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Last Updated: June 18, 2019
This Site is intended for and directed to residents of Canada and the United States over the age of 18 years.
Nothing in these Terms grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.
The use or misuse of any trade-marks or any other Content on the Site except as provided in these Terms is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.
By submitting the User Content you declare and warrant that you own or have the necessary rights to submit the User Content and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Content and comply with these Terms. You represent and warrant that all User Content comply with applicable laws and these Terms.
You understand and agree that you, not Off The Wall On The Fence, are fully responsible for any User Content you submit, and you are fully responsible and legally liable including to any third party for such User Content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Content submitted by you or any other user of the Website.
Content on the Site is provided for your general information purposes only and to inform you about us and our products and services. It does not constitute technical or any other type of advice and should not be relied on for any purpose.
While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site.
The colour of printed products may vary from what is displayed on your monitor. This is considered normal and is due to differences in the way in which colour is presented on a monitor and in print. As a result, we do not guarantee that the colour of a printed product will match the colour of the photograph when displayed on a monitor. If you are unsatisfied with the colour of your product, your sole remedy is to return it in accordance with our return policy described above.
To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site.
We will not be liable for any loss or damage arising out of or in connection with your use of the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.
If, notwithstanding the previous provision, we are found liable to you, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the use of any Content) exceed the greater of the total amount paid by you to us for the order which is the subject of the claim (exclusive of shipping and handling, taxes and customs charges, taxes or duties), and (b) One Hundred Canadian Dollars ($100.00 CAD).
If you and Off The Wall On The Fence are unable to settle the Dispute by negotiation, the Dispute shall be finally resolved by arbitration under the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. (the “Institute”). The arbitration shall be conducted by a single arbitrator selected by the Institute. The costs of the arbitrator shall be divided equally between the parties. The arbitration shall be held in Toronto, Ontario. The language of the arbitration will be English.
If any part of these Terms is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.
These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to any conflict of law provisions.
17.1 The parties acknowledge that they have required that these Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.