Welcome to the official website (the “Website”) of Smitty's Furniture & Appliances (“Retailer”). Please read these terms and conditions (this “Agreement”) carefully as they govern your access and use of the Website. Please note that your use of the Website constitutes your agreement to follow and be bound by the terms of this Agreement. If you do not agree to this Agreement, please do not use this Website. Retailer may revise this Agreement at any time, at its sole discretion, by posting an amended Agreement on the Website. Any changes that Retailer makes to this Agreement will be effective immediately upon posting.
The Website and all of its content is the property of Retailer and third parties and is protected under applicable copyright and trade-mark law. The names and logos identifying the Website and Retailer and its products and services are either trade-marks of Retailer or trade-marks which Retailer is licensed to use. Except as expressly provided herein, nothing shall confer on you any licence of any such mark or of any other intellectual property right of Retailer or any third party.
2. Limited Licence and Restrictions
You may not use the Website if you live in a jurisdiction where access to or use of the Website may be illegal or prohibited by applicable law. You agree that the material and content contained on the Website is made available to you for your lawful, personal and non-commercial use and that you may only download such material and content for the purpose of viewing the Website from a single personal computer. You agree that any other use of the material and content of the Website is strictly prohibited and you agree that it is strictly prohibited and is a violation of Retailer’s and its licencors’ intellectual property rights to copy, reproduce, transmit, modify, publish, display, distribute, commercially exploit or create derivative works of material and/or content from the Website, or to assist or facilitate any third party to do the foregoing, without Retailer’s and its licencors’ written permission.
Retailer shall be entitled to terminate your permission to use the Website and/or shall be entitled to terminate the operation of the Website at any time, without notice.
4. Your Conduct
You warrant and undertake that in your use of the Website you shall:
(a) use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by, any third party;
(b) not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;
(c) not transmit or distribute any material or information which contravenes any applicable law or any person's legal rights; and
(d) use current virus monitoring software when using the Website.
Retailer endeavours to present the most recent, most accurate, and most reliable information on the Website at all times. However, there may be occasions when some of the information may contain incomplete data, typographical errors, or inaccuracies, including incorrect specifications for products. Retailer presents its content “as is” and Retailer makes no claims to its accuracy, either expressed or implied. Retailer reserves the right to amend errors or to update product information at any time without prior notice. Retailer does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete. In the event a product is listed at an incorrect price due to error, Retailer shall have the right to refuse any orders made for products listed at the incorrect price.
Retailer has made every reasonable effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours of its products may vary. Variations may exist in the actual colour of its products. Additionally, your computer monitor may inaccurately display the colour. For these reasons, Retailer cannot guarantee that the colour of its products will be accurately displayed on the Website.
Many featured items are selected in limited quantities, may not be available in all of Retailer’s stores and only available while supplies last.
8. Pricing Information
The prices displayed on the Website are quoted in Canadian Dollars. Retailer’s store may also have different prices or promotional events at different times. Retailer cannot confirm the price of a product until your order is accepted by it.
Any advertisements on the Website are invitations to you to make offers to purchase products and services and are not offers to sell.
THE WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT OF THE WEBSITE AND/OR ITS CONTENTS. RETAILER AND ITS AFFILIATES, LICENCORS, SUPPLIERS, ADVERTISERS, SPONSORS AND THEIR RESPECTIVE AGENTS DISCLAIM ALL REPRESENTATIONS, TERMS, CONDITIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO, THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WARRANTIES AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
11. EXCLUSION OF LIABILITY
NEITHER RETAILER NOR ANY OF ITS AFFILIATES, LICENCORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY RETAILER OR ANY PERSON FOR WHOM RETAILER IS RESPONSIBLE EVEN IF RETAILER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. EXCLUSIVE REMEDY
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF RETAILER AND ITS AFFILIATES, LICENCORS, SUPPLIERS, ADVERTISERS OR SPONSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH), ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT SHALL BE $100.
13. Linking, Framing and Data Mining
Retailer makes no representations whatsoever about any other websites which you may access through the Website or which may link to the Website. Links to the Website without the express written permission of Retailer and its Licensors are strictly prohibited. When you access any other website you understand that it is independent from Retailer and that Retailer has no control over the content or availability of that website. In addition, a link to any other site does not mean that Retailer endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited.
While Retailer welcomes your comments and feedback regarding the Website and Retailer’s products and services, Retailer does not wish to receive any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to Retailer shall become and remain the property of Retailer. To the extent that ownership of such submissions does not vest with Retailer, you grant Retailer a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable right to exploit, in any way, commercially or otherwise, such submissions, with the right to sub-license. Any disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission.
You agree to indemnify, defend, and hold harmless Retailer, its officers, directors, employees, agents, affiliates, licencors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from (a) any violation of these terms and conditions, (b) any allegation that any information or material submitted by you to Retailer violates any intellectual property, proprietary, contract, or other right of any third party, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
Unless otherwise specified, the materials on this website are displayed solely for the purposes of promoting Retailer's products available in Canada and Retailer makes no representation that any products or services referred to in the Website are appropriate for use in or available for delivery to other locations outside of Canada. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
17. Login Credentials
Parts of the Website may only be accessible only to users who have been issued a login name and password (collectively "Credentials
") by Retailer. For the purposes of accessing the Website, the Credentials remain the property of Retailer and may be cancelled or suspended at any time by Retailer in its discretion without any notice or liability to you or any other person. Retailer is not under any obligation to verify the actual identity or authority of any person using Credentials to access and use the Website. Retailer may act upon any communication that is given with the use of Credentials. If you have been issued Credentials: (i) you are fully responsible and liable for the security of the Credentials and any and all use and misuse of the Credentials; (ii) you will keep the Credentials secure and confidential at all times and not disclose the Credentials to any other person or permit any other person to use the Credentials; and (iii) you will immediately notify Retailer by email to firstname.lastname@example.org
if you know or suspect that any Credentials have been lost or stolen or become known to or used by any other person.
From time to time Retailer and its suppliers may make contests available on the Website. All contests are governed by this Agreement and the applicable contest rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable contest rules.
19. Entire Agreement
If any of term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
21. Amendments and Waivers
No amendment or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided.
22. Force Majeure
Retailer shall not be liable for any breach of this Agreement by it to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of Retailer.
23. Applicable Law
This Agreement shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Manitoba and the federal laws of Canada applicable therein, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.
The parties hereto have expressly requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ont expressément requis que les présentes et tout document y affèrent soient rédigés en langue anglaise.