Last Updated: May 14, 2019
1. ACCEPTANCE OF TERMS
You represent and warrant to the Operators that you have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside. If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not use the Site. This website is not intended for use by children under the age of 13. We do not knowingly collect or solicit any personal information from children under the age of 13. Should we learn that someone under the age of 13 has provided any personal information to or on this website, we will remove that information as soon as possible.
By using the Site, you agree, without limitation or qualification, to be bound by and to comply with the Terms. If you do not agree, without limitation or qualification, to be bound by and to comply with the Terms, stop using the Site.
Please note, before being allowed to access certain features of the Site or participate in certain activities being run via the Site, you may be required to: (i) register with the Site; and (ii) confirm your acceptance of the Terms by placing a clicking the “I AGREE” button that will appear at the end of these Terms in those circumstances. If you disagree with any provision of the Terms, (i) DO NOT click on the “I AGREE” box and (ii) stop using the Site.
Please note, participating in certain activities available through the Site or accessing certain features of the Site may require you to agree to further terms and conditions.
You represent and warrant to the Operators that your use of the Site will not violate any applicable law or regulation in the province, state, territory or country in which you reside. If you are unable or unwilling to do so, stop using the Site.
2. SIGNING UP FOR CERTAIN FEATURES OR ACTIVITIES
When signing up to access certain features of the Site or participate in certain activities run via the Site, you represent and warrant that any information you provide about yourself is true and that you will maintain and promptly update such information to keep it true and current.
If you are given a username and/or a password for the purpose of accessing certain features of the Site or participating in certain activities run via the Site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that that password is kept confidential. If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform the Operators immediately.
The Operators may, at any time, change any username or password assigned by the Operators to you, and the Operators will notify you when they do so.
If the Operators believe that you have breached the Terms, the Operators reserve the right, in their sole discretion, to restrict, suspend or terminate your access to all or any part of the Site and terminate any licenses granted to you pursuant to the Terms without prior notice and without any liability to the Operators.
3. USE OF THE SITES
You may use the Site for: (i) your own personal, non-commercial use; and (ii) for participating in rewards or other marketing programs offered by the Operators in which you are enrolling or enrolled.
You will not: (i) seek to gain access to any portions of the Site you are not authorized by the Operators to access; (ii) use the Site to impersonate or falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) use the Site to either directly or indirectly interfere with, disrupt or damage the Site, the server(s) on which it hosted, the networks connected to them or any other user’s access to the Site; or (iv) adapt, translate, modify, decompile, disassemble, or reverse engineer any aspect of: (i) the Site; or (ii) any software or technology used in connection with the Site.
Unless otherwise noted, the design and content featured on this Site, including but not limited to all information, links, emails, postings, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, illustrations, product designs, icons, navigational buttons, images, artwork, so called “look and feel”, or other materials accessible on or via the Site (the “General Content”) is owned by the Operators or one or more of their affiliates, or is licensed to the Operators. This Site, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved. This Site and its General Content are intended solely for your personal, noncommercial use. Any use of the Site or the General Content other than for personal, noncommercial purposes is prohibited. You may not: (i) reproduce, publish, transmit, distribute, display, modify, reverse engineer, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of the General Content, or the Site as a whole, or any related software; (ii) use any data mining, scraping, robots or similar data gathering or extraction methods; (iii) manipulate, duplicate or otherwise display this Site or the General Content by using framing or similar navigational technology; or (iv) use this Site or the General Content, including any of the features, tools and services on this Site, for any reason other than for its intended purpose.
The Operators will use reasonable efforts to verify the accuracy of any General Content that they post to the Site, but the Operators do not guarantee the accuracy, integrity or quality of the General Content that the Operators post to the Site. Before using or relying on any General Content, you should take reasonable steps to verify its accuracy, completeness or usefulness: you are using it at your own risk.
Provided that any marks, logos or other legends that appear on the screens are not removed from the printed copies of the screens, you may make or retain a single electronic copy of the General Content or any portion thereof and a single printed copy of individual screens appearing as part of the Site: (i) for your personal, non-commercial use or records; or (ii) to maintain a record of your participation in any rewards or other marketing program offered by the Operators. You may not make or retain any other copies of the General Content or use the General Content for any other purpose. If you make or retain an electronic copy or a printed copy of the General Content or any portion thereof, you acknowledge and agree that no right, title or interest in those materials is transferred to you, and you agree not to change or delete any proprietary notices from such materials. You may not modify, publish, display, transmit, adapt or in any way exploit any item of General Content, without the express prior permission of the Operators and, if the item of General Content was not posted to the Site by the Operators, the contributor of that item. Otherwise, all rights in and to any item of General Content are reserved by the Operators or contributor of that item, as the case may be.
