Web Site Legal Terms and Disclaimer

IMPORTANT! YOUR ACCESS TO THIS WEB SITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. YOUR USE OF THIS WEB SITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHALL CEASE USING THIS WEB SITE IMMEDIATELY.

This Web Site Legal Terms and Disclaimer (the Agreement) is an agreement between you ("You") and the ONTARIO CRAFT COUNCIL ("CRAFT ONTARIO"). "We" and "Us" means both You and CRAFT ONTARIO. The effective date of this Agreement is when You accept or are deemed to accept this Agreement in accordance with the procedure set out in this Agreement.

You hereby consent to the exchange of information and documents between Us electronically over the Internet or by e-mail, and that this electronic Agreement shall be the equivalent of a written paper agreement between Us.

Ownership and Copyright.

You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, CRAFT ONTARIO names, trade-marks, logos and trade names contained on this web site (collectively the "content") including the manner in which the content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, CRAFT ONTARIO or its licensors, as the case may be.

Permitted Use. CRAFT ONTARIO hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download one copy of the content.

Restrictions On Use. You agree that You will not:

  1. distribute the content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the content by the press or media or through any commercial network, cable or satellite system; or
  2. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of CRAFT ONTARIO or its licensors or allow any third-party to access the content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.

License To Use your Information.

With the exception of personal information, You hereby grant to CRAFT ONTARIO the perpetual, unlimited, royalty-free, world wide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other content You provide on or through this web site or which is sent to CRAFT ONTARIO by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. CRAFT ONTARIO shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by CRAFT ONTARIO in writing or required by law. You represent and warrant that you have the right to grant the license set out above.

User Conduct

In using this web site, You agree to not:

  1. upload, download, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
  2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. upload, download, post, email or otherwise transmit any content that may infringe any patent, trade-mark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, You may contribute only original work that You have created yourself from original elements. This means You may not use images of celebrities or corporate products, nor images, text, or designs that You've copied from a web site without written permission from the owner. You cannot create a "new" image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any content, You represent and warrant that You have the lawful right to reproduce and distribute such content and that the content complies with all applicable federal, provincial and/or territorial laws;
  4. upload, download, post, email or otherwise transmit any content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any territorial, provincial, national, or international law;
  5. use the Service to harm minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
  6. upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. disrupt or interfere with the security of, or otherwise abuse, the web site, or any services, system resources, accounts, servers, or networks connected to or accessible through the web site or affiliated or linked web sites.
  8. access, tamper with or use non-public areas of the web site. Unauthorized individuals attempting to access these areas of the web site may be subject to prosecution;
  9. disrupt or interfere with any other user's enjoyment of the web site or affiliated or linked web sites;
  10. frame the web site within another web site or webpage or link to the web site except as permitted in writing by CRAFT ONTARIO;
  11. incorporate images or names that would violate a person's right of privacy or publicity; or
  12. use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service;
  13. transfer your CRAFT ONTARIO account to another party without CRAFT ONTARIO's written consent;
  14. copy, modify or distribute rights or content from the web site, service or tools or CRAFT ONTARIO's copyrights and trade-marks; or
  15. harvest or otherwise collect information about users, including email addresses, without their consent.

 

You acknowledge that CRAFT ONTARIO does not pre-screen submitted content, but that CRAFT ONTARIO and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any content that is available via the web site. CRAFT ONTARIO does not endorse any content submitted to the web site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and CRAFT ONTARIO expressly disclaims any and all liability in connection with content. Without limiting the foregoing, CRAFT ONTARIO and its designees shall have the right to remove, without prior notice, any content that violates the Agreement or is otherwise objectionable to CRAFT ONTARIO. You agree that You must evaluate, and bear all risks associated with, the use of any content.

You acknowledge and agree that CRAFT ONTARIO may preserve or store your content and may also disclose content if required to do so by law or in the good faith belief that such preservation, storage or disclosure is reasonably necessary and as set forth in our Privacy Policy.

You understand that the technical processing and operation of the web site, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

You agree that You are responsible for actions and communications undertaken under your account. CRAFT ONTARIO takes no responsibility and assumes no liability for any content uploaded or otherwise transmitted by or to You or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity You or a third party may encounter. You agree to waive any claims against CRAFT ONTARIO and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, content or materials on the web site. You agree to indemnify CRAFT ONTARIO and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement. You agree that You will use this web site and any products ordered on this web site in accordance with all applicable federal, provincial and territorial laws and will not take any action that harms.

