SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service,
you represent that you are at least the age of majority in your state or
province of residence, or that you are the age of majority in your state or
province of residence and you have given us your consent to allow any of your
minor dependents to use this site.
You may not use our products for any
illegal or unauthorized purpose nor may you, in the use of the Service, violate
any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or
viruses or any code of a destructive nature.
A breach or violation of any of the
Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service
to anyone for any reason at any time.
You understand that your content (not
including credit card information), may be transferred unencrypted and involve
(a) transmissions over various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate,
copy, sell, resell or exploit any portion of the Service, use of the Service,
or access to the Service or any contact on the website through which the
service is provided, without express written permission by us.
The headings used in this agreement are
included for convenience only and will not limit or otherwise affect these
Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND
TIMELINESS OF INFORMATION
We are not responsible if information
made available on this site is not accurate, complete or current. The material
on this site is provided for general information only and should not be relied
upon or used as the sole basis for making decisions without consulting primary,
more accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.
This site may contain certain
historical information. Historical information, necessarily, is not current and
is provided for your reference only. We reserve the right to modify the
contents of this site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to monitor
changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to
change without notice. We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof) without notice at any
time. We shall not be liable to you or to any third-party for any modification,
price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if
applicable)
Certain products or services may be
available exclusively online through the website. These products or services
may have limited quantities and are subject to return or exchange only
according to our Return Policy. We have made every effort to display as
accurately as possible the colours and images of our products that appear at
the store. We cannot guarantee that your computer monitor's display of any
colour will be accurate.
We reserve the right but are not
obligated, to limit the sales of our products or Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any products or services
that we offer. All descriptions of products or product pricing are subject to
change at any time without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product or
service made on this site is void where prohibited.
We do not warrant that the quality of
any products, services, information, or other material purchased or obtained by
you will meet your expectations, or that any errors in the Service will be
corrected.
SECTION 6 - ACCURACY OF BILLING AND
ACCOUNT INFORMATION
We reserve the right to refuse any
order you place with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order. These restrictions
may include orders placed by or under the same customer account, the same
credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to
notify you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors. You agree to provide current, complete and accurate
purchase and account information for all purchases made at our store. You agree
to promptly update your account and other information, including your email
address and credit card numbers and expiration dates so that we can complete
your transactions and contact you as needed. For more detail, please review our
Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We
may provide you with access to third-party tools over which we neither monitor
nor have any control nor input. You acknowledge and agree that we provide
access to such tools ”as is” and “as available” without any warranties,
representations or conditions of any kind and without any endorsement. We shall
have no liability whatsoever arising from or relating to your use of optional
third-party tools. Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided by the
relevant third-party provider(s). We may also, in the future, offer new
services and/or features through the website (including, the release
of new tools and resources). Such new features and/or services shall also be
subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services
available via our Service may include materials from third-parties. Third-party
links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties. We are not liable for any
harm or damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection with any third-party
websites. Please review carefully the third-party's policies and practices and
make sure you understand them before you engage in any transaction. Complaints,
claims, concerns, or questions regarding third-party products should be
directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND
OTHER SUBMISSIONS
If, at our request, you send certain
specific submissions (for example contest entries) or without a request from us
you send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction, edit,
copy, publish, distribute, translate and otherwise use in any medium any comments
that you forward to us. We are and shall be under no obligation (1) to maintain
any comments in confidence; (2) to pay compensation for any comments; or
(3) to respond to any comments.
We may, but have no obligation to,
monitor, edit or remove content that we determine in our sole discretion are
unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s intellectual
property or these Terms of Service.
You agree that your comments will not
violate any right of any third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that could in
any way affect the operation of the Service or any related website. You may not
use a false e-mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any comments. You are
solely responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information
through the store is governed by our Privacy Policy. To view our Privacy
Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information
on our site or in the Service that contains typographical errors, inaccuracies
or omissions that may relate to product descriptions, pricing, promotions,
offers, product shipping charges, transit times and availability. We reserve
the right to correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information in the Service
or on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as
set forth in the Terms of Service, you are prohibited from using the site or
its content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to
infringe upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit
false or misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent the
security features of the Service or any related website, other websites, or the
Internet. We reserve the right to terminate your use of the Service or any
related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY
We do not guarantee, represent or
warrant that your use of our service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the results that
may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may
remove the service for indefinite periods of time or cancel the service at any
time, without notice to you.
You expressly agree that your use of,
or inability to use, the service is at your sole risk. The service and all
products and services delivered to you through the service are (except as
expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of any kind, either
express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Persis Craft, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless
Persis Craft and our parent, subsidiaries, affiliates, partners, officers,
directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising out of
your breach of these Terms of Service or the documents they incorporate by
reference or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of
these Terms of Service is determined to be unlawful, void or unenforceable,
such provision shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms of Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the
parties incurred prior to the termination date shall survive the termination of
this agreement for all purposes.
These Terms of Service are effective
unless and until terminated by either you or us. You may terminate these Terms
of Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right
or provision of these Terms of Service shall not constitute a waiver of such
right or provision.
These Terms of Service and any policies
or operating rules posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you and us and
govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - CHANGES TO TERMS OF
SERVICE
You can review the most current version
of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@classyshop.ca