Website Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Last Update: March 1, 2012

By using this Website (the “Site”), you signify your acceptance of these terms and conditions of use (“Terms of Use”) and the Privacy Notice. If you do not agree to all of the Terms of Use and the Privacy Notice, do not use this Site.

These Terms of Use constitutes a legally binding agreement between you and Club Monaco Corporation (“Club Monaco,” “we,” “us,” and “our”). Club Monaco may revise these Terms of Use at any time. Your continued usage of this Site will mean you accept those changes, and you will comply with all applicable laws and regulations related to your access to and use of the Site. The materials provided on this Site are protected by law, including, but not limited to, Canadian and international copyright laws and international treaties.

This Site may allow users to communicate with each other using discussion forums, blogs, wikis and other interactive methods of posting and sharing information.


Ownership and Protection of Content

The Site is owned and operated by Club Monaco or one of its affiliated companies. The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, audio or video materials, information obtained from Club Monaco’s licensors or other third parties, and other materials (“Contents”) is protected by copyright, trademark and other intellectual property or other proprietary laws under both the United States and foreign laws. All of the Contents are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use the Contents without Club Monaco or its licensors’ prior written consent, except as otherwise described herein. Title to the Contents remains with Club Monaco or its licensors.


Product Information

The Site displays products available for purchase online and for delivery to most locations in Canada other than Quebec. See our Terms of Sale for more information on where we can ship products. Most products displayed on the Site are also available in Club Monaco stores in Canada while supplies last. In some cases, merchandise displayed on the Site may not be available in stores. The prices displayed on the Site are quoted in Canadian dollars and are valid and effective only in Canada. Different discounts may apply in store and online. The technical specifications and settings of your computer and its display could affect the accuracy of the colors of products displayed on the Site.

PRODUCTS DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES. PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.

ALL OTHER TERMS AND CONDITIONS GOVERNING THE PURCHASE OF ANY PRODUCT ON THE SITE ARE AVAILABLE IN THE TERMS OF SALE.


User Restrictions

Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, transferred or sold in any form or by any means without the prior written permission of Club Monaco or its licensors. Club Monaco authorizes you to view, print and download a single copy of the Contents solely for your own lawful, personal, non-commercial use if you retain all copyright and proprietary rights notices contained in the Contents and the citation of the URL Source of such Content. Any special rules for the use of certain Content provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. The use of the Contents on any other Website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Club Monaco and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without Club Monaco’s written permission, “mirror” any Contents contained in this Site on any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. Club Monaco reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.


Registration, Accounts and Passwords

You are not required to create an account to browse the Site or to make purchases on the Site. However, to access additional features of the Site, you may be asked to register and create an account. In consideration for your use of these additional features on the Site, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Site may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

If you register and create an account on the Site, you agree to be responsible for: (a) maintaining the confidentiality of passwords or other account identifiers which you choose, and (b) all activities that occur on the Site when logged in using such passwords or account identifiers. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, please notify Club Monaco immediately. Club Monaco will assume that any communications Club Monaco receives under your password-protected account have been made by you unless Club Monaco receives notice otherwise.


Privacy

The personal information you submit to Club Monaco on the Site is governed by the Club Monaco Privacy Notice. To the extent there is an inconsistency between the Terms of Use and the Privacy Notice, the Privacy Notice shall govern.


User Submissions

Club Monaco does not claim ownership of any information or material a user provides to Club Monaco or posts, uploads, input, submits or transmits to this Site (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views or disability; in violation of local, state, provincial, national or international law; or that infringes on or violates any right (including patent, trade-mark, trade secret, copyright or other proprietary right) of any party.

Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collect information about others, including email addresses, without their consent; (f) post the same note more than once or “spam”; (g) impersonate another person or entity, including a Club Monaco employee; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Club Monaco, exposes Club Monaco or any of its licensors, partners or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential and non-proprietary, and may be disseminated or used by Club Monaco. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Club Monaco a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the Submission in any media or medium, or any form, format or forum now known or hereafter developed. Notwithstanding the foregoing, Club Monaco is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Club Monaco is not responsible for the consequences of any Submission. Club Monaco is not responsible for screening or monitoring Submissions made to this Site by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, Club Monaco may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Club Monaco will have no liability or responsibility to users for performance or nonperformance of such activities.

Club Monaco reserves the right (but is not obligated) to: (a) record the dialogue on the Site; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Site upon any breach of these Terms of Use or applicable law; (e) monitor, edit or disclose any Submission; (f) edit or delete any Submission posted on the Site, regardless of whether such Submission violates these Terms of Use.


Liability of Club Monaco and Its Licensors and Partners

The use of the Site, the Contents and Submissions are at your own risk. The Contents in this Site could include technical inaccuracies or typographical errors. Club Monaco may make changes or improvements at any time. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CONTENTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND CLUB MONACO DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLUB MONACO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLUB MONACO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT CLUB MONACO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS OR CORRECTIONS OF ANY DEVICE USED TO ACCESS THE SITE.

CLUB MONACO ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY CLUB MONACO, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY NOTICE, THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT, EVEN IF CLUB MONACO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR CERTAIN LIMITATIONS ON IMPLIED WARRANTIES. ACCORDINGLY, THE EXCLUSIONS AND/OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Although we strive to update and keep accurate product and pricing information on the Site, errors and/or omissions may occur. In the event that an item is listed at an incorrect price or with incorrect information, Club Monaco shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced and Club Monaco elects to refuse or cancel your order, we will notify you of such refusal or cancellation. The prices displayed on the Site are shown in Canadian dollars. Shipping and handling fees and taxes are listed, if applicable. You are responsible for the payment of any shipping and handling fees and any federal or provincial taxes that may apply to your order. These fees and taxes are added to the order price during the checkout process. Club Monaco reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household and per order.


Indemnity

You agree to defend, indemnify and hold Club Monaco, its officers, directors, employees, agents, licensors and partners harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your Submission, use of the Site or Contents, or your violation of these Terms of Use.


Links to Other Sites

This Site may contain links to third party Websites, which may have privacy policies that differ from our own. These links are provided solely for the convenience of our Site visitors. We are not responsible for the content or privacy practices of such sites. We encourage you to review the privacy policies and terms of use of any third party Websites or services.

We may also offer links to Content created by Club Monaco and available on other Websites. If you link to that Content, you are responsible for ensuring that you comply with the terms of use applicable to those Websites while you are visiting them.


General

Club Monaco operates this Site from its offices within the United States of America, and makes no claims that the Contents or a Submission are appropriate or may be downloaded outside of the United States of America. Access to the Contents or Submissions may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of Club Monaco and Its Licensors and Partners, Use Restrictions, User Submissions, Indemnity, Applicable Laws and Complete Agreement.


Applicable Laws

These Terms of Sale will be governed by the laws of the province of Ontario and the laws of Canada applicable therein unless the applicable laws of your province of residence require that the laws of such province govern, in which case, the laws of such province are to govern. The exclusive jurisdiction for any claim, action or dispute with Club Monaco or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the province of Ontario unless required otherwise by applicable laws of your province of residence.


Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Club Monaco on this Site, these Terms of Use, including Club Monaco Privacy Notice, constitute the entire agreement between you and Club Monaco with respect to the use of the Site and Contents.


Changes & Termination

Club Monaco reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Site or (3) any Content available through the Site, is to stop visiting and using the Site.


Notices

Notices to you may be made via email or regular mail, or in cases of changes to these Terms of Use, by posting notices or links to such revised Terms of Use on the Site itself.

Copyright © 2012 Club Monaco Corporation

 
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