THE ISHOPATHOME TERMS & CONDITIONS
By visiting and using iShopathome.ca, you are consenting to our terms & conditions.
The terms “we”, “us”, “our” and “ISHOPATHOME” refers to iShopathome.ca The term “site” refers to the iShopathome.ca website.
The term “user”, “you”, “your”, “visitor”, “member”, “registered user” refers to sites visitors, customers and any other users of the site. By using the Site, Service and/or ordering a product on the Site, you acknowledge that you have read, understood, and agree to these Terms and Conditions. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, without notice to you. If you do not agree to any of these terms, then please do not use the Site.
USE OF THE SITE
Information provided on the Site and in the service related to advertising, membership, marketing, sales, small business management and other information are subject to change. We make no representation or warranty that the information provided, regardless of its source is accurate, complete, reliable, current or error-free. ISHOPATHOME disclaim all liability for any inaccuracy, error or incompleteness in the content of the Site. In order to use the Site and Service, you may be required to provide information about yourself and your business, including your name, email address, username and password, and other personal information. You agree that any registration information you give to ISHOPATHOME is accurate, correct, current or error-free. Ishopathome disclaims all liability for any inaccuracy, error or incompleteness in the Content. You may use the Site and Service for lawful purposes only.
The Site is only available for individuals 18 years or older who have the power and authority to enter into these Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, ISHOPATHOME is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if ISHOPATHOME has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall ISHOPATHOME’s cumulative liability to you exceed $100.
REFUSAL OF SERVICE
ISHOPATHOME reserves the right to refuse service to any person or entity without obligation or reason for doing so.
CHANGES IN TERMS & CONDITIONS
We endeavour to deliver our services to you as accurately and timely as possible to your full satisfaction. However, we reserve the right to amend, cancel or modify our content, price (as market changes), and terms and conditions without notice to you.
CANCELLATIONS & REFUNDS
Due to the nature of our online services, all sales are final except for our monthly advertising subscription. If you like to cancel your monthly subscription you have with us, you can do so at anytime through our payment gateway—Paypal.
THIRD PARTY WEBSITES & RESOURCES
ISHOPATHOME may contain links to third-party websites and resources. Links to such websites do not in any way imply endorsement or affiliation with ISHOPATHOME. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. You do so at your own risk and you acknowledge sole responsibility for and assume all risk arising from your use of any such website and resources. The purpose of this website is to provide you resources, education and advertising only.
MATERIALS YOU SUBMIT TO THE SITE
Please do not upload, post or otherwise make available to the Site any artwork, photos, or other materials protected by copyright, trademark or other proprietary right without express permission of the owner of the copyright, trademark or proprietary right. The burden and liability of such violation rests entirely with you. For all Materials submitted to by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties. ISHOPATHOME serve the right to remove from the Site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
ISHOPATHOME INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by ISHOPATHOME, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the ISHOPATHOME name, logo, all designs, texts, graphics, other files and the selection and arrangement thereof.
You shall indemnify and hold us harmless form and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you or any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in New York. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be New York, New York. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
ENTIRE AGREEMENT; WAIVER; HEADINGS
This Agreement constitutes the entire agreement between you and ISHOPATHOME pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by ISHOPATHOME shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by ISHOPATHOME. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.