LAST UPDATED – November 2016
YOUR ACCESS OR USE OF THE WEB SITE INDICATES YOUR (I) ACCEPTANCE OF THE TERMS, AND (II) ACKNOWLEDGEMENT THAT THE INFORMATION YOU PROVIDE EITHER DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE WILL BE MANAGED IN ACCORDANCE WITH THE PRIVACY STATEMENT LOCATED AT http://www.comfortcolors.com/ca/privacy-policy.html (the "Privacy Statement"). Each time you access or use the Website, you accept these Terms and any additional terms that will apply to you. If you do not agree with any of the Terms, do not use the Website.
Personal Information. The Privacy Statement governs the collection, use, and disclosure of personal information gathered on or through the Website, including, but not limited to, the personal information you provide while establishing an account, purchasing products and accessing and using the Website.
The Website is considered a general audience site and is not intended to be used by children to access the Website or purchase products. If you are under 18, you may use the Website only with the involvement of a parent or legal guardian.
The Website is considered a general audience site and is not intended to be used by children or teenagers to access the Website or purchase products. If you are under 18, you may use the Website only with the involvement of a parent or legal guardian.
Your use of the Website constitutes your agreement and consent that we may communicate with you electronically for all purposes, which includes all legal and notice requirements. Such electronic communications may take the form of postings to the Website or e-mails to the e-mail address you provide when you register on the Website. You may withdraw your consent to receive electronic communication at any time, but if you withdraw your consent, it will only be effective prospectively.
You must ensure that your access to the Website is legal in each jurisdiction in or through which you access, view or otherwise use the Website or Materials.
Definitions. The following terms have the definitions set forth below:
"Material" means all text, graphical, audio, video, software, information, data, and other content available, displayed, or accessible on or through the Website.
"Site Owner Parties" means Site Owner and its affiliates, licensors, vendors, retail partners, and any other party involved in the creation, operation, production or transmission of this Web Site and their respective officers, directors, employees, representatives, and agents, successors, and assigns.
Your Information, Registration, and User Accounts. You are not required to establish an account in order to access the Website. However, in order to access some of the resources the Website has to offer and to make purchases, you may be required to be or become a registered user. To establish a Website account, you may be asked to provide registration details, which you agree to input, update, and maintain accurately and completely if you become and so long as you are a registered user. You represent and warrant that you are authorized to provide all the information you provide upon registration for your Website account. It is a condition of use of the Website that all the details you provide be correct, current, and complete. If Site Owner believes, in its sole discretion, that the details are not true, correct, current, or complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account.
During the registration process, you may be asked to select a username and password. Site Owner, in its sole discretion, may refuse to grant you for any reason a username, including, by way of example only, any username that personally identifies you, belongs to or is being used by another person, impersonates someone else, is or may be illegal, is or maybe protected by trademark or other proprietary laws, violates intellectual property or other rights of any person, is vulgar or otherwise offensive, or may cause confusion. You will not transfer or resell your use of or access to the Website to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD, AND FOR USE OF YOUR USERNAME AND PASSWORD, AND FOR ANY AND ALL ACTIVITIES (INCLUDING, WITHOUT LIMITATION, PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. SITE OWNER IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THE FOREGOING OBLIGATIONS.
Use. In using the Website you agree not to:
- disrupt or interfere with the security of, or otherwise abuse, the Website or any Material, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or any Material, or affiliated or linked websites;
- access, tamper with, or use non-public areas of the Website, and you acknowledge that unauthorized individuals attempting to access these areas of the Website may be subject to prosecution;
- frame the Website within another website or webpage; or
- a. use a manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website.Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other intellectual property, proprietary, or industrial right of Site Owner or any of its affiliates, or any licensors of any of the foregoing.
Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other intellectual property, proprietary, or industrial right of Site Owner or any of its affiliates, or any licensors of any of the foregoing.
Exclusion of Warranties. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. Site Owner makes no representations or warranties regarding the condition of or access, function, and performance of the Website, or the suitability, accuracy, reliability, completeness, currency, quality, timeliness or usefulness of any of the foregoing, or that use of the foregoing will be uninterrupted or error-free.
