TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
URBAN MANOR INC (Urban Manor ) PROVIDES YOU ACCESS AND USE OF OUR WEB WEBSITE, INCLUDING WWW.URBANMANOR.COM AND MOBILE APPS, AND SOCIAL MEDIA WEBSITES OPERATED BY OR FOR URBAN MANOR (collectively, the “Websites”), SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (the “Website Terms”). BY ACCESSING, BROWSING AND USING THE WEBSITES, YOU AGREE TO BE BOUND BY THE WEBSITE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE WEBSITE TERMS AND APPLICABLE LAW EACH TIME YOU USE THE WEBSITES OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE WEBSITE TERMS, YOU MAY NOT USE THE WEBSITES.
RELATED POLICIES AND TERMS
Additional policies and terms apply to use of specific portions of the Websites and to the purchase of certain Merchandise or Services and are included as part of the Website Terms. Please refer and review all additional specific terms and conditions at the Websites.
The Website Terms apply exclusively to your access to, and use of, the Websites and do not alter in any way the terms or conditions of any other agreement you may have with Urban Manor for products, services, or otherwise.
MODIFICATION OF WEBSITE TERMS
Urban Manor reserves the right to modify these Website Terms in our sole discretion from time to time and only Urban Manor has the right to do so. If the Website Terms are changed, we will post the new terms on the website and note the date they were last updated. Any changes or modification will be effective upon posting of the Website Terms as revised, and your use of the Websites following the posting will constitute your acceptance of the new Website Terms.
The Website may only be used by residents of North America to order goods or services intended to be delivered to addresses in Canada or USA. Use of the Website is governed by the provincial and federal laws of Canada. The laws of your jurisdiction may be more or less strict than the laws that apply to the Website. If you access the Website from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
LICENSE AND WEBSITE ACCESS
Urban Manor grants you a limited licence to view the Website, to print individual pages from the Website, and electronically copy pages from the Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. This licence is conditional on your strict compliance and acceptance without modification of the Website Terms.
This licence does not include, without limitation: (a) any resale or commercial use of the Website or any Website Materials (defined below); (b) modification, adaptation, translation, reverse engineering, de-compilation, disassembly or conversion into human readable form any of the Website Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Website except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, making available, downloading, displaying, performing, posting or transmitting any Website Materials (including any Urban Manor trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or other means; (d) the collection, use or disclosure of any product listings, prices or descriptions; (e) making derivative uses of the Websites and any Website Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Website Materials or to scrape or collect any information from the Website or any other user of the Website.
Except as noted above, you are not conveyed any right or licence by implication, waiver, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Urban Manor or any third party. You may not use any Meta tags or any other “hidden text” utilizing Urban Manor’s corporate names, trade names, trademarks, product names or service names without our express written consent. “Website Materials” means all information, software and materials on the Website, including, without limitation, trademarks (as specifically defined in these Website Terms) design, product names, prices and descriptions, HTML text, graphics, other files, photographs, codes, layout, designs, forms and the selection and arrangement thereof.
We may terminate this licence and your use of or access to the Website if you make or permit any unauthorized use of the Website. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), patent laws, and communications regulations and statutes. We reserve the right to initiate civil or criminal proceedings, or both, against all violators to the fullest extent of the law.
CHANGES, MISPRINTS AND ERROR
Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through the Website, the prices or specifications of such goods and services, and any promotional offers and any other Website Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on the Website will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Website Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Website is inaccurate. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
PASSWORDS AND SECURITY
If you use a password to access the Website or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify Urban Manor immediately. Urban Manor reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Website and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. Notwithstanding the above, Urban Manor may rely on the authority of anyone accessing your account or using your password and in no event will Urban Manor be held liable to you for any costs, liabilities or damages resulting from or arising out of (i) any action or inaction of Urban Manor under this provision, (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password.
All Website Materials are owned by us and others and are protected by Canadian and international copyright, trademark and other applicable laws.
URBAN MANOR is a registered trademark.
URBAN MANOR, WWW.URBANMANOR.COM, and their respective designs and/or logos, are registered or unregistered trademarks of Urban Manor and may not be copied, imitated or used, in whole or in part, without the prior written permission of Urban Manor. All other registered or unregistered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without their owners’ prior written permission.
Restrictions on Use
Except as stated in the Website Terms, none of the materials and intellectual property described in these Website Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Urban Manor or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Website – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance without the prior written permission of Urban Manor – is strictly prohibited.
