TIARA BLISS INC.
TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY before accessing or using our website and our services. By accessing or using any part of the website, you agree to be bound by the terms and conditions set forth herein. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any of our services.
1. This Agreement. You agree to be bound by the following terms and conditions (referred to variously as the “Terms of Service”, the “Terms”, or the “Agreement”), including all additional terms and conditions and policies referred to herein, which form a part of this Agreement, each time you access our website (the “Site”) and/or purchase something from us.
2. Applicable Definitions.
“Site” means this website, which is administered and managed by TIARA BLISS INC.
“Terms of Service”, “Terms” and “Agreement” mean the terms and conditions applicable to this Site as provided herein, and any changes that we may make to any or all of it, to which all users of the Site agree when they access the Site.
“You” means the individual who has accessed this Agreement.
"We", "us" and "our" mean TIARA BLISS INC. and our affiliates and our respective directors, officers, employees and agents.
3. Applicability of Terms. These Terms of Service apply to all users of the Site, including without limitation customers, service providers and any other person who visits the Site. We reserve the right to update, change or replace these Terms of Service and/or the Site, in whole or in part, at any time. It is your responsibility to check this page regularly for any changes that we may make to these Terms of Service. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of such changes.
4. Accuracy, Completeness and Timeliness of Information. Your reliance on information on the Site, including images displayed, is at your own risk. We are not responsible for any information on the Site that is not accurate, complete or up-to-date, or that contains errors or omissions that relate to product descriptions, pricing, promotions, offers, shipping charges, delivery times and availability. We reserve the right, but have no obligation, to correct any such inaccuracies, errors or omissions, and to change or update information or cancel orders if any such information is inaccurate at any time without prior notice (including after you have submitted your order). While we endeavor to display images on the Site as accurately as possible, we cannot guarantee that the display of any image on your computer monitor will be accurate. We do not represent or guarantee that information on the Site has been modified or updated or is otherwise accurate. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property rights or these Terms of Service.
5. Availability of Products, Your Information, Returns. We reserve the right to offer our products and/or services exclusively online through the Site. Our products or services may be available only in limited quantities and we reserve the right, in our sole discretion, to limit the sales of our products and services to any person, geographic region or jurisdiction, or refuse any order you place with us, or limit or cancel quantities purchased per person, per household or per order. If we limit your or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number you provided when you placed your order. If you are a retailer, wholesaler, dealer, reseller or distributor and wish to carry our products for sale to your customers, please contact us at [email@example.com]. With the exception of personal hygiene products such as the Tiara Shower Cap, which cannot be returned or exchanged, all products purchased through the Site are subject to return or exchange in accordance with our return policy. Offers for any product or service made on the Site are void where prohibited.
6. Changes to Products and Prices. We reserve the right, at any time without notice: (a) to modify or discontinue our products and services, in whole or in part; and, (b) to change the prices for our products and services. We shall not be liable to you or to any other person for any modification, price change, suspension or discontinuance of our products and/or services.
8. User Submissions. If you send us comments or feedback, or any creative concepts, ideas, suggestions, proposals, plans, or other materials (“User Materials”), whether solicited by us or not, you agree that we may, at any time, without restriction, reproduce, copy, edit, publish, distribute, translate and otherwise use in any medium any such User Materials, in whole or in part, without any obligation on our part to maintain any such User Materials in confidence, pay you or any other person any compensation, or to provide you with any response, acknowledgement, credit or otherwise in respect thereto. You hereby assign to us to the fullest extent permitted by law all your rights is such User Materials, including all moral rights and other intellectual property rights. You agree that the User Materials will not violate any right of any third party, including any copyright, trademark, patent, license, privacy, personality or other personal or proprietary right. You are solely responsible for all User Materials you submit and you may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any other user of the Site as to the origin of any User Materials. We take no responsibility and assume no liability for any User Materials sent to us or posted on the Site by you or any other person.
9. General Terms. Your agreement to these Terms also constitutes your agreement to the following:
(a) You are at least the age of majority in your state or province of residence and any of your minor dependents who use this Site have your consent to such use;
(b) You understand that content you submit (not including credit card information) may be transferred unencrypted and involve (i) transmissions over various networks and (ii) changes to conform and adapt to technical requirements of connecting networks or devices (credit card information is always encrypted during transfer over networks);
(c) You will not reproduce, duplicate, copy, sell, resell or exploit any of our products or services, or this Site, in whole or in part, without our express written permission;
(d) You will not use our products or services for any illegal or unauthorized purpose (including, but not limited to, soliciting others to perform or participate in any unlawful acts or to violate any laws prohibiting you from infringing upon or violating our intellectual property rights or the intellectual property rights of others);
(e) You will not transmit to, on or through the Site any messages, material or information of an obscene, offensive, derogatory,libelous, pornographic or inflammatory nature, or for an obscene or immoral purpose;
(f) You will not use the Site or any content thereon, or post any content thereon, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(g) You will not upload or transmit to, on or through the Site any worms, viruses or any other type of malicious code, or anything else of a destructive nature or otherwise, that will or may be used in any way that will affect the functionality or operation of the Site, any other websites, or the Internet; and,
(h) You will not use the Site to collect or track personal information of any other person, or to spam, phish, pharm, pretext, spider, crawl, or scrape.