You agree not to use any crawler, spider, bot or other program to extract (in whole or in part) any General Content accessible on or via the Site without the Operators’ express permission to do so.
You agree not to link to any page forming part of the Site other than the home page or the log-in page of a Site without the Operators’ prior written approval.
5. SUBMITTING CONTENT
By submitting or sending feedback, product suggestions or any other material to the Operators (excluding personal information), you grant the Operators a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and to incorporate it in other works in each case irrespective of the form, media, or technology used. You also warrant that any “moral rights” in the material has been waived and that the Operators, their successors and assigns may rely on those waivers.
6. SCREENING AND MONITORING CONTENT
The Operators may, but are not obliged to, review General Content. Even if the Operators do so, the review may not be to your satisfaction. You acknowledge this and the consequence that follows from it: content accessible on or via the Site may include materials that are offensive or otherwise objectionable to you.
The Operators are not obliged, but reserve the right, to monitor some, all, or no areas of the Site from time to time: (i) to verify adherence to the Terms or any other rules, codes of conduct or guidelines posted by the Operators in relation to the Site; or (ii) as required by law.
The Operators reserve the right, in their sole discretion, to reject, refuse to post, remove or block access to any General Content that is available via or on the Site at any time, without notice and without liability.
The Operators reserve the right to communicate with you regarding your use of the Site. You consent to the Operators’ use of any contact information that you provide to them in doing so. The content included in any such communication is deemed to be General Content made available on the Site by the Operators.
Although the Operators have enacted certain safeguards to protect personal information being transmitted to or from the Site in connection with any purchase or other matter, the Operators do not guarantee the security of any such information transmitted to or from the Site. Before using or relying on any means of transmitting any materials including but not limited to personal information to the Operators, you should take reasonable steps to verify that the manner of transmission provides an adequate degree of protection: you are using it at your own risk.
9. LINKS TO THIRD PARTY WEB SITES
The Operators may provide via the Site, or third parties may provide via the Site, links to resources not forming part of the Site. The Operators have no control over such resources. You acknowledge and agree that the Operators are not responsible for the availability of such external resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such resources. You further acknowledge and agree that the Operators will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such resource.
Your correspondence or business dealings with, or participation in promotions of, third parties accessible on or via the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that the Operators will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of any third parties on the Site.
THE SITE INCLUDING ANY GENERAL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE PRECEDING SENTENCE, THE OPERATORS SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS WITH RESPECT TO THE SITE, GENERAL CONTENT OR OTHERWISE ARISING FROM THE TERMS INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING AVAILABILITY, ACCURACY, APPROPRIATENESS, COMPLETENESS, RELIABILITY, TIMELINESS, SECURITY OR USEFULNESS; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the preceding paragraph, the Operators do not warrant that the Site or any General Content: (i) will be available at all times; (ii) will operate without errors; (iii) will be accessible regardless of the hardware or software that you wish to employ to access it; (iv) is absolutely secure, notwithstanding the Operators’ use of commercially reasonable efforts to secure it; or (v) is free from viruses or other harmful code, notwithstanding the Operators’ use of commercially reasonable efforts to identify and eliminate such code.
All exclusions of responsibility or liability set out in this agreement are made to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on how long an implied warranty may last. If any jurisdiction having applicability to the Terms does not permit any such exclusion or limitation, the Operators’ total liability to you in connection with any breach of such a warranty will be subject to section 11 entitled “LIMITATION OF LIABILITY”.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL THE OPERATORS, THEIR REPRESENTATIVES OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THE SITE, ANY GENERAL CONTENT OR THE TERMS, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOST DATA, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY YOU OR ANY OTHER PERSON.
IN NO EVENT WILL THE OPERATORS BE LIABLE TO YOU OR ANY PERSON WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING TWO PARAGRAPHS, THE LIMIT ON THE TOTAL CUMULATIVE LIABILITY OF THE OPERATORS (INCLUDING THEIR REPRESENTATIVES AND SUPPLIERS) TO YOU OR ANY PERSON, FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SITE, ANY GENERAL CONTENT OR THE TERMS, WILL NOT EXCEED $50.00.
The limitations set out in the preceding three paragraphs will apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence, gross negligence or other tort, and will survive a fundamental breach or failure of essential purpose of any limited remedy or the Terms.
Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to the Terms does not permit any such exclusion or limitation, the Operators’ total liability to you in connection with any incidental, special or consequential damages will be limited by the third paragraph of this section.
To the extent permitted by applicable law, you acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising from or relating to the Site, any General Content or the Terms must be filed within one year after such claim or cause of action arises or be permanently barred.
You agree to indemnify the Operators, their representatives and suppliers, and hold them harmless from any and all claims, losses and expenses, including attorney’s fees, arising from or relating to your use or misuse of the Site or any General Content, or from any person’s use of any account or password you maintain in relation to the Site, regardless of whether such use is authorized by you, or from any breach by you of any of the Terms.
13. INTELLECTUAL PROPERTY INFRINGEMENT
It is the policy of the Operators to investigate and respond to claims of intellectual property infringement.
If you believe that any materials posted to the Site infringe your copyright in a jurisdiction, to the extent that the applicable law of that jurisdiction has a notice and take-down scheme or a notice and notice scheme, the Operators will act promptly in accordance with such law and scheme upon receipt of any notice alleging infringement that complies with the scheme.
Where such copyright infringement occurs in the United States, such notice to the Operators must comply with the Digital Millennium Copyright Act (the “DMCA”) and must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA notices is:
- Mother Parker’s Compliance Officer
Please put “Notice of Infringement” in the subject line of all such notifications.
Please note that this procedure is exclusively for notifying the Operators that you believe your copyrighted material has been infringed.
It is the Operators’ policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.
14. TERM AND TERMINATION
The Terms will continue in effect for as long as you use the Site, unless specifically terminated earlier by the Operators or you. You may terminate the Terms by instructing the Operators to disable any username or password for the Site assigned to.
Upon the termination of the Terms, you will: (i) stop using the Site; and (ii) destroy any General Content in your possession.
15. GENERAL TERMS AND CONDITIONS
The Terms (and each document incorporated by reference in the Terms) constitute the complete and exclusive agreement between you and the Operators with respect to their subject matter, and supersede and replace any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding your use of the Site and the General Content.
No provision of the Terms will be deemed to be waived by reason of any previous failure to enforce it. No provision of the Terms may be waived except in a writing signed by the party waiving enforcement.
Should any provision of the Terms be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.
The Operators and you are independent contractors and the Terms will not establish any relationship of partnership, joint venture, employment, franchise or agency between the Operators and you. Neither the Operators nor you will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.
The Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to the conflict of laws provisions. You agree to submit to the jurisdiction of the courts of the Province of Ontario for the conduct of any legal proceedings under, or related to, the Terms.
The Operators will not be liable for any failure or delay in their performance under the Terms due to any cause beyond their reasonable control.
The Operators may assign the Terms, in whole or in part, at any time with or without notice to you. You may not resell, assign, sublicense or otherwise transfer your rights or delegate your duties under the Terms, either in whole or in part, without the prior written consent of the Operators.
Any notice or other significant communication given to you pursuant to the Terms will be in writing, addressed to any email address or address that you provided to the Operators when registering (as updated by you in accordance with section 3 (SIGNING UP FOR CERTAIN FEATURES OR ACTIVITIES) and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given by you to the Operators pursuant to the Terms will be in writing and sent to the Operators via the “Contact Us” section of the Site. Notices will be deemed to have been received three business days following your submission using this mechanism.
The headings used in the Terms are for convenience of reference only. No provision of the Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout the Terms, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation”.
16. VIOLATIONS OF THE TERMS
Should you violate the Terms or any other rights of the Operators, the Operators reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, restricting, suspending or terminating your access to all or any part of the Site.
If you are aware of any violations of the Terms, please report them to Mother Parker’s’ Compliance Officer at the following email address: firstname.lastname@example.org.
17. CHANGES TO THE TERMS
The Operators may change the Terms from time to time and at any time. When the Operators change the Terms, they will: (i) post the updated version of the Terms on the Site together with the date on which they were revised; and (ii) post a notice that the Terms have been updated on the home page for the Site for at least four weeks following any change to the Terms.
As well, the Operators may, but are not obliged to, ask you to actively confirm your consent to the revised Terms. If the Operators do not do so, but you continue to use any Site after the changes come into effect, you will be deemed to have agreed to abide by the revised Terms. If you do not agree with the revised Terms without qualification, stop using the Site and instruct the Operators to disable any password for the Site assigned to you.
The Operators reserve the right, in their sole discretion, to change or modify the Site from time to time including but not limited adding or removing functionality or features or changing its name.