Site Owner does not represent or warrant that the Website, the Material, or the information or materials, or any other software, accessed from or through the Website, will be uninterrupted or free of errors, defects, viruses, or other harmful components, or that any such problems which are discovered will be corrected. Site Owner is not responsible for any reliance you may place, in whole or in part, on the Website, the Material, and any such use or reliance is at your sole risk. THE WEBSITE, TOOLS, MATERIAL AND ALL MATERIAL OR INFORMATION ON THIS WEBSITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND. SITE OWNER DISCLAIMS ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM INFRINGEMENT. TO THE FULL EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL SITE OWNER OR ANY OF ITS AFFILIATES, OR ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER RELATING IN ANY WAY TO YOUR USE OF OR RELIANCE ON THIS WEBSITE (OR ANY CONTENT THEREOF OR THEREIN), OR ANY MATERIAL, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These exclusions are in addition to any specific exclusion otherwise provided in the Terms. To the extent that the jurisdiction to which you are subject to does not allow exclusion of certain warranties, such exclusions which are not permitted do not apply.
Limitation of Liability.TO THE FULLEST EXTENT PERMITTED BY LAW, SITE OWNER WILL NOT BE LIABLE UNDER ANY THEORY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE (INCLUDING LOST PROFITS), ARISING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY RELEASEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY RELEASEE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE LIABILITY OF THE SITE OWNER PARTIES FOR ANY DAMAGES (DIRECT OR OTHERWISE), PENALTIES, OR LOSS ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEB SITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EXTRA-CONTRACTUAL LIABILITY, DELICT, OR OTHERWISE OF ANY TYPE EXCEED ONE HUNDRED DOLLARS (USD $100). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU.
Without limitation and notwithstanding anything to the contrary, the Site Owner Parties shall not be responsible for and shall not be liable to you or to any third parties for any claims, losses, costs, expenses, damages, lost profits, business interruption, loss of programs or other data on your information handling system, or otherwise arising out of or in connection with:
- failure to perform, delays, interruptions, communication line or system failures including communication malfunctions that affect the transmission, accuracy or timeliness of information, materials, messages, or instructions between you and the Site Owner, or which prevent information, materials, messages or instructions from being transmitted in whole or in part between you and the Site Owner;
- your inability to access, at any time, any part of the Website or any Materials provided on it;
- interception, loss or disclosure of confidential or sensitive information transmitted over the Internet, including personal information;
- lack of suitability, reliability, timeliness or availability of the Website, Material, or products or services offered on the Website; or
- the Site Owner’s failure to take corrective measures.
Your sole and exclusive remedy is to discontinue using and accessing the Website.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity. You agree to defend, indemnify, and hold harmless the Site Owner Parties, from, and waive and release all Site Owner Parties from all Claims incurred or suffered by any release arising out of or based on any claim or threatened claim based on (a) your use of or access to the Website, or that of or any other person to whom you have provided access to your computer system, (b) your use of the any of the Material, (c) your violation or breach of any of the Terms, including, but not limited to, any unauthorized use of any of the Material, or (d) your violation of any intellectual property rights of any Site Owner Party or any third party.
Ownership and Confidentiality. Except as otherwise expressly noted, Site Owner or its providers (as applicable) own all right, title and interest in and to all Material, and the Website (including, but not limited, the selection, arrangement and organization of any part or content of the Website) (collectively, the "Intellectual Property"), and all copyright, trademark, service mark, trade dress, and other intellectual property and proprietary rights, rights of publicity and rights of privacy in or relating to any of the foregoing. Site Owner does not represent or warrant that such materials do not infringe the rights of any other person or entity. Trademarks, logos, and service marks (collectively, "Marks") displayed on the Website are registered or unregistered Marks of Site Owner, its affiliates or its licensors, and may not be used without written authorization or license of the owner of such Marks. Without the express written consent of Site Owner in each instance, you may not reproduce, republish, download, upload, post, display, perform, frame, transmit, distributed, modify, or use, in whole or in part, whether in text, graphical, audio, video, executable, or other form except as expressly permitted by these Terms. Any other access to the Website or use of Material is strictly forbidden without the prior written consent of the Site Owner. Any information or material contained on the Website which may be reproduced pursuant to these terms must bear the proprietary rights notices which originally appear on or in conjunction with such information or materials. The use of tools should be made according to the Terms. The use of tools for purposes other than your use and information from the Website, as well as any reproduction of tools from the Website, are prohibited without the prior written authorization of the Site Owner.
