Terms of Use
Your use of our website and all content and services available thereon are offered
to you on your acceptance of these Terms of Use, our Privacy Policy and other
notices posted on this website. Your use of this website, or of any content
or services presented in any area of this website, indicates your acknowledgment
and agreement to these Terms of Use, our Privacy Policy and other notices posted
on this website. We suggest you print a copy of each of these documents for
your records. We shall have the right, at our sole discretion, to modify, add
or remove any terms or conditions of these Terms of Use without notice or liability
to you. Any changes to these Terms of Use shall be effective and binding on
you immediately following the posting of such changes on our website. You agree
to review these Terms of Use from time to time. These Terms of Use were last
modified October 2008.
Disclaimer
Use of our website is provided to you solely for your own personal use and not
for purposes of resale, distribution, public display or performance or other
similar uses by you. Unless otherwise indicated on our website, you may display,
download, reformat and print a single copy of any information on our website
for such personal use. Access to and the right to use our website may be subject
to local laws and regulations. You agree to comply with all applicable laws
and regulations relevant to your use of our website.
We have made commercial best efforts to obtain the most accurate and timely information available, including information concerning pricing, promotions and clothing items, all of which is complex and subject to change. Accordingly, we do not guarantee the accuracy, reliability or completeness of any of the information contained on, downloaded or accessed from this website.
The performance of our website and all content or services accessed from or available thereon are provided to you on an "as is" basis, without representations, warranties or conditions of any kind (to the fullest extent permissible under applicable law), including any implied warranties or conditions, or warranties or conditions of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. We make no representation or warranty to you, whether expressed or implied, that our website and any content or services accessed from or available thereon will be uninterrupted, error free or corrected in the event of discovery of any errors, free of viruses or other harmful components, nor for any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using any materials from our website.
We reserve the right, at our sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of our website or any content contained thereon, without liability or notice to you.
As a visitor to our website, you acknowledge and agree that any reliance by you on any information available on this website shall be at your own risk. In no event shall we be liable for any direct, indirect, consequential, special or exemplary damages arising from the use or the performance of this website, even if we have been advised of the possibility of such damages.
Confidentiality and Transmissions
over the Internet
The transmission of data or information (including communications by e-mail)
over the Internet or other publicly accessible networks is not secure, and is
subject to possible loss, interception or alteration while in transit. Accordingly,
we do not assume any liability for any damage you may experience or costs you
may incur as a result of any transmissions over the Internet or other publicly
accessible networks, including the exchange of e-mail with us (including those
which may contain your personal information). While we shall take commercially
reasonable efforts to safeguard the privacy of any personal information you
provide us and treat such information in accordance with our Privacy Policy,
in no event will the information you provide to us be deemed to be confidential,
create any fiduciary obligations to you on our part, or result in any liability
to you on our part in the event that such information is inadvertently released
by us or accessed by third parties without our consent.
Indemnification by User
You agree to indemnify, defend and hold us and our affiliates, business partners,
officers, directors, employees and agents harmless from any loss, liability,
claim, demand, damage, or expense (including reasonable legal fees) asserted
by any third party relating in any way to your use of this website or breach
of these Terms of Use. We reserve the right to assume the exclusive defence
and control of any matter subject to indemnification by you, which shall not
excuse your indemnity obligations.
Third Party Websites,
Content and Products and Services
Links or pointers to other websites and references to products and services
offered by third parties are provided to you for convenience only and do not
constitute an endorsement or approval by us of the organizations that operate
such websites, the content on such websites, or of such third party products
and services. As we have no control or responsibility over websites or content
maintained by other organizations, or for products and services offered by third
parties, we do not assume any liability for your use of any of the foregoing,
which use you acknowledge and agree shall be at your own risk.
Proprietary Rights
Canopy Blue, the Canopy Blue logo and other identifying marks of Canopy Blue
are and shall remain the trade-marks and trade names and exclusive property
of Canopy Blue , and any unauthorized use of these marks is unlawful. Other
trade-marks on this website are the property of their respective owners. All
content on this website is the copyrighted property of Canopy Blue and Canopy
Blue (or, in certain cases, other users of this website or third party content
providers) and is protected by international copyright law. Information on this
website may be used by you only for your personal use as provided for in these
Terms of Use, but may not be taken out of context or presented in a misleading
or discriminatory manner. Any rights not expressly granted to you are reserved
by us.
General
If any provision of these Terms of Use is held invalid or unenforceable in any
respect by any court having competent jurisdiction, such provision shall be
enforced to the maximum extent permitted by law, and the remaining provisions
of these Terms of Use shall continue in full force and effect. No waiver of
any provision of these Terms of Use shall be deemed a further or continuing
waiver of such provision or any other provision of these Terms of Use.
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereofto. The parties consent to the jurisdiction of the courts of, and venue and situs in Toronto, Ontario.
It is the express wish of the parties that these Terms of Use, the Privacy Policy and other notices on this website have been drawn up in English. C'est la volenté expresse des parties que la présente convention ainsi que tous les documents légales qui s'y rattachent soient rédigés en anglais.
With the exception of a breach by you of intellectual property rights, in the event of any dispute, the parties shall, at the shared expense of both parties, use their best efforts to mediate the dispute by an independent mediator appointed by Canopy Blue, with such mediation to be held in the City of Toronto, in the Province of Ontario. In the event that the aforementioned mediation is unsuccessful, the parties agree that the dispute shall be resolved by a single arbitrator pursuant to the Arbitrations Act (Ontario), with the arbitration to be held in the City of Toronto and the law applicable thereto shall be the law of the Province of Ontario. The arbitrator appointed pursuant to the Arbitrations Act (Ontario) shall be entitled to award costs of the hearing in addition to the resolution of the claim, and the decision of any such arbitrator shall be final and binding and not subject to appeal.
These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole discretion. We may assign this Agreement to any affiliate or successor company of Canopy Blue without notice thereof to you.
Contact
If you have any questions, comments or concerns about our website or these Terms
of Use, please contact our Canopy Blue Head Office by email at info @ canopyblue.ca
or by regular mail at:
Canopy
Blue
2582 Yonge Street
Toronto, ON