Terms & Conditions - Dundurn

Terms & Conditions


Acceptance of terms through use

Welcome to www.dundurn.com. This Site is operated by Dundurn Press Ltd. (hereafter “Dundurn,” “we,” or “our”). By using Dundurn’s web site (the “Site”), you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Use”)and the Privacy Policy Statement (“Privacy Policy”). We reserve the right to change or discontinue any feature of the Site, including but not limited to the Terms of Use, at any time, by posting revisions onto the Site. You agree to be deemed apprised and bound by any changes to these Terms of Use and your continued use of the Site indicates your agreement to the revised terms. You also agree to review this information from time to time as may be required to keep informed of any revisions to the Terms of Use. If you do not agree to the terms of this or any revised policy, please exit the Site immediately.

Please alert us to any problems with the Site, or send any questions or comments regarding the Site, to the Site Administrator at digital@dundurn.com.

Links to third-party sites and services

Dundurn’s site may contain links to and from sites operated by third parties. Dundurn makes no representations whatsoever about any third party content that you may access from the Site or about any web site from which you may access the Site and/or which may be linked to this Site. We provide third-party content and links only as a courtesy to our users, and such links/content do not imply our endorsement of any linked site/content. The linked sites/content are not under our influence or control, and we are not responsible for any third-party content or the contents of any linked site or subsequent links from that site. Our Privacy Policy is only applicable when you are on this Site. Please review the linked site’s use agreements and privacy policies, and if you do not agree to be bound by the terms, we recommend that you terminate your use of that service or your visit to the site.

Electronic communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing

Licence and site access

Dundurn grants you a limited licence to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Dundurn. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dundurn. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dundurn without express written consent. You may not use any meta tags or any other "hidden text" utilizing Dundurn's name or trademarks without the express written consent of Dundurn. Any unauthorized use terminates the permission or licence granted by Dundurn.You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Dundurn.com so long as the link does not portray Dundurn, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Dundurn logo or other proprietary graphic or trademark as part of the link without express written permission.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Dundurn does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Dundurn.com only with involvement of a parent or guardian. Dundurn reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Intellectual property

You acknowledge that all content and materials available on this Site, including the selection, coordination, arrangement and enhancement of such content as well as content original to it are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights,trade secrets, know-how, or other proprietary rights and laws and are owned by Dundurn or our licensors or that Dundurn has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our Site. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks of, or used under license by, Dundurn. The use or misuse of any of these materials is strictly prohibited. Dundurn, or our licensors or associates, retain exclusive ownership of all data, material and other information regarding your use of the Site.

Lawful use

You agree to use the Site or its contents for lawful purposes and only as expressly permitted in this Terms of Use and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for non-commercial use only, provided you do not delete or change any of the information,including copyright or trademark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent,modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site or otherwise in any way exploit any of the content of the Site, in whole or in part, or violate or infringe in any way upon the rights of others, or do or cause to be done anything which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar,obscene, profane or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law, or which, without Dundurn’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying Dundurn will not be permitted.

Disclaimer of warranties

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT“) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. DUNDURN DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. DUNDURN, INCLUDING EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKES NO WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

Limitation of liability

UNDER NO CIRCUMSTANCES SHALL DUNDURN, INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold Dundurn including its employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Site or the Content therein, including without limitation your violation of the Terms of Use herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International use

By choosing to access the Site from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable.Accessing the materials on the Site from territories where their contents are illegal is prohibited.

Security precautions

The services and information provided are protected using industry-standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. Dundurn provides information regarding security and privacy in our Privacy Policy. This document is provided as a guideline only, and it is up to the user to remain current and exercise care when using the Internet. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using.

Applicable laws

This Agreement shall be construed in accordance with the laws of the Province of Ontario, and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the courts of the Province of Ontario or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and severability

These Terms of Use and our Privacy Policy constitute the entire agreement between Dundurn and you with respect to the Site and supersede all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.

Unauthorized use and termination

You agree to use the Site only for authorized and legal activities. Dundurn reserves the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever. You have read and accept the terms of our Privacy Policy.