNING LAW The Website is controlled and operated by the Company from Montreal, Quebec, Canada and the Terms, the Website, any use of the Website and any transaction conducted on or from it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws. 16. DISPUTE RESOLUTION You acknowledge and agree that any dispute that may arise between you and the Company in respect of these Terms and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the province of Quebec and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts. 17. SEVERABILITY If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. 18. JURISDICTION The Website is controlled and operated by the Company from Montreal, Quebec, Canada. The Company makes no representation that materials, information or products provided on or through the Website are appropriate or available for use in other locations or jurisdictions. Those who choose to access the Website from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 19. COOKIES The Company may use “cookies” to track your preferences and activities on the Website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences making your subsequent visits to the website more efficient. Cookies may store a variety of information, including, the number of times that you access a website, your registration information and the number of times that you view a particular page or other item on the website. The use of cookies is a common practice adopted by most major websites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the Website’s functions will not be available, and the user will lose some of the benefits of the Website. 20. NO ASSIGNMENT You may not assign your rights or obligations herein without the express written consent of the Company. 21. TERMINATION The Company reserves the right, at its sole discretion, to terminate your access to all or any part of this Website, with or without notice. 22. HEADINGS The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein. 23. LANGUAGE These Terms and any supporting or ancillary documents are drafted solely in English. A French version of these Terms is available at Modalités d’utilisation du site Web et conditions de vente. Last updated: November, 2008 Back to www.Thymematernity.com |