You understand and acknowledge that, notwithstanding anything in these Terms of Service to the contrary, a breach or violation of any of the terms and conditions in this Section 9 will result in an immediate termination of your right to access the Site and purchase our products and services.
11. Site Ownership and Trademarks. The Site, including each of its modules and the arrangement and compilation of the content found on the Site, is the copyrighted property of TIARA BLISS INC. In addition, the trademarks, logos and service marks displayed on this Site (collectively, the "Trademarks") are the registered and common law trademarks and service marks of TIARA BLISS INC. and its affiliates. Nothing contained on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of TIARA BLISS INC.
12. Disclaimers. YOU AGREE AND ACKNOWLEDGE THAT THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE BEING OFFERED TO YOU "AS IS" AND “AS AVAILABLE” WITH NO WARRANTIES OR GUARANTEES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIARA BLISS INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ALTHOUGH [TIARA COMPANY LEGAL NAME] INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, TIARA BLISS INC. DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE SITE IS OR WILL BE FREE OF SUCH DESTRUCTIVE MATERIALS. IN ADDITION, TIARA BLISS INC. DOES NOT WARRANT OR REPRESENT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND TIARA BLISS INC. DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE SITE. YOU FURTHER AGREE THAT FROM TIME TO TIME WE MAY, IN OUR DISCRETION, WITHOUT ANY NOTICE TO YOU, SHUT DOWN THE SITE FOR AN INDEFINITE TIME PERIOD OR CANCEL IT IN ITS ENTIRETY, OR SUSPEND OR CANCEL THE OFFER OF PRODUCTS AND SERVICE THROUGH THE SITE.
13. Limitation of Liability. IN NO CASE SHALL TIARA BLISS INC. OR OUR AFFILIATES, OR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS (COLLECTIVELY, THE “TIARA ENTITIES”), BE LIABLE FOR, AND YOU HEREBY WAIVE ANY CLAIMS AGAINST THE TIARA ENTITIES FOR, ANY AND ALL DAMAGES WHATSOEVER (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING IN CONNECTION WITH THE SITE OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, OR YOUR PURCHASE OR OTHER PROCUREMENT OF PRODUCTS OR SERVICES ON OR THROUGH THE SITE, OR YOUR USE OF ANY PRODUCTS OR SERVICES PROCURED BY YOU ON OR THROUGH THE SITE, EVEN IF THE TIARA ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES. IN ANY JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, THE LIABILITY OF THE TIARA ENTITIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Termination. Your access to and use of the Site is subject to these Terms of Service. These Terms of Service are effective unless and until terminated by either you or us. Any failure by you to comply with these Terms of Service, any fraud or abuse by you relating to the access to or use of the Site or your procurement of products or services through the Site, or any misrepresentation of any information furnished by you to TIARA BLISS INC. or anyone acting on your behalf, may result in the termination of your ability to use the Site or purchase products or services through the Site. In addition, we reserve the right to take appropriate legal action to recover damages, including attorneys' fees, incurred in prosecuting any lawsuit arising out of your wrongful conduct. You also may terminate these Terms of Service at any time when you cease using the Site. All obligations and liabilities to us that you incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
16. Entire Agreement. This Agreement and all rules, policies and procedures published by us on the Site or in respect of our products and services constitute the entire agreement and understanding between you and us in respect of (a) your access to and use of the Site, (b) our products and services and (c) our provision of such products and services to you. This Agreement supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written (including, but not limited to, all prior versions of these Terms), between you and us in respect of the subject matter on and of the Site including, but not limited to, our products and services. A waiver of any of these Terms will be effective only if in writing and signed by you and us. Our failure to exercise or enforce any right or provision contained herein shall not constitute a waiver of such right or provision.
17. Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, (a) such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, (b) the unenforceable portion shall be deemed to be severed from these Terms of Service, and (c) severance of such unenforceable portion shall not affect the validity and enforceability of any other remaining provisions.
18. Governing Law and Jurisdiction. Any disputes in connection with these Terms of Service and any of our products or services shall be governed by the laws of the Province of Ontario, excluding Ontario choice of law provisions, and you agree to the jurisdiction of the courts in Toronto, Ontario, to resolve any dispute in connection with this Terms of Service and/or your access to and use of the Site.
19. Contact Information. Questions about these Terms of Service, the Site, our products and services, and any other matter, should be sent to us at firstname.lastname@example.org.
NOTHING IN THESE TERMS OF SERVICE CONSTITUTES OR SHALL BE CONSIDERED AN OFFER.
This website is operated by TIARA BLISS INC.
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