Terms of Use

TERMS OF USE

Your access or use of this website requires that you acknowledge, and agree to be legally bound by, our Terms of Use.

Registration by you or your company as a user of our website is necessary, including the creation of a unique user account with required fields of information input by the account holder.  Therefore, it is essential that you review the following terms and conditions of use of this website, as all users of this website agree that any use or access of the website is subject to and compliant with our terms and conditions.  You are not permitted to access or use this website if you do not subscribe, agree and adhere to the Terms of Use.

INDIVIDUAL USERS 

You agree that you have read and understood all the terms and conditions of use established by this website, and that you will be bound whether or not you complete registration as a user of the website.

You confirm that you have reached the age of majority where you reside or that you are 18 years of age or older, and have the capacity to enter into a legally binding contract.  

REGISTRATION

By registering as a member on this website, you agree to provide the required fields of information and confirm the accuracy, truthfulness and completeness of the information about you and/or your company.  You confirm that you have the requisite or ostensible authority to act on behalf of any company for which you register or login, and that you will keep the username and password established strictly confidential.  You agree that you or your company are collectively responsible for any actions, information, representations, use, misuse, financial transactions or other conduct taken while your account login is active and that you indemnify and hold harmless this website and its operators, affiliates, agents, principals, shareholders, officers and directors from any and all claims, suits, debts, judgments, demands, or other causes of action in respect of any such matter.  You are responsible for the use of your account and membership, and any consequences arising therefrom.

WEBLINKS

This website permits weblinks: hyperlinks to other websites, including but not limited to online payment processing, shipping, and other such third party providers.  You acknowledge, admit, and agree that by clicking on any such weblink or by accessing external websites, you will continue to be bound by the terms of use of this site where such link pertains to the completion of an order through this website, and that you may also be subject to other terms of use of each individual external website you access irrespective of how you entered that website.

While logged in to any external weblink, their Terms of Use supercede the terms of use of this site, and you agree to be subject to the Terms of Use of the external weblink while engaged in using or accessing their website.  We assume no responsibility for the content or representations made by any other website, including those with hyperlinks on our website, and you expressly agree and confirm that you understand and admit that you will take no action against the owners of this website in respect of any damages that may arise from the use of any external website or provider.  Our company shall not be liable for any injury or damages or economic consequence arising from your use of any external website, including for any information that may be obtained by or transmitted to that external website by your use thereof.

REPRESENTATIONS

The descriptions, specifications, availability, colour, quantity, pricing, and any other descriptive data that accompanies the products and services on our website are subject to change at any time without notice.  All product availability as represented may not be in real-time, and the company reserves the right to notify any potential purchaser of any supply changes without recourse or penalty.  All prices quoted on the website are invitations to treat and may change at any time.  All product pricing quoted in Canadian Dollars.

ERRORS

Where a product or its pricing is listed incorrectly, the website and the company reserve the right to refuse to honour or to otherwise cancel any orders placed at the incorrect price upon notifying the potential purchaser of the error, regardless of any credit card charge or payment processing.  The website confirms and agrees that if payment processing has occurred and there is a charge to your credit card for the purchase at the incorrect price and that order is subsequently not honoured or cancelled at that price, the website shall issue a credit to your account reflecting the amount of the purchase rescinded.

QUALIFIED LIMITED LICENCE AND PROTECTION OF PROPRIETY INTERESTS

All information on this website, including but not limited to copy, owned images, text, animation, banners, artwork, media, owned icons, layout, and collective work (hereinafter "protected work") are the subject of copyright and belong to the owners of this website.  All Rights Reserved.  The owners do not permit the unauthorized use of any information protected by copyright, except as specifically permitted by it in writing.  No protected work may be copied, published, reproduced, distributed, or altered without the express written consent of the owners of this website.  Any licence to the users of this website is qualified, limited, and revocable by the owners of this website and any time with or without notice and with or without cause.