Privacy Policy

You should refer to our Privacy Policy for information about how CRAFT ONTARIO collects and uses personal information. By accepting this Agreement You expressly consent to CRAFT ONTARIO's disclosure and use of your personal information as described in our Privacy Policy, which is incorporated herein by reference.

Proprietary Rights

You retain all ownership rights to your content submitted to the web site. By submitting content to CRAFT ONTARIO, You grant CRAFT ONTARIO a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your content.
You acknowledge and agree that the web site and any software provided to You or used in connection with the web site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

Subject to your compliance with the terms and conditions of this Agreement and any additional terms provided in a separate applicable agreement, CRAFT ONTARIO grants You a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this web site and provided that You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the web site or the Software, in whole or in part.
CRAFT ONTARIO grants You a non-exclusive, revocable and limited license to use the content and CRAFT ONTARIO's tools, images, product photographs for the purposes of promoting the web site in the condition that You provide appropriate attribution and a link to the CRAFT ONTARIO web site. CRAFT ONTARIO reserves the right to terminate this license at any time.

The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which You submit or communicate to CRAFT ONTARIO (excluding the content You submit) will automatically be deemed to be assigned, granted and transferred by You to CRAFT ONTARIO upon their submission or communication to CRAFT ONTARIO, and You do assign all rights therein to CRAFT ONTARIO and agree that the same will automatically become the property of CRAFT ONTARIO and that CRAFT ONTARIO may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose CRAFT ONTARIO may elect, forever.

Intellectual Property Policy

CRAFT ONTARIO respects the intellectual property rights of others. We ask our users to do the same. CRAFT ONTARIO may terminate the accounts of users who infringe, or may infringe, the copyright or other intellectual property rights of others. 

If You believe that your content has been copied in a way that constitutes copyright and/or trade-mark infringement, please notify CRAFT ONTARIO, and provide the following information ("Notice"):

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trade-mark interest;
  2. a description of the copyrighted work and/or trade-mark claimed to have been infringed;
  3. a description of where the claimed infringing content is located on our web site;
  4. your address, telephone number, and email address;
  5. a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright/trade-mark owner, its agent, or the law;
  6. a statement by You, made under penalty of perjury, that the above information in your Notice is accurate and that You are authorized to act on behalf of the owner of the copyright/trade-mark interest involved.

 

Please note that this procedure is exclusively for notifying CRAFT ONTARIO that your trade-mark or copyrighted material has been infringed. [provide copyright contact info here]

WARRANTY

YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUIRED SITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.

Indemnity

You agree to defend, indemnify and hold CRAFT ONTARIO and CRAFT ONTARIO's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) content You submit, post to or transmit through the web site, (b) your use of the web site, (c) your connection to the web site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.

No Resale

Other than as expressly provided under these terms, You agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the web site, without CRAFT ONTARIO's express written consent.

Termination

You agree that CRAFT ONTARIO, in its sole discretion, may terminate this agreement including but not limited to termination of your password, account (or any part thereof) or use of the web site, and remove and discard any content You may have contributed to the web site, at any time for any reason or no reason. CRAFT ONTARIO may also in its sole discretion and at any time discontinue providing the web site, or any part thereof, with or without notice. You agree that any termination of your access to the web site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that CRAFT ONTARIO may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the web site. Further, You agree that CRAFT ONTARIO shall not be liable to You or any third-party for any termination of your access to the web site. Should You object to any terms and conditions of the Agreement or become dissatisfied with the web site in any way, your only recourse is to immediately discontinue your use of the web site and/or terminate your account.

Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

Age Restriction

You must be at least 18 years of age to use this web site.

International Users

This web site may be accessed from countries other than Canada. This web site may contain products or references to products that are not available outside of Canada. Any such references do not imply that such products will be made available outside Canada. If You access and use this web site outside Canada You are responsible for complying with your local laws and regulations.

Correction of Errors and Inaccuracies

The information and product listings on this web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after You have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after You have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.

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 partners, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and You have been charged for the sale. If You have already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or refund the amount in the manner in which the purchase was made by You . If we have overcharged for any product, we will issue a refund to You for the difference between what You were charged and the correct price of the relevant product.

Reviews, Comments and Submissions

In addition to the rights applicable to any Submission, when You post comments or reviews to the web site, You also grant us the right to use the name that You submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that You own or otherwise control all of the rights to the reviews, comments and other content that You post on this web site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

Delivery of Orders

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

CRAFT ONTARIO uses the utmost care in packaging, and shipping practices for delivery of your orders. Once your order is complete we use registered courier companies to deliver your product/order on a timely basis. Once receipt of the product(s) has been transferred to the courier company the risks of shipment and loss shall be transferred to the courier and the client.