Any software, including any files, code, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on the Website is licensed to you for use on a non-exclusive and limited basis. Urban Manor shall retain full and complete title and all intellectual property rights to Software. You shall not copy, communicate to the public, make available, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
Links to the Website
You are granted a limited, non-exclusive right to create a hypertext link to the home page only of the Website provided such link does not portray Urban Manor or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing or in-line linking techniques to enclose any Website Materials, Urban Manor trademark, logo or other proprietary information, including the images found at the Websites, the content of any text or the layout/design of any page, or form contained on a page without Urban Manor’s express written consent. All other linking is prohibited without prior written consent from Urban Manor. Except as noted above, you are not conveyed any right or licence by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Urban Manor or any third party.
Third Party Links
Urban Manor makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web websites accessible by hyperlink from the Websites, or third-party web websites linking to the Website. Any such hyperlinks provided by Urban Manor are for your reference only and are used at your own risk.
USE OF THE WEBSITE
If you register on the Website or otherwise provide information to us via the Website or through other electronic or non-electronic forms of communication, you agree that any such information will be current, accurate and complete.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Urban Manor, or postings on the Website (“Submissions”) are non-confidential and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and licence to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or that of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns.
Restrictions for Submissions
By using the Website, you agree not to do any of the following:
Upload to, distribute or otherwise publish through the Website any message, information, text, file, hyperlink, or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, false or misleading, abusive, inflammatory or otherwise objectionable;
Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of any provincial securities commission or other securities commission such as the U.S. Securities and Exchange Commission, or any rules of any securities exchange such as the Toronto Stock Exchange, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ Stock Market;
Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual, industrial or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to communicate, make available, display, distribute and reproduce such Content;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Upload to, distribute or otherwise publish through the Website any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam,” (regardless of whether the email itself complies with the requirements of applicable law for sending commercial electronic messages) or offering or disseminating fraudulent goods, services, schemes or promotions; and
Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots, spyware, malware, malicious code or scripts, or any other items that may damage, interfere with, provide unauthorized access to, surreptitiously intercept, or expropriate any system, program, data or personal information.
Policies and Enforcement
Responsibility for Your Conduct
You agree to indemnify and hold harmless Urban Manor and its parents, subsidiaries, affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. Indirect or attempted violations of these Website Terms or any policy, and actual or attempted violations by a third party on behalf of a user of the Website will be considered violations of these Website Terms by such user.
This website is designed for and intended for use by adults. If you are under 18, you may use the Websites only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of the Website by children, minors and others under your care. You agree to be responsible for their use of this website.
THIS SECTION DOES NOT AFFECT THE LEGAL WARRANTY PROVIDED FOR UNDER QUÉBEC LAW. THE WEBSITES AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. URBAN MANOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITES AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THE WEBSITES. URBAN MANOR DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. URBAN MANOR DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE IS FREE FROM TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. URBAN MANOR DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF URBAN MANOR OR IT’S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE WEBSITES IS AT YOUR SOLE RISK.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Urban Manor.
LIMITATION OF LIABILITY
IN NO EVENT SHALL URBAN MANOR BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE WEBSITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF URBAN MANOR (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED $5 OR THE COMPENSATION YOU PAID URBAN MANOR, WHICHEVER IS LESS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
APPLICABLE LAW, VENUE AND LIMITATION OF ACTIONS
This section does not apply in the Province of Québec. These terms and conditions shall be governed by and construed in accordance with the laws of the Province of Ontario applicable to agreements made and entirely to be performed within the Province of Ontario, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access the Website, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or provincial courts located in Ontario (Judicial District of Ottawa), and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding any of these terms and conditions, Urban Manor reserves the right, without notice and in its sole discretion, to terminate your licence to use the Website, and to block or prevent future access to and use of the Website if you violate any of these Website Terms. Upon termination, these Website Terms shall still apply.
CONSENT TO EMAIL COMMUNICATION
When you visit the Website or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Website. To unsubscribe from news, promotions, special offers and other information from Urban Manor, regarding Urban Manor, its affiliates and selected partners, set your Communication Preferences.
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
If any provision of the Website Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Website Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by Urban Manor of any breach of or default under these Website Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
The parties hereto acknowledge having expressly required that the Website Terms and all related policies and terms are to be drawn up in the English language
If you are experiencing difficulties in using the Website, please contact Customer Service, or call us at 905-629-4844