SUBMISSIONS

You agree that you remain solely responsible for the content of any non-private communication you make on this website, and that no submissions to this site will be or contain any unlawful, obscene, abusive, derogatory, or libelous elements.  All user-initiated non-private communication, feedback, suggestions, or other submissions ("Submissions") posted, disclosed, revealed or otherwise submitted or offered to this website by users shall constitute an irrevocable assignment of all worldwide right, title and interest to any such Submissions in favour of this website and its owners and shall become and remain the property of this website and its owners.  Any intellectual property and copyright in any such Submissions, will be assigned irrevocably to this website and its owners.  

The website and its owners are under no duty or obligation to maintain the confidence of any user in respect of Submissions, or to pay any user any compensation in respect of any submissions.  

You confirm that no submissions by you to this website violate any copyright, trademark, personal or propriety right of any third party. 

COPYRIGHT

You agree that your revocable limited licence to use the site permits you to use the site in furtherance of the placing of orders or purchasing products, and uses related thereto only.  While you may display, download, or print portions of the materials on this site for your personal use or in furtherance of making and completing orders on this site only, any other use including the display, transmission, distribution and/or reproduction of any site contents is strictly prohibited without the express written consent of the website and its owners.

You agree that the entire site contents, including but not limited to the copy, images, coding, layout, site assembly and any licences held and used by the owners of this website are considered a "collective work" pursuant to Copyright laws, and this collective work is the sole and exclusive property of the owners of this website.  

Copyright 2012.  ALL RIGHTS RESERVED.

TRADEMARKS

No licence is granted by the owners of this website to the site users in respect of any trademarks, service marks, trade names, or other intellectual property owned by the website or its owners absent the other express limited licenses granted elsewhere in the Terms of Use.  You agree to indemnify and hold this website and its owners, officers, directors, agents and employees, harmless from any claim or demand, including lawyers fees and disbursments, made by any third party due to or arising out of your use of this website or any infringement or violation by you of these terms and conditions.Where any allegation is made in respect of infringement of intellectual property by any user of this site, or the violation of any other right of any person or entity, this website and its owners reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. 

OPERATING LAW

You agree that in respect of the use of this website and the Terms of Use herein that you agree to attorn to the jurisdiction of the laws of the Province of Ontario, Canada, for any matters arising, and that the law courts for any matters must be commenced in the City of Toronto.  In the event that any portion of the terms and conditions is determined by an Ontario court to be invalid, the remaining provisions shall survive intact and remain in full force and effect.

LIMITATIONS

You acknowledge being advised that you have only two (2) years to commence a cause of action arising out of or related to the use of this website according to the statute of limitations in force in the jurisdiction governing these matters.

DISCLAIMER

This website furnishes and provides products, services, information and other materials solely on an "as is" basis, with no warranties or representations whatsoever as to fitness.  All express or implied warranties in respect of merchantability or fitness for a particular purpose, are hereby disclaimed to the fullest extent permitted by the laws of Ontario.

The information contained on this website may contain errors or omissions, may be subject to periods of inactivity, inaccuracy, or interruption.  All users expressly agree that they will not hold the website or its owners accountable, liable or otherwise responsible for any such errors, defects, omissions, or consequential damages or lost profits arising from any use, misuse or reliance on this website.

Any dissatisfaction by a user can be remedied only by a user opting to no longer do business with this website or to cease all activities hereon.

TERM

These Terms of Use constitute an Agreement which remains in effect until it is terminated by the website and its owners.  Users can be denied access to the site at any time, without notice, at the sole discretion of the website without recourse if a user fails to comply with any term or provision of the this Agreement and the Terms of Use constituting it.  Termination of this agreement requires users to destroy all materials downloaded or otherwise obtained from this website, as well as any copies of such materials, whether or not made in accordance with the Terms of Use, as the termination of the Agreement voids and ends any licences obtained by the User to the content of this website.