TodayOnSales is the owner and operator of this website. The terms “we,” “us,” and “our” refer to TodayOnSales throughout the site. TodayOnSales provides you, the user, with this website, as well as any information, tools, and services available through this site, conditioned on your acceptance of all terms, conditions, policies, and notices contained here.
You agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including such other terms and conditions and policies linked herein and/or available by hyperlink, by visiting our site and/or purchasing something from us. These Terms of Service apply to all site users, including but not limited to browsers, vendors, consumers, merchants, and/or content contributors.
Before accessing or using our website, please read these Terms of Service carefully. You agree to be bound by these Terms of Service by accessing or using any element of the site. You may not visit the website or use any services if you do not agree to all of the terms and conditions of this agreement. Acceptance is solely restricted to these Terms of Service if these Terms of Service are considered an offer.
The Terms of Service will apply to any new features or tools that are added to the current shop. On this page, you can examine the most recent version of the Terms of Service at any time. By making updates and/or changes to our website, we retain the right to update, amend, or replace any portion of these Terms of Service. It is your duty to check this page for updates on a regular basis. Following the publishing of such modifications, your continued use of or access to the website implies acceptance of those changes.
Shopify Inc. hosts our online store. They provide us with an online e-commerce platform via which we may sell our goods and services to you.
SECTION 1 – ONLINE STORE TERMS
You signify that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your agreement to allow any of your minor dependents to use this site, by agreeing to these Terms of Service.
You may not use our products for any illegal or unauthorized purpose, and you may not break any laws in your jurisdiction by using the Service (including but not limited to copyright laws).
You must not send any worms, viruses, or any other disruptive programming.
Any breach or violation of the Terms will result in your Services being immediately terminated.
SECTION 2 – GENERAL CONDITIONS
We have the right, at any moment, to refuse service to anybody for any reason.
You acknowledge that your content (except credit card information) may be transmitted in an unencrypted format and that it may include (a) transmissions across different networks; and (b) modifications to conform and adapt to technical requirements of connected networks or devices. Whenever credit card information is sent over the internet, it is always encrypted.
Without our express written consent, you undertake not to replicate, duplicate, copy, sell, resell or exploit any component of the Service, use of the Service, or access to the Service or any contact on the website through which the service is given.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online via the website. These products or services may be in limited supply and are only returnable or exchangeable in accordance with our Return Policy.
We have made every attempt to display the colors and images of our products that show in the store as precisely as possible. We cannot guarantee that the color seen on your computer monitor is correct.
We reserve the right, but not the obligation, to limit our product or service sales to any individual, geographic location, or jurisdiction. On a case-by-case basis, we may exercise this power. We have the right to limit the number of products or services we offer at any time. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. At any time, we have the right to discontinue any product. Any offer made on this site for a product or service is invalid where prohibited.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
Any orders you place with us is subject to our discretion. We reserve the right to limit or cancel quantities purchased per person, per household, or per order at any time. Orders placed by or under the same customer account, the same payment card, and/or orders that use the same billing and/or shipping address may be subject to these restrictions. We may seek to tell you if we make a change to or cancel an order by contacting the e-mail address and/or billing address/phone number supplied at the time the purchase was placed. We have the right to limit or reject orders that appear to be placed by dealers, resellers, or distributors in our sole discretion.
For any purchases made at our store, you agree to provide current, complete, and accurate purchase and account information. You agree to keep your account and other information up to date, including your email address, credit card numbers, and expiration dates, so that we can process transactions and contact you as needed.
Please see our Returns Policy for more information.
SECTION 7 – OPTIONAL TOOLS
We may give you access to third-party tools over which we have no control or input, and which we do not monitor.
You understand and agree that we provide access to such tools “as is” and “as available,” with no warranties, representations, or terms of any kind and no endorsement. We will not be liable for any damages resulting from or related to your use of optional third-party tools.
You should check that you are aware with and approve of the conditions under which tools are given by the appropriate third-party provider before using any optional tools offered through the site (s).
We may also provide new services and/or features through the website in the future (including, the release of new tools and resources). These Terms of Service will also apply to any additional features or services.
SECTION 8 – THIRD-PARTY LINKS
Third-party materials may be included in some of the information, goods, and services offered via our Service.
This site’s third-party links may take you to websites that are not linked with us. We are not responsible for inspecting or analyzing the content or accuracy of third-party materials or websites, or for any other materials, goods, or services provided by third-parties, and we do not warrant and will not have any duty or obligation for them.
We may give you access to third-party tools over which we have no control or input, and which we do not monitor.
You understand and agree that we provide access to such tools “as is” and “as available,” with no warranties, representations, or terms of any kind and no endorsement. We will not be liable for any damages resulting from or related to your use of optional third-party tools.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall TodayOnSales, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless TodayOnSales and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Quebec, Canada.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent by contacting us.
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