Terms & Conditions:
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Welcome to the Internet Site of Toronto On Sale. This Internet Site
comprises various Web pages and is owned and operated by Toronto On Sale. PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS INTERNET SITE
since both use of this Internet Site as well as all sale of products and
services offered on this Internet Site are subject to the legal terms and
conditions outlined below (collectively, the "Terms and
Conditions").
Your use of this Internet Site in any manner, including browsing,
activating an account with us or making a purchase, constitutes your
acknowledgement that you have read the Terms and Conditions and that you
agree to follow and be bound by them. Toronto On Sale reserves the right to
modify or change the Terms and Conditions at any time without prior notice
to you. Your continued use of the TorontoOnSale.com website signifies your
acceptance of such revised Terms and Conditions; therefore, we urge you to
read them carefully each time you use this Internet Site.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may copy electronically or print hard copies of any of the Web pages
from this Internet Site provided that such copying or printing is for your
personal non-commercial and lawful use, and provided that such copies
clearly display the copyright, trademark and any other proprietary notices
of Toronto On Sale. Except when the express written authorization of
Toronto On Sale is granted, you may not copy, transmit, distribute,
display, perform, reproduce, publish, transfer, frame or create derivative
works of any of the Web pages and information (including any portion of
them) which is obtained from this Internet Site. Toronto On Sale reserves
complete title and full intellectual property rights in any material that
you may copy electronically or print from this Internet Site.
PROHIBITED OR UNLAWFUL USE
You warrant to Toronto On Sale that you will not use this Internet Site for
any purpose that is either unlawful or prohibited by the Terms and
Conditions. You agree not to use this Internet Site in any manner which
could cause it to be disabled, damaged, overloaded, or impaired or
interfere with any other person's use and enjoyment of this Internet Site.
You may not misrepresent your identity or location as a user and you may
not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through this
Internet Site.
ACCOUNT NAME AND PASSWORD
For certain activities on this Internet Site, you are required to have an
account name (email Address) and a password. It is solely your
responsibility to keep your account information and password secure.
You must not disclose your password to anyone. You agree to notify
Toronto On Sale immediately of any unauthorized use of your account.
Toronto On Sale DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR
FAILURE TO KEEP YOUR ACCOUNT NAME AND PASSWORD SECURE.
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PROPRIETARY RIGHTS
TorontoOnSale.com logos and trademarks, as well as certain other names,
words, logos, slogans, images, marks, trade names, and trademarks used on
this Internet Site, are the properties of their respective owners. You may
not use, reproduce, copy or manipulate any such logos, trademarks, slogans,
images, marks, or trade names in any manner without the prior written
consent of the owner.
All content of this Internet Site, including all information, design,
images, sound, photographs, video, illustrations, links to other Internet
Sites, icons, graphics, headers, text, data and software (collectively,
"Content") and the presentation, arrangement, coordination,
enhancement and selection of such Content are subject to intellectual
property rights, including copyright, trademark, or other proprietary
rights or licenses held by Toronto On Sale or by third parties who have
licensed their rights to Toronto On Sale. All such rights are expressly
reserved.
FEEDBACK AND CUSTOMER REVIEWS
This Internet Site enables you to provide it with feedback and complete
Customer Reviews on products and services. If you provide feedback, or
complete a Customer Review, you grant Sears a worldwide, non-exclusive,
royalty-free, perpetual, irrevocable, and fully sublicencable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display what you have written throughout the world in any
media. You also grant Toronto On Sale the right to use the name you submit
with the feedback or Customer Review, if any. All Customer Reviews must be
completed in accordance with Toronto On Sale Customer Review Guidelines.
DISCLAIMER PLEASE NOTE THAT ALL CONTENT ON THIS INTERNET
SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Toronto On Sale DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES
AND LIABILITIES OF Toronto On Sale, WHETHER EXPRESS OR IMPLIED, ARISING BY
OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS INTERNET SITE OR ANY
OTHER INTERNET SITE LINKED TO THIS INTERNET SITE AND ANY CONTENT ON THIS
INTERNET SITE OR ANY OTHER INTERNET SITE LINKED TO THIS INTERNET SITE,
INCLUDING, BUT NOT LIMITED TO, ANY: IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE; IMPLIED WARRANTY OF NON-INFRINGEMENT; OR
ANY CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING,
YOU ACKNOWLEDGE THAT Toronto On Sale DOES NOT REPRESENT OR WARRANT THAT
THIS INTERNET SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS
INTERNET SITE OR THE SERVER THAT MAKES THIS INTERNET SITE AVAILABLE ARE
FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER
HARMFUL COMPONENTS.
