1. Acceptance of Terms
2. Use and Restrictions
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites are proprietary to GYORK&VEIL or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of GYORK&VEIL, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts contained in the Sites are trademarks, service marks, trade names, works protected copyright, and/or trade dress of GYORK&VEIL or their respective owners, and may not be copied, reproduced, imitated, or used, in whole or in part, without GYORK&VEIL’s express prior written consent.
5. Your Account
In order to purchase products or services through the use of the Sites, you must establish an account with GYORK&VEIL. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your current account. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your account or your account password.
6. Terms of Sale
All product sales from the Sites are governed by any terms of sale that may be posted on the Sites. You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in GYORK&VEIL’s sole discretion so you should review the terms of sale each time you make a purchase.
7. Electronic Communications
You consent to receive electronic communications from GYORK&VEIL either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites shall satisfy any legal requirement that such communication be in writing.
If you submit any feedback, ideas or materials about our products and services to the Sites, you hereby assign to GYORK&VEIL all right, title and interest in and to such feedback, ideas or materials and waive in favour of GYORK&VEIL all moral rights you could own therein.
Any Content offered or posted on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, GYORK&VEIL reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites, at any time and from time to time.
You agree to defend, indemnify and hold harmless GYORK&VEIL, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney's fees) arising out of your account, your use of the Site, and interactions or dealings with GYORK&VEIL.
11. Links to Third Party Website
The Sites may contain links to websites and other resources operated by third parties other than GYORK&VEIL. Such links are provided solely as a convenience to you. GYORK&VEIL does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
12. Warranties and Disclaimer
IN ADDITION, THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. GYORK&VEIL THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GYORK&VEIL RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE FOR ANY INCONVENIENCE.
13. Limitation of Liability
GYORK&VEIL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
14. Intellectual Property Right Infringement
GYORK&VEIL respects the intellectual property rights of others, and we ask you to do the same. GYORK&VEIL may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for users who infringe the intellectual property rights of others.
If you believe that your work is the subject of copyright infringement, trademark infringement or other intellectual property right infringement and appears on our Sites, please provide GYORK&VEIL’s designated agent the following information:
GYORK&VEIL’s agent for notice of claims of copyright, trademark or other intellectual property right infringement on the Sites can be reached as follows:
Please also note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
15. Governing Law
These terms and conditions are governed by the laws of the province of Quebec and the laws of Canada applicable therein (without regard to conflicts of law principles) and all disputes arising out of or relating to this Agreement are irrevocably submitted to Quebec courts, judicial district of Montreal.
You agree that these terms and conditions and all related documents be drawn up in the English language.
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