Terms And Conditions

Terms and Conditions

Acceptance of the Terms and Conditions Welcome to the website of Shade Works Window Fashions (“Company”, “Shade Works”, “SWWF”, “our”, “we” or “us”). The following terms and conditions (together with any documents referred to herein) apply to your use of our website, http://www.shadeworks.ca, or http://www.shadeworkswindowfashions.ca, including any and all web pages related thereto (the “Site”). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE IN ANY FORM SIGNIFIES YOUR UNCONDITIONAL ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND SHALL HAVE THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED AN AGREEMENT EMBODYING THESE TERMS. If you do not agree to be bound by these Terms and Conditions, you may not access or otherwise use the Site. You hereby represent and warrant that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. 1. You should assume that everything you see or read on the site is copyrighted unless otherwise noted and may not be used except as provided in these terms and conditions or in the text on the site without the written permission of shadeworkswindowfashions.ca. 2. Shadeworkswindowfashions.ca assumes no liability, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site. 3. Any communication you transmit to the site by e-mail or other methods, including any data, questions, comments, suggestions or the like is, and will be treated as, non proprietary, unless otherwise specifically indicated. Anything you transmit becomes the property of shadeworkswindowfashions.ca and may be used for any purpose including, but not limited to, reproduction, disclosure, transmission , posting or general public information.

4. Subject to our Privacy Policy, all information submitted via this site shall be deemed and remain the property of shadeworkswindowfashions.ca and its affiliates, we and our affiliates shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to this site provides through this site. shadeworkswindowfashions.ca and its affiliates shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the entity having the direct customer relationship or as otherwise specifically agreed or required by law.

5. Although shadeworkswindowfashions.ca, from time to time, monitors or reviews postings, transmissions, and the like on the site, shadeworkswindowfashions.ca is under no obligation to do so and assumes no liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. shadeworkswindowfashions.ca will fully cooperate with any law enforcement authorities or court order requesting or directing shadeworkswindowfashions.ca to disclose the identity of anyone posting any such information or materials.

6. The Site may link to Internet websites and resources operated by third parties. The inclusion of any link to such websites does not imply the endorsement, affiliation or recommendation by Shade Works of such other website(s), and is for your reference and convenience only. SWWF has no control over such other websites or their policies and expressly disclaims all responsibility or liability in connection therewith. Linking to any third party website is at your own risk and subject to the terms and conditions of use and privacy policies of such third party website(s), which you should review carefully before engaging in any transactions or provide information on such website(s). No linking to this Site is permitted without the express written permission of Shade Works.

7. The Site may contain message boards, chat rooms, blogs, personal web pages, email capabilities, profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow you post, submit, publish, display or transmit to other users (hereinafter “post”) content or materials on or through the Site or to submit suggestions, feedback or inquiries to Shade Works (collectively, “User Generated Content”). All User Generated Content must comply with the Content Standards set out below in these Terms and Conditions and will be considered non-confidential and non-proprietary. By submitting User Generated Content, you grant to Shade Works and its affiliates the irrevocable, perpetual, non-exclusive, worldwide, royalty-free, transferable and sub-licensable right and license to use, reproduce, modify, adapt, transmit, publish, sell, assign, translate, distribute, publicly display and perform, and create derivative works from the User-Generated Content submitted by you, in each case in any media now or hereafter known and in any manner for any purpose with no monetary compensation due to you at any time. SWWF has no obligation to provide attribution for any User-Generated Content you provide. By submitting User-Generated Content, you: (i) represent and warrant that you either own or control all right, title and interest in and to the User-Generated Content and that you have the right to grant Shade Works and its affiliates the license granted above; (ii) represent and warrant that all information you provide in such User-Generated Content is true, accurate and complete, and does not violate these Terms of Use, the Content Standards, or the terms of any third party license; and, (iii) waive any moral rights you may have in such User-Generated Content, including if such User-Generated Content is changed in a manner not agreeable to you. You understand and acknowledge that you are solely responsible for the User-Generated Content you submit to or otherwise make available on the Site. Shade Works has no duty to monitor, pre-screen or regularly review submissions of User-Generated Content made to the Site. Notwithstanding the foregoing, Shade Works has the right, but not the obligation, to edit, refuse to post, or remove any User-Generated Content which it deems inappropriate or in violation of these Terms and Conditions (including the Content Standards), in Shade Work’s sole discretion. Shade Works does not take any responsibility and does not assume any liability for any User-Generated Content posted by you or any other user, including the failure to maintain the same. All opinions expressed by users in User-Generated Content are expressed strictly in such user’s individual capacity and do not reflect the opinion of Shade Works. All decisions regarding User-Generated Content and compliance with these Terms and Conditions will be determined by Shade Works in its sole discretion. If you do not agree to these terms, do not submit any User-Generated Content.

8. You shall indemnify and hold harmless Shade Works, its affiliates, and their respective officers, managers, members, agents, employees, service providers, suppliers, licensors and licensees (collectively the “Indemnified Parties”) from and against any and all losses, damages, liabilities, fees, costs, and expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim, matter, action, cause of action, or suit, whether civil, criminal, administrative or investigative (each, a “Proceeding”) arising out of, based upon, the use of the Site, any User-Generated Content submitted, or the breach or alleged breach of these Terms and Conditions by you or any other user of your account. In no event shall you settle any such Proceeding without the written consent of Shade Works Window Fashions.

9. From time to time, Shade Works may offer different sales and/or promotions upon such terms as are provided in connection therewith. Unless otherwise expressly provided in such specific promotion or sale terms, promotions cannot be combined with other promotions or sales, and any exclusive promotion can only be used by the recipient of the exclusive promotion. Promotional codes are only valid on a ‘per order basis’ and thus attempting to apply the same promotional code to multiple orders is not allowed.

10. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and it is our policy to terminate the user accounts of repeat infringers. Please direct all such notifications to:help@shadeworks.ca and insert “Re: Copyright Violation” in the subject line header of the email.

11. If for any reason a court of competent jurisdiction finds any provision (or portion thereof) of these Terms and Conditions, to be unenforceable, the remaining provisions (or portions thereof) shall be enforced to the maximum extent permissible and shall continue in full force and effect so as to effect the intent of these Terms of Use. No waiver or failure to exercise or enforce any right or provision of these Terms of Use shall be deemed a further or continuing waiver of such right or provision or any other right or provision.

12. These Terms and Conditions (including our Privacy Policy, Policies and Procedures and any other documents or policies appearing on the Site) constitute the entire agreement between you and Shade Works Window Fashions with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. Contact Us If you have any questions about these Terms and Conditions or want to request permission to reproduce Content from this Site, please contact us in one of the following ways: E-mail us at: help@shadeworks.ca; Mail us at: 3845 Bathurst Street, Suite 202, Toronto, ON M3H 3N2

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