Last updated: September 2010
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: The Services offered at www.KitandKaboodlesBaskets.com are provided to you under the terms and conditions of this Terms of Service, and any operating rules or policies that may be published by Kit and Kaboodles Gift Baskets Ltd (operating as Kit & Kaboodles) at the URL: www.KitandKaboodlesBaskets.com . The Terms of Service comprises the entire agreement between you and Kit and Kaboodles and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING KitandKaboodlesBaskets.com, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
2. SERVICES VOID WHERE PROHIBITED: Use of the Services is void where prohibited. By using this Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
3. REGISTRATION: You are required to create and account with Kit and Kaboodles if you want to track your purchase history, and view and edit your profile. In order to register with Kit and Kaboodles you must supply a valid email address, which will be used as a unique identifier for your account, and a password.
4. DESCRIPTION OF SERVICE: Kit and Kaboodles provides users with a variety of online services, including but not limited to: purchases from our on-line catalog, shopping by occasion, tracking your purchase history.
5. LIMITATION OF LIABILITY: BY USING KIT AND KABOODLES, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY THE USE OF SUCH PRODUCTS, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE KIT AND KABOODLES FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS KIT & KABOODLES, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY PRODUCTS PURCHASED BY WAY OF USING THE KIT AND KABOODLES WEBSITE. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.
7. COPYRIGHT POLICY/INFRINGING MATERIAL: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights.
10. SECURITY: You are solely responsible for maintaining the confidentiality of your password and account, and for any and all activities that occur under your account. You may change your password or any other account information at any time. You may also set up a new account at your convenience. You agree to notify Kit & Kaboodles immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform Kit & Kaboodles of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a user account or password. Until Kit & Kaboodles is notified of a breach in security, you will remain liable for any unauthorized use of the Kit & Kaboodles website through your account. In consideration for using the Kit & Kaboodles website, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or in your My Account is inaccurate, Kit & Kaboodles reserves the right to terminate your account immediately and your right to use the Kit & Kaboodles website.
11. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE: Your right to use the Kit & Kaboodles website is personal to you. You agree not to resell or make any commercial use of the Kit & Kaboodles website without the express consent of Kit & Kaboodles. You may not create bots or other computer generated automatic tools to abuse the Kit & Kaboodles website in any manner. Use that constitutes abuse shall be determined by Kit & Kaboodles in its sole discretion. Kit & Kaboodles reserves the right to terminate your account if Kit & Kaboodles determines you have not complied with these Terms of Service.
12. USER CONDUCT: Kit & Kaboodles reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Kit & Kaboodles website. Your use of the Kit & Kaboodles website is subject to all applicable local, and national laws and regulations. In using the Kit & Kaboodles website, you agree not to:
- Use the website for illegal purposes;
- Interfere or disrupt networks connected to the Kit & Kaboodles website or violate the regulations, policies or procedures of such networks;
- Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;
- Transmit through the Kit & Kaboodles website any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
- Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Kit & Kaboodles website;
- Transmit through the Kit & Kaboodles website, any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
- Interfere with another User's use and enjoyment of the Kit & Kaboodles website;
- Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
- Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Kit & Kaboodles website any directory of Kit & Kaboodles’ users or usage information or any portion thereof other than in the context of your use of the Service as permitted under these Terms of Service;
- Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- Attempt to gain unauthorized access to the website, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
- Engage in any other conduct which, in Kit & Kaboodles’ sole discretion, is considered inappropriate, unauthorized or objectionable.
13. INDEMNIFICATION: You agree to indemnify and hold Kit & Kaboodles, any affiliate, officers, employees, agents, directors, successors and assign harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Kit & Kaboodles website, the violation of these Terms of Service by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, provincial or local law or regulation.
14. TERMINATION: You may terminate your participation in the Kit & Kaboodles website with or without cause at any time and effective immediately. Kit & Kaboodles may terminate your use of the Kit & Kaboodles website or your use of the Service with or without cause at any time and effective immediately, at Kit & Kaboodles sole discretion. Should you object to any terms and conditions of the Terms of Service or any subsequent modifications Kit & Kaboodles makes to the Terms of Service or become dissatisfied with Kit & Kaboodles services in any way, your only recourse is to immediately: (1) discontinue use of Kit & Kaboodles services; and (2) notify Kit & Kaboodles of your termination and, at your discretion, notify Kit & Kaboodles of the reasons for your termination. Upon termination of your use of the Kit & Kaboodles services, your right to use the Kit & Kaboodles website shall cease immediately.
15. LINKS TO THIRD PARTY SITES: Any web sites that are accessible via links included within the Kit & Kaboodles website that take you out of the Kit & Kaboodles website are not under Kit & Kaboodles’ control and Kit & Kaboodles shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any web site you visit.
16. VIOLATION OF TERMS BY OTHER USERS: Kit & Kaboodles asks that you participate in ensuring that all users follow the terms of these Terms of Service by reporting any user reviews or other postings or messages that violate these terms.
17. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT YOUR USE OF THE KIT AND KABOODLES WEBSITE IS AT YOUR SOLE RISK. THE KIT & KABOODLES WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KIT & KABOODLES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KIT & KABOODLES MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. KIT & KABOODLES MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. KIT & KABOODLES ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE KIT & KABOODLES WEBSITE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE KIT & KABOODLES WEBSITE. KIT & KABOODLES MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KIT & KABOODLES OR THROUGH THE KIT & KABOODLES WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
18. LIMITATION OF LIABILITY: KIT & KABOODLES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF KIT & KABOODLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH KIT & KABOODLES OR A THIRD PARTY THROUGH THE USE OF THE KIT & KABOODLES WEBSITE; (IV) OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT KIT & KABOODLES IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE KIT & KABOODLES WEBSITE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.
19. GENERAL PROVISIONS: These Terms of Service shall be governed by the laws of the province of Ontario. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.
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