Théberge Design provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any Théberge Design service you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Théberge Design reserves the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, Théberge Design hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Théberge Design in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Théberge Design in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Théberge Design in advance. Théberge Design reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Théberge Design believes that customer conduct violates applicable law or is harmful to Théberge Design interests.
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Théberge Design or its Content suppliers. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Théberge Design. All software used on this Site (the "Software") is the property of Théberge Design or its Software suppliers. The Content, the Compilation and the Software are all protected by international copyright laws.
The use of any Théberge Design logo without Théberge Designs' express written consent is strictly prohibited. You may not use any Théberge Design expression in connection with any non-Théberge Design product or service or in any way that is likely to cause confusion. You may not use Théberge Designs' logo or service in any manner that disparages or discredits Théberge Design.
The risk of loss and title for items purchased by you pass to you upon Théberge Designs' delivery of the items to the carrier pursuant to Théberge Designs' standard terms of sale.
This Site may be accessed from countries other than Canada and the United States. This Site may contain products or references to products that are not available outside Canada. Any such references do not imply that such products will be made available outside Canada. If you access and use this Site you are responsible for complying with your local laws and regulations.
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY Théberge Design ON AN "AS IS" BASIS. Théberge Design MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Théberge Design DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. Théberge Design DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Théberge Design WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Théberge DesignS' TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO Théberge Design DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO Théberge DesignS' LIABILITY.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Théberge Design shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Théberge Design shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Théberge Design shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Théberge Design is not responsible for the operation of or content located on or through any such site.
You agree that Théberge Designs' remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Théberge Design shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Théberge Design may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Théberge Design shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Théberge Design of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
This site is created and controlled by Théberge Design in the province of Alberta, Canada. As such, the laws of the province Alberta will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
33 Glebemount Ave
Toronto ON, M4C 3R5
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