Toronto On Sale DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF
THE CONTENT PROVIDED IN THIS INTERNET SITE, INCLUDING ANY ADVICE OR OTHER
SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS INTERNET SITE.
Toronto On Sale DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED
IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Toronto On Sale, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE,
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE
OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR
ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE,
OR RESULTS OF USE OF, THIS INTERNET SITE OR ANY CONTENT ON THIS INTERNET
SITE EVEN IF SEARS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS INTERNET
SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INTERNET SITE. IF ANY
PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY
REASON, THEN Toronto On Sale TOTAL LIABILITY TO YOU SHALL IN NO EVENT
EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH
CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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INDEMNIFICATION
You shall indemnify and save harmless Toronto On Sale, its officers,
directors, employees, affiliates, partners, service providers, consultants,
representatives and agents from and against any claim, cause of action or
demand, including, but not limited to, reasonable legal, accounting and
other professional fees brought as a result of your use of this Internet
Site.
In order to purchase through this Internet Site you must be the age of
majority in your province/territory of residence and you must agree to pay
for all charges noted on this Internet Site as payable by you. All prices
listed on this Internet Site are in Canadian dollars and all charges will
be processed in Canadian dollars. In addition to any other rights or
remedies, Toronto On Sale may, in its sole discretion and without any
limitation of liability, restrict or terminate your access to any part of
this Internet Site at anytime.
Toronto On Sale reserves the right, at it's
sole discretion, to not approve an advertising submission or application and will
not be required to explain it's reasons or purpose for any such non approval.
"Errors, Inaccuracies or Omissions"
Toronto On Sale makes every effort to ensure that the Content on this
Internet Site is complete and current. However, Toronto On Sale does not
guarantee that the information contained on this Internet Site will not
contain errors, inaccuracies or omissions. Such errors, inaccuracies or
omissions may relate to price or to product description or availability.
Toronto On Sale reserves the right to correct any error, inaccuracy or
omission or to change or update the Content without prior notice to you.
Further, Toronto On Sale reserves the right to refuse or cancel any orders
containing any error, inaccuracy or omission, whether or not the order has
been submitted, confirmed and/or your credit card has been charged. If your
credit card has been charged for the purchase and your order is cancelled,
Toronto On Sale shall promptly issue a credit to your credit card.
"Colours"
Please note that although Toronto On Sale attempts to display the colours
of the product shown on this Internet Site as accurately as possible, we
cannot guarantee that the colour you see matches the product colour, as the
display of colour depends, in part, upon the type of computer monitor used
by you.
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LINKS TO OTHER INTERNET SITES ARE NOT ENDORSEMENT
This Internet Site may contain links to other Internet Sites which are
provided to you for your convenience. Please note that the provision of any
links to other Internet Sites does not constitute an endorsement of such
linked Internet Sites. All such other Internet Sites are wholly independent
from this Internet Site and from Toronto On Sale and Toronto On Sale has no
control or power over such other Internet Sites including their content. If
you visit any of the linked Internet Sites, we urge you to review their
respective terms and conditions of use as well as their policies on privacy
and security.
ENTIRE AGREEMENT
These Terms and Conditions, along with the FAQ portion found in the
merchant link, constitute the entire agreement between Toronto On Sale and
you regarding the subject matter of this agreement, and supersede all prior
or contemporaneous communications, whether electronic, oral or written
between Toronto On Sale and you with respect to such subject matter. In the
event of a conflict between these Terms and Conditions and the Pricing
Policy or Returns Policy, these Terms and Conditions shall prevail.
SEVERABILITY
These Terms and Conditions shall be deemed severable. In the event that
any provision of the Terms and Conditions is determined to be unenforceable
or invalid, such provision shall nonetheless be enforced to the fullest
extent permitted by applicable law, and such determination shall not affect
the validity and enforceability of any other remaining provisions.
GOVERNING LAW
The Terms and Conditions as well as the use of this Internet Site,
including any order or purchase made through this Internet Site shall be
governed by the laws of the province of Ontario and the laws of Canada
applicable therein. The United Nations Convention on Contracts for the
International Sale of Goods shall not apply.
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