Cassis - Wear Your Wow

USAGE AGREEMENT
USE OF THIS WEB SITE

This web site is owned by Cassis, a division of Reitmans (Canada) Limited (hereinafter “Cassis”), and is operated for your personal non-commercial use and information. Your use of this web site (the “Site”) is subject to the following terms and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use the Site. You are responsible ensuring that your access to the Site and material available on or through it is legal in each jurisdiction in or through which you access or view the Site or such material. THE SITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.

PRIVACY
Ou privacy practices are explained in our Privacy Policy, which also governs your visit to the SiteYour continued use of the Site implies that you acknowledge that you have read our Privacy Policy and agree to be bound by and accept its terms and conditions. You consent to the use of your personal information by Cassis in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.

PRODUCT INFORMATION
THE PRODUCTS AVAILABLE FOR SALE AND/OR DISTRIBUTION BY CASSIS ARE AVAILABLE ONLY IN CANADA AND THE SITE IS DIRECTED ONLY AT CANADIAN CUSTOMERS AND PROSPECTIVE CUSTOMERS. Cassis and its affiliates attempt to be as accurate as possible in describing all products available for sale and/or distribution by Cassis. However, Cassis does not warrant that product descriptions or other content of the Site are accurate, complete, reliable, current or error-free. PRICE AND AVAILABILITY INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES QUOTED ARE IN CANADIAN DOLLARS.

JURISDICTION
The Site is controlled and operated by Cassis from Montreal, Quebec, Canada. Cassis makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

EXCLUSION OF WARRANTIES
Cassis makes no representation or warranty regarding the functionality, the good working order or condition of the Site, its suitability for use, or that its use will be uninterrupted or error-free. Cassis does not represent, warrant or undertake that any errors on or relating to the Site will be corrected, or that any server from which the Site is operated is or will be free from viruses or other harmful components. Cassis does not represent or warrant that the information or material, including any downloadable software, accessed from or through the Site will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected. ALL MATERIAL OR INFORMATION ON THE SITE IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, “AT YOUR SOLE RISK AND PERIL” AND WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED. CASSIS AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.

LIMITATION OF LIABILITY
CASSIS WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and accessing the Site. Because certain federal or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.

LINKS
Links and references to other web sites are provided to you as a convenience only. Cassis has not reviewed and does not expressly or implicitly endorse other web sites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other web sites, information or material posted thereon, or products or services offered thereon. You may not create links from other web sites to the Site, unless if expressly permitted by Cassis. (To obtain permission, contact our Site administrator at info@cassis.ca .

DAMAGE TO OTHERS
You agree not to introduce into or through the Site any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

COPYRIGHTS AND TRADEMARKS
Material on the Site, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by Cassis, and Cassis does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on the Site is protected in Canada and in other jurisdictions by applicable legislation and by virtue of applicable international treaties. Consequently, the material on the Site may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of Cassis. Trademarks, logos, icons, graphics, designs and service marks (collectively, “Marks”) displayed on the Site are registered or unregistered Marks of Cassis or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in the Site is to be interpreted as conferring a right to use the Marks or the material protected by applicable copyright or trademark legislation.
Notwithstanding the foregoing, Cassis authorizes you to make one electronic or paper copy of the information posted on any page of the Site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that Cassis’ copyright notice appears on any copy and that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on the Site. This license does not include any resale of the Site or its contents; any collection of product listings, descriptions or prices; any other derivative use of the Site or its contents; any downloading, uploading, copying, redistributing, reproducing or republishing, in any form, of any information for the benefit of any person; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Cassis and its affiliates without express written consent of Cassis. You may not use any meta tags or any other “hidden text” utilizing Cassis’ name or trademarks without the express written consent of Cassis. Any unauthorized use of the Site and/or its contents terminates the permission or license granted by Cassis and its affiliates and may be a violation of statutory or common law rights which could subject the violator to legal action.

CONFIDENTIALITY OF THE INFORMATION TRANSMITTED
You acknowledge that information or material which you provide electronically through your access to or usage of the Site is not confidential or proprietary, except as may be required under applicable law or pursuant to Cassis’ Privacy Policy, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material which you provide electronically to Cassis by accessing or using the Site does not infringe the rights of any other person or entity.

ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COOKIES
Cookies are small data files that a web site stores on your computer’s hard drive or in random access memory when you are viewing the web site.  They keep a record of your preferences making your subsequent visits to the web site more efficient.  In certain cases, this information is only kept during the session and is deleted when you close your browser.  In other cases, the information is stored on your hard drive and, upon your next visit to the web site, the cookies are used to recall such information.  Cookies may store a variety of information, including, a unique user ID that can be used to track the pages of the web site you’ve visited and the number of times that you view a particular page or other item on the web site, login or registration information, your preferences and your purchase history.
We use cookies in order to improve your on-line experience.  Your cookies help us keep track of your interests and, if you are a registered customer, your cookies allow us to recognize you when you return to the Site.  If you register on our Site, your cookies also help us to monitor and maintain information about your use of our Site. If you have not registered with us, your cookies may be used in order to monitor and maintain non-personally identifiable information about your use of our Site.
The use of cookies is a common practice adopted by most major web sites to better serve their clients. Most Internet browsers are designed to accept cookies, but they can be easily modified to warn you each time a cookie is being sent or to block all cookies.  This is done through your browser settings; see your browser's help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely.  You should note, however, that without cookies, some of the Site’s functions will not be available, and you will lose some of the benefits of the Site as, amongst other things, we will not recognize you as a past visitor or a registered user.

GOVERNING LAW
The Site is controlled and operated by Cassis from Montreal, Quebec, Canada and these terms, the Site, any use of the Site and any transaction conducted on or from it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws. In the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec, judicial district of Montreal.

RESERVATION OF RIGHTS
All rights not expressly granted in these terms are reserved to Cassis. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Cassis or any other person or entity.

NO WAIVER
The failure of Cassis to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of Cassis to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

ENTIRE AGREEMENT
These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Cassis with respect to the use of the Site and any transaction conducted on or from the Site and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Cassis making such amendments or modifications available to it pursuant to the terms hereof.

CHANGES TO TERMS / SEVERABILITY
Cassis may modify, alter or otherwise update the terms applicable to the Site from time to time. We will notify you of any such modifications to the Site by posting notice of such changes on the Site. Following the posting of such changes, your continued use of the Site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

TERMINATION
Cassis reserves the right, at its sole discretion, to terminate your access to all or any part of the Site, with or without notice.

HEADINGS
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.

ENGLISH LANGUAGE
You expressly agree that these terms and all ancillary documents be drafted solely in English; Vous consentez expressément à ce que ces conditions d’utilisation et tous les documents y afférents soient rédigés en anglais seulement.

Last updated: September 6th , 2006