Conditions of Use
REVISED: NOVEMBER 16, 2007
The Artful Cookie & Gift Co. Ltd and its franchisees (Collectively Referred To As "The Artful Cookie") welcomes you to the Web site (www.artfulcookie.com). The Artful Cookie invites you to view, use site features and purchase its products and services throughout the site.
By accessing the artfulcookie.com Web site and the services throughout it, you agree to the following terms and conditions of use including any related policies, conditions and proceedures, which may be udated from time to time as The Artful Cookie sees fit. If you do not agree with the terms and conditions of this site, you may not use the artfulcookie.com Web site.
Restrictions on Use
You may download, reproduce, and retransmit material displayed on this Web site for non-commercial, personal use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the Artful Cookie Web site for public or commercial purposes, including any text, images, audio, or video without The Artful Cookies express written permission.
The Artful Cookie, The Artful Cookie & Gift Co. and The Artful Cookie logo and all other Artful Cookie related trademarks and design marks displayed on artfulcookie.com are are registered and common law trademarks of The Artful Cookie. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. Nothing contained on canadiantire.ca 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 The Artful Cookie or such other party that may own the applicable trademarks.
Please review our Privacy Notice which also governs your visit to our site.
When you visit the artfulcookie.com Web site or send e-mail 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 artfulcookie.com 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.
All content included on the artfulcookie.com Web site--such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software--is the property of The Artful Cookie and is protected by Canadian and international copyright laws.
Licence and Site Access
artfulcookie.com grants you a limited licence to access and make personal use of the artfulcookie.com site, and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of artfulcookie.com. This licence does not include any resale or commercial use of the artfulcookie.com site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the artfulcookie.com site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. The artfulcookie.com site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of artfulcookie.com. 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 artfulcookie.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text " utilizing artfulcookie.com‘s name or trademarks without the express written consent of artfulcookie.com. Any unauthorized use terminates the permission or licence granted by artfulcookie.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of artfulcookie.com, so long as the link does not portray artfulcookie.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any artfulcookie.com logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use the artfulcookie.com site, you are responsible for maintaining the confidentiality of your account username and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. artfulcookie.com does sell products for children, but it sells them to adults who are permitted to purchase products with a credit card. If you are under 18, you may use artfulcookie.com only with involvement of a parent or guardian. artfulcookie.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam. " You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. artfulcookie.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant artfulcookie.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant artfulcookie.com and its affiliates and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify artfulcookie.com or its affiliates for all claims resulting from content you supply. artfulcookie.com has the right but not the obligation to monitor and edit or remove any activity or content. artfulcookie.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from artfulcookie.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
artfulcookie.com attempts to be as accurate as possible. However, artfulcookie.com does not warrant that product descriptions or other content of the artfulcookie.com site are accurate, complete, reliable, current, or error-free. If a product offered by artfulcookie.com itself is not as described, your sole remedy is to return it in unused condition.
Disclaimer of Warranties and Limitation of Liability
THE ARTFULCOOKIE.COM SITE IS PROVIDED BY THE ARTFUL COOKIE ON AN "AS IS " AND "AS AVAILABLE " BASIS. THE ARTFUL COOKIE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ARTFUL COOKIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ARTFUL COOKIE DOES NOT WARRANT THAT THE ARTFULCOOKIE.COM SITE, ITS SERVERS, OR E-MAIL SENT FROM ARTFULCOOKIE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ARTFUL COOKIE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE ARTFULCOOKIE.COM SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the artfulcookie.com site, you agree that the laws of the province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and artfulcookie.com or its affiliates.
Any dispute relating in any way to your visit to the artfulcookie.com site or to products you purchase through The Artful Cookie shall be submitted to confidential arbitration in the Province of Ontario except that, to the extent that you have in any manner violated or threatened to violate the intellectual property rights of The Artful Cookie or its affiliates, The Artful Cookie or its affiliates may seek injunctive or other appropriate relief in any provincial or federal court in the province of Ontario, and you consent to exclusive jurisdiction and venue in such courts. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies posted on the artfulcookie.com site. These policies also govern your visit to the artfulcookie.com site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Any changes or revisions will be effective immediately upon their posting on the artfulcookie.com site. Your use of the artfulcookie.com site will be subject to the version of the Conditions of Use posted on this site at the time of such use. Accordingly, you are advised to review the Conditions of Use prior to using the artfulcookie.com site. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE ARTFULCOOKIE.COM SITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Should you have other questions or concerns about these Conditions Of Use, please call us at 1-800-678-CHIP, Contact Us Here or Contact your preferred Location.