Conditions of Use
CUSTOMWOODSHAPES WEB SITE CONDITIONS OF USE (THIS "AGREEMENT") - THIS
VERSION IN EFFECT SINCE May 15, 2005.
"CustomWoodShapes" is the web site owned and operated by
CustomWoodShapes Inc., a company incorporated
under the laws of
PLEASE READ THIS AGREEMENT CAREFULLY. IT GOVERNS YOUR USE OF THE
CUSTOMWOODSHAPES WEB SITE AND ITS CONTENT (COLLECTIVELY, THE "WEB
SITE"). IT EXEMPTS CUSTOMWOODSHAPES AND OTHER PERSONS FROM LIABILITY OR
LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD
READ. EACH TIME YOU USE THE WEB SITE YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE
READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE
WITH EACH PROVISION OF THIS AGREEMENT EACH TIME YOU USE THE WEB SITE, YOU MAY
NOT USE THE WEB SITE. EACH TIME YOU USE THE WEB SITE, THE TEXT OF THIS
AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE
WEB SITE YOU SHOULD CHECK THE DATE OF THIS AGREEMENT AND REVIEW ANY CHANGES
SINCE THE LAST VERSION.
This Agreement is an agreement between you and CustomWoodShapes, and governs
your use of the Web Site. Each time you use the Web Site you signify your
acceptance and agreement, and the acceptance and agreement of any person you
purport to represent (and for purposes of this Agreement, "person"
includes any type of incorporated or unincorporated entity), without limitation
or qualification, to be bound by this Agreement, and you represent and warrant
that you have the legal authority to agree to and accept this Agreement on
behalf of yourself and any person you purport to represent. If you do not agree
with each provision of this Agreement, or you are not authorized to agree to
and accept this Agreement, or you do not have the legal authority to agree to
and accept this Agreement, you may not use the Web Site. CustomWoodShapes may,
in its sole discretion, change, supplement or amend this Agreement as it
relates to future use of the Web Site from time to time and without any notice
or liability to you or any other person, by posting a revised Agreement on the
Web Site. You may not change, supplement or amend this Agreement. Only persons
who are resident in
Online
Personal Information Privacy Policy
Ownership
and Permitted Use of the Web Site
Termination
of this Agreement and the Web Site
Linking,
Framing, Mirroring, Scraping and Data-Mining the Web Site
Misprints,
Errors, Product Availability, and Prices
Disclaimers,
Liability Exclusions, Liability Limitations, Release and Indemnity
Online Personal Information Privacy Policy
CustomWoodShapes collects, uses, and discloses your personal information in
accordance with its Online Personal Information Privacy Policy, which may be
viewed by clicking here. CustomWoodShapes may change its Online
Personal Information Privacy Policy from time to time in its sole discretion.
By accepting this Agreement, and each time you use the Web Site, you consent to
CustomWoodShapes's collection, use and disclosure of your personal information
in accordance with its Online Personal Information Privacy Policy as it then
exists without any further notice or any liability to you or any other person.
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Ownership and Permitted Use of the Web Site
The Web Site and all information, images, icons, design, and other elements
available on or through the Web Site are the property of CustomWoodShapes, its
service providers (the "Providers") and others, and are protected by
Canadian and international copyright, trade-mark, and other laws. Your use of
the Web Site does not transfer to you any ownership or other rights in the Web
Site or its content. You may only use the Web Site in the manner described
specifically in this Agreement. The Web Site may not be used for any purpose
not expressly permitted by this Agreement. In particular, except as expressly
stated otherwise in this Agreement, the Web Site may not be copied, imitated,
reproduced, republished, uploaded, posted, transmitted, modified, indexed,
catalogued, or distributed in any way, in whole or in part, without the express
prior written consent of CustomWoodShapes. You may not use any of the software
that is used in the operation of the Web Site except while you are using the
Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of
the Web Site (including the software used in the operation of the Web Site) or
access to the Web Site. The Web Site is made available to you for your lawful
use only. You may access and browse the Web Site using commercially available,
SSL-capable Web browser software. You may print or download the pages of the
Web Site for your personal use provided that you do not modify any of the Web
Site pages or other content and you do not remove or alter any visible or
non-visible identification, marks, notices, or disclaimers.
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Termination of this Agreement and the Web Site
If you breach any provision of this Agreement you may no longer use the Web Site.
CustomWoodShapes may, in its sole discretion, change, suspend or terminate,
temporarily or permanently, the Web Site or any part of it or any of its
features at any time, for any reason, without any notice or liability to you or
any other person. CustomWoodShapes may at any time and for any reason, with or
without cause, and in its sole discretion, immediately suspend or terminate (in
whole or in part) your permission to use the Web Site and your user password,
all without any notice or liability to you or any other person. If this
Agreement or your permission to use the Web Site is terminated by you or
CustomWoodShapes for any reason, this Agreement will nevertheless continue to
apply and be binding upon you in respect of your prior use of the Web Site and
anything connected with, relating to or arising from such prior use.
