Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Castle & Cooper, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your www.castlecooper.ca Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Castle & Cooper may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Castle & Cooper liability. You must immediately notify Castle & Cooper of any unauthorized uses of your blog, your account or any other breaches of security. Castle & Cooper will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Payment. All prices on this Website are subject to change without notice. While we make every effort to provide you the most accurate, up-to-date information, occasionally, one or more items on our Website may be mis-priced. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, Castle & Cooper Inc. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and web-pages to which www.castlecooper.ca links, and that link to www.castlecooper.ca. Castle & Cooper does not have any control over those non-Castle & Cooper Websites and web-pages and is not responsible for their contents or their use. By linking to a non-Castle & Cooper Website or webpage, Castle & Cooper does not represent or imply that it endorses such Website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Castle & Cooper disclaims any responsibility for any harm resulting from your use of non-Castle & Cooper Websites and web-pages.
- Copyright Infringement and DMCA Policy. As Castle & Cooper asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.castlecooper.ca violates your copyright, you are encouraged to notify Castle & Cooper in accordance with Castle & Cooper’s Digital Millennium Copyright Act (“DMCA”) Policy. Castle & Cooper will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Castle & Cooper will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Castle & Cooper or others. In the case of such termination, Castle & Cooper will have no obligation to provide a refund of any amounts previously paid to Castle & Cooper.
- Intellectual Property. This Agreement does not transfer from Castle & Cooper to you any Castle & Cooper or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Castle & Cooper. Castle & Cooper, www.castlecooper.ca, the www.castlecooper.ca logo, and all other trademarks, service marks, graphics and logos used in connection with www.castlecooper.ca, or the Website are trademarks or registered trademarks of Castle & Cooper or Castle & Cooper’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Castle & Cooper or third-party trademarks.
- Changes. Castle & Cooper reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Castle & Cooper 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 be subject to the terms and conditions of this Agreement.
- Termination. Castle & Cooper may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.castlecooper.ca account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Castle & Cooper and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Castle & Cooper nor its suppliers and licensors make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Castle & Cooper, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Castle & Cooper under this agreement during the twelve (12) month period prior to the cause of action. Castle & Cooper shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Castle & Cooper, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Castle & Cooper and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Castle & Cooper, or by the posting by Castle & Cooper of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kitchener, Ontario. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Kitchener, Ontario, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Castle & Cooper may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.