Risks related to the Internet. Complete confidentiality and security is not possible over the Internet. Use of the Internet and communications over the Internet are subject to possible interception, loss, and alteration. Therefore, you should not communicate any personal information to the Site Owner by email, unless adequate security measures are in place in order to ensure the security of the transmission. The Site Owner, its affiliates and their respective agents, administrators and employees will not be liable in any manner whatsoever, to you or any third parties, for any damage as a result of information transmitted by email to the Site Owner. You assume all risks related to such communications.
Software. Except for software expressly identified as being owned by the Site Owner, any software available for downloading through the Website is provided by third party software vendors pursuant to license agreements or other arrangements between such vendors and end-users. The Site Owner does not sell, resell, license, or sub-license any such software on its Website, and the Site Owner disclaims any responsibility or liability related to the software. Any questions, complaints, or claims related to the software should be directed to the appropriate vendor. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software downloaded through the Website. In the event of any express inconsistency between these terms and those contained in any license agreement with a software vendor, the Terms (i.e., the terms contained herein) are paramount.
Hyperlinks. This Website may contain hyperlinks and references to other websites. Such hyperlinks and references are provided to you as a convenience only. The Site Owner has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such hyperlinks, 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 hyperlinks from other websites to the Website, except if expressly permitted by the Site Owner. To obtain permission, contact Customer Service at 1-800-881-4940 or firstname.lastname@example.org.
Damage to Others. It is forbidden to introduce into or through the Website any information or materials which may be deemed 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.
Liability for Computer System. You will at all times remain liable for all damages caused by your computer system as a result of (i) the connection, configuration, or compatibility of the different components of your computer system, (ii) your use of any material on any website, including, without limitation, use of the Material, (iii) your access to any website, including, without limitation, the Website or Materials, or (iv) your downloading of data, content, software and/or viruses.
The Site Owner, its affiliates and their respective agents, administrators and employees do not assume any liability whatsoever for any unauthorized access to your computer system by hackers or the quality, reliability, compatibility or speed of services rendered by your Internet service provider.
Termination. The Site Owner, in its sole discretion, may terminate or suspend your use of the Website and Material at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of the Material. Accessing the Website after such termination, suspension, or discontinuation shall constitute an act of trespass. Further, you agree that Site Owner shall not be liable to you or any third party for any termination or suspension of your access to the Website.
Investigations. Site Owner reserves the right to investigate suspected violations of these Terms. Site Owner may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Site Owner may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Site Owner believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting, or upload, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. Site Owner will fully cooperate with any law enforcement authorities or court order requesting or directing Site Owner to disclose the identity of anyone publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL SITE OWNER PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY SITE OWNER PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS, OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A RELEASEE OR LAW ENFORCEMENT AUTHORITIES.
Reservation of Rights. All rights not expressly granted in these terms are reserved by the Site Owner. 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 Site Owner or any other person or entity.
Governing Law. These Terms shall be governed by the laws of the State of Delaware, without regards to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any state or federal court located in the State of Delaware, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Jurisdiction. This Website is intended for use in the United States. The Site Owner makes no representation that materials on the Website are appropriate or available for use in other locations. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country in which you reside. You may not use, export, or re-export the products or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States or Canadian export laws and regulations.
Severability. If any provision hereof is held illegal, invalid or unenforceable by any competent authority in any jurisdiction, such illegality, invalidity or unenforceability shall not in any manner affect or render illegal, invalid or unenforceable such provision in any other jurisdiction or any other provision hereof in any jurisdiction.
Survival. These Terms apply while you are accessing the Website and remain in effect thereafter, subject to sections 13 and 19. In the event that the Website is no longer accessible to you, the provisions set out in sections 2, 3, 4 and 10 through 27 of these terms and conditions shall survive thereafter.