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Information Submissions
All information you provide through the Web Site, including registration
information (name and email address), payment information (credit card numbers
and expiration dates), and transaction-related information, must be true,
accurate, current and complete. You must also provide CustomWoodShapes with
updated registration information and payment information within 30 days of any
changes. CustomWoodShapes will rely on the information you provide. You will be
solely responsible and liable for any and all loss, damage, and additional
costs that you, CustomWoodShapes or any other person may incur as a result of
your submission of any false, incorrect or incomplete information or your
failure to update your registration information and payment information within
30 days of any change. CustomWoodShapes may require a copy of a
government-issued form of identification before making any changes to your
registration information.
You may not use technologies such as GooeyT or Third VoiceT in connection with
your use of the Web Site or to post comments, communications, or any other data
of any kind to or on the Web Site with the intention that such postings may be
viewed by other users of the Web Site.
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Transaction Agreements
All transactions through the Web Site, including the purchase and sale of goods
and services are governed by this Agreement and any applicable Transaction
Agreement. By using the Web Site or by participating in a transaction through
the Web Site, you signify your agreement and acceptance of this Agreement and,
if applicable, the Transaction Agreement.
Other Sites
The Web Site may include advertisements for, and links to, other Web sites or
resources and businesses operated by other persons ("Other Sites").
Other Sites are independent from CustomWoodShapes, and CustomWoodShapes has no
responsibility or liability for or control over Other Sites, their business,
goods, services, or content. Links to Other Sites are provided solely for your
convenience. CustomWoodShapes does not sponsor or endorse any Other Sites or
their content or the goods or services available through those Other Sites.
Your use of Other Sites and your dealings with the owners or operators of Other
Sites is at your own risk, and you shall not make any claim against
CustomWoodShapes arising out of your use of any Other Sites or your dealings
with the owners or operators of any Other Sites. As between you and
CustomWoodShapes, the provisions of this Agreement under the section headed
Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
apply, with all necessary modifications, to your access to and use of any Other
Sites and their business, goods, services, and content.
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Linking, Framing, Mirroring, Scraping and Data-Mining the
Web Site
Links to the Web Site without the express written permission of
CustomWoodShapes are strictly prohibited. To request permission to link to the
Web Site, please contact info@customwoodshapes.com . CustomWoodShapes
reserves the right to cancel and revoke any permission it may give to link to
the Web Site at any time, for any reason, without any notice, and without any
liability to you or any other person.
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Misprints, Errors, Product Availability, and Prices
Although CustomWoodShapes strives to provide reliable and current information
on the Web Site, misprints or other errors may occur. Accordingly,
CustomWoodShapes reserves the right to change the prices, fees and charges
regarding the goods and services displayed on the Web Site at any time and from
time to time without any notice or liability to you or any other person. Also,
CustomWoodShapes cannot guarantee that goods or services advertised on the Web
Site will be available when ordered or thereafter. CustomWoodShapes also
reserves the right at any time to reject, correct, cancel or terminate any
order for any reason whatsoever. If you order goods or services for which the
price was incorrectly displayed, CustomWoodShapes will provide you with an
opportunity to place an order at the correct price. If you order goods or
services that are not available, CustomWoodShapes will notify you by email.
The advertisements on the Web Site are invitations for purchase orders, and are
not offers to sell. Your properly completed and delivered order form
constitutes your offer to purchase the goods or services referenced in your
order. Your order shall be deemed to be accepted only if and when
CustomWoodShapes sends both an order acceptance and shipment notice email to
your email address. The order acceptance and shipment notice email constitutes
CustomWoodShapes's acceptance of your order. If you wish to cancel an order,
you may request a cancellation by sending an email to info@customwoodshapes.com. However,
CustomWoodShapes may not receive and process your cancellation request before
it accepts and processes your order, in which case your cancellation request
may not be effective.
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No Advice or Solicitation
THE WEB SITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE WEB SITE
IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING THE
MATTERS ADDRESSED; ADVICE OR RECOMMENDATIONS; OR AN OFFER TO SELL OR BUY ANY
PRODUCT OR SERVICE. YOU SHOULD SEEK PROFESSIONAL ADVICE AND RECOMMENDATIONS
BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR
THOUGH THE WEB SITE.
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Disclaimers, Liability Exclusions, Liability
Limitations, Release and Indemnity
CustomWoodShapes strives to make your use of the Web Site a useful and
enjoyable experience, and a safe and easy way to purchase goods over the
Internet. Nevertheless, CustomWoodShapes and its Providers do not accept any
liability for your use of the Web Site. For that reason, the following
provisions apply to your use of the Web Site:
DISCLAIMER
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT
LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY
CUSTOMWOODSHAPES AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU (AND NOT CUSTOMWOODSHAPES OR THE PROVIDERS) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER
EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB
SITE.
THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS
BEYOND CUSTOMWOODSHAPES'S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE
CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE
ELIMINATED.
CUSTOMWOODSHAPES IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF
USERS OF THE WEB SITE.
THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CUSTOMWOODSHAPES
AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED
EQUIPMENT AND SOFTWARE;
THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT
INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE
ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB
SITE;
THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF
ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER
DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING
INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
AND CUSTOMWOODSHAPES AND ITS PROVIDERS DISCLAIM ANY AND ALL
LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSION
CUSTOMWOODSHAPES AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF
INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS,
SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER
IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM,
CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER
PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY
CUSTOMWOODSHAPES OR ANY PROVIDER OR ANY PERSON FOR WHOM CUSTOMWOODSHAPES OR ITS
PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT CUSTOMWOODSHAPES OR ITS
PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES
BEING INCURRED BY YOU OR ANY OTHER PERSON.
LIABILITY LIMITATION
IN NO EVENT WILL CUSTOMWOODSHAPES'S OR ANY OF ITS PROVIDERS' TOTAL LIABILITY TO
YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS,
DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY
OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING
BY CUSTOMWOODSHAPES OR ANY PERSON FOR WHOM CUSTOMWOODSHAPES IS RESPONSIBLE,
EXCEED $25 (CDN) OR THE AMOUNT YOU PAID TO CUSTOMWOODSHAPES FOR THE USE OF THE
WEB SITE, WHICHEVER IS LESS.
RELEASE
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF CUSTOMWOODSHAPES AND
ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS,
EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND
LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND
ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF
ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN,
WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED
WITH YOUR USE OF THE WEB SITE.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF CUSTOMWOODSHAPES AND
ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES,
INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES,
AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE
"INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES,
EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND
EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR
DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE
OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS
REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM
OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY CUSTOMWOODSHAPES OR ITS REPRESENTATIVES,
WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR
CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER,
LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS,
AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities
is prohibited by legislation in some jurisdictions. Such legislative
limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and
indemnity provisions in this Agreement survive indefinitely after the
termination of this Agreement.
CUSTOMWOODSHAPES IS NOT LIABLE FOR ANY LOSS OR DAMAGE INCURRED BY YOU OR ANY
OTHER PERSON ARISING FROM OR RELATED TO ANY MISPRINTS OR ERRORS ON THE WEB
SITE.
Contacting CustomWoodShapes
CustomWoodShapes would always like to hear from you. You may contact
CustomWoodShapes by telephone, email, or postal mail:
CustomWoodShapes Inc.
Phone:
1-888-242-9669
Email: info@customwoodshapes.com
Other Matters
The Web Site is controlled by CustomWoodShapes from
Any dispute between CustomWoodShapes and you or any other person arising from,
connected with or relating to the Web Site, this Agreement or any related
matters must be resolved before the Courts of Ontario sitting in the Region of
Waterloo, Ontario, Canada, and you hereby irrevocably submit and attorn to the
original and exclusive jurisdiction of those Courts in respect of any such dispute
or matter.
Any claim or cause of action you may have arising from, connected with, or
relating to your use of the Web Site, this Agreement, or any related matters
must be commenced in a court of competent jurisdiction in the Region of
Waterloo, Ontario, Canada within six (6) months after the claim or cause of
action arises, after which time the claim or cause of action is forever barred,
regardless of any statute or law to the contrary.
No waiver, express or implied, by either party of any breach of this Agreement
will constitute a continuing waiver of such breach or be deemed to be a waiver
of any preceding or subsequent breach. If any provision of this Agreement is
found to be unlawful, void, or for any reason unenforceable, then that
provision will be deemed to be severed from the rest of this Agreement and will
not affect the validity and enforceability of any remaining provisions. The
provisions of this Agreement will enure to the benefit of and be binding upon
each of CustomWoodShapes and the Providers and each of its successors and
assigns and related persons and you and your heirs, executors, administrators,
successors, permitted assigns, and personal representatives. You may not assign
this Agreement or your rights and obligations under this Agreement without the
express prior written consent of CustomWoodShapes which may be withheld in
CustomWoodShapes's sole discretion. CustomWoodShapes may assign this Agreement
and its rights and obligations under this Agreement without your consent. Any
rights not expressly granted by this Agreement are reserved to
CustomWoodShapes.
You and CustomWoodShapes are independent contractors and no agency,
partnership, joint venture, employment or franchise relationship is intended or
created by this Agreement or your use of the Web Site.
The parties have expressly requested and required that this Agreement and all
other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les
documents qui s'y rapportent soient redigés en anglais.