Upon the client's receipt of products and in the event of alleged defects or imperfection of Products, he client may return defective products at the client's expense following the detailed instructions on our returns form. Upon receipt of returned products CRAFT ONTARIO will determine validity of defects and will compensate (to a maximum of $25) for the return charge if CRAFT ONTARIO deems the return is valid.

CRAFT ONTARIO will make every effort to ship all products in a reasonable and timely manner but cannot guarantee exact dates and times of receipt.

Limitations on Liability and Disclaimers

ALTHOUGH THIS WEB SITE USES ENCRYPTION SECURITY, THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEB SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEB SITE AND THE CONTENT IS AT YOUR OWN RISK AND CRAFT ONTARIO ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEB SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.

This web site may contain links to other sites. CRAFT ONTARIO does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, CRAFT ONTARIO is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that CRAFT ONTARIO is affiliated or associated with same. CRAFT ONTARIO DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER WEB SITES. The mention of another party or its product or service on this web site should not be construed as an endorsement of that party or its product or service.

CRAFT ONTARIO will not be responsible for any damages You or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize CRAFT ONTARIO to make, or for any errors or any changes made to any transmitted, stored or received information.

THIS WEBSITE AND ALL CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND IS NOT TO BE RELIED UPON.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEB SITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEB SITE OR MADE AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

IN NO EVENT WILL CRAFT ONTARIO, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF CRAFT ONTARIO OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO EVENT WILL CRAFT ONTARIO, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEB SITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEB SITE OR THE CONTENT; ANY OTHER WEB SITE ACCESSED TO OR FROM THIS WEB SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF CRAFT ONTARIO, EVEN IF CRAFT ONTARIO OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO CASE WILL CRAFT ONTARIO'S, ITS AFFILIATES', AGENTS', LICENSORS', SUPPLIERS', AND THEIR RESPECTIVE DIRECTORS', OFFICERS' AND EMPLOYEES' CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT TO ACCESS THIS WEB SITE, IN THE YEAR IN WHICH THE CLAIM AROSE.

CRAFT ONTARIO ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. CRAFT ONTARIO IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. CRAFT ONTARIO DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEB SITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

Termination

This Agreement is effective until terminated by CRAFT ONTARIO, with or without cause, in CRAFT ONTARIO's sole and unfettered discretion. CRAFT ONTARIO may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by CRAFT ONTARIO shall be in addition to and without prejudice to such rights and remedies as may be available to CRAFT ONTARIO, including injunction and other equitable remedies.

The disclaimers, limitations on liability, ownership, termination, interpretation, Your license to CRAFT ONTARIO, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

Indemnity

You agree at all times to indemnify, defend and hold harmless CRAFT ONTARIO, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by CRAFT ONTARIO directly or indirectly in respect of:

  1. any information or other content You provide on or through this web site or which is sent to CRAFT ONTARIO by e-mail or other correspondence; or
  2. Your use or misuse of the Content or this web site, including without limitation infringement claims

Governing Law

CRAFT ONTARIO, this web site and the Content (excluding linked web sites or content) are physically located within the Province of Ontario, Canada. This Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. In the event of a dispute, We agree to submit to the non-exclusive jurisdiction of the Ontario courts. We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act Ontario as amended, replaced or re-enacted from time to time. You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against CRAFT ONTARIO related to this web site, the Content or this Agreement and, where, applicable, You also agree to opt out of any class proceedings against CRAFT ONTARIO or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

Interpretation

The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to money amounts in this Agreement, unless otherwise specified, are in Canadian dollars.

Entire Agreement

This Agreement as it may be amended from time to time in accordance with the provisions of Section 12, and any and all other legal notices and policies on this web site, constitute the entire agreement between You and CRAFT ONTARIO with respect to the use of this web site and the Content.

Amendment and Waiver.

CRAFT ONTARIO reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this web site. You are responsible for periodically reviewing the amendments on this web site and You are deemed to be aware of such amendments. If You do not agree to the amended terms and conditions, You shall immediately stop using this web site. Access to this web site or use of this web site after any amendments have been posted shall constitute Your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on CRAFT ONTARIO unless executed by CRAFT ONTARIO in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

Severability

Any provision of this Agreement which is held by a court of competent jurisidiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

Enurement

This Agreement shall inure to the benefit of and be binding upon each of Us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

© CRAFT ONTARIO Inc., 2014, Canada. CRAFT ONTARIO, CITIZENS OF CRAFT, CITIZENSOFCRAFT.CA are the unregistered trade-marks of CRAFT ONTARIO Inc.