Terms and Conditions

Terms and Conditions

General

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Your use of our website is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using our website, you signify your acceptance of these Terms and Conditions.

Dick n' Jane's may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on our website. Your continued use of the our website signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.

Ownership

The web site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of Dick n' Jane's, and/or its various subsidiaries and affiliates ("Third Parties"). None of the content found on our website may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Dick n' Jane's and/or the applicable Third Parties.

Unless otherwise noted, all materials that are part of the Site (collectively, the "Contents") are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Dick n' Jane's and/or the applicable Third Parties. Nothing contained on our website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Dick n' Jane's or such other party that may own the applicable trademarks.

Use of site

Neither our website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Dick n' Jane's, except that you may download, display and print the content presented on our website for your personal, non-commercial use only. Unauthorized use of our website and/or the content contained on our website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited.

You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

The website is not intended for use by children under the age of 19. Use of the our website is void where prohibited by applicable law.

In its sole discretion, in addition to any other rights or remedies available to Dick n' Jane's and without any liability whatsoever, Dick n' Jane's at any time and without notice may terminate or restrict your access to any component of our website.

Privacy

You have read the Dick n' Jane's Privacy Policy, the terms of which appear on our website and are incorporated into these Terms and Conditions, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by Dick n' Jane's and/or Third Parties in accordance with the terms of and for the purposes set forth in the Dick n' Jane's Privacy Policy.

Feedback

Dick n' Jane's enables visitors to our website to provide Dick n' Jane's with feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant Dick n' Jane's a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant Dick n' Jane's the right to use the name you submit with the Customer Content, if any, in connection with Dick n' Jane's's rights hereunder.

Liability Disclaimer

Except as explicitly provided in these Terms and Conditions as amended from time to time, Dick n' Jane's and the Third Parties make no representations or warranties of any kind, express or implied, regarding our website and/or any content provided on our website, all of which are provided on an "as is" and "as available" basis. Dick n' Jane's and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of our website, or any of the content or data found on our website, and expressly disclaim all warranties and conditions in respect of our website, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

Dick n' Jane's and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

Dick n' Jane's and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on our website or your downloading of any materials, data, text, images, video or audio from our website.

In no event shall Dick n' Jane's or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of our website or content found herein, the operation of the web site, or any failure or delay in the operation of the website even if advised of the possibility of damages.

Indemnification

You shall indemnify and save harmless Dick n' Jane's and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of our website.

Links

The website contains links to web sites owned or operated by other entities which are not associated or affiliated with Dick n' Jane's or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Dick n' Jane's or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. Dick n' Jane's and the Third Parties shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk. Framing of our website or any of its content in any form and by any method is strictly prohibited.

Governing Laws

This Agreement and its performance shall be governed by the laws of the Province of British Columbia, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Trail, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of our website and these Terms and Conditions.

Additional Terms

Additional terms and conditions may apply to specific web site functions available on our website.

Severability

These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Headings

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

Entire Agreement

These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Dick n' Jane's as set forth above.

English Language

The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.