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- Acceptance. Welcome to airmilessshops.caTM (the "Website") operated by LoyaltyOne Canada Inc. ("LCI"). The services provided on the Website (collectively, the "Services") are offered by LCI. By accessing the Website or using any of the Services, you agree to be bound by these Terms and Conditions, as they may be amended from time to time, and any additional or alternative terms, conditions, rules and policies in connection with any particular Service. Please note that these Terms and Conditions may be updated from time to time without notice to you. These Terms and Conditions contain legal obligations; please read them carefully. The terms and conditions of any merchant site that you may visit will govern your use of that merchant's site, and LCI assumes no responsibility with respect to your use of any merchant's site.
- The airmilesshops.ca Web Site Policy. airmilesshops.ca collects information on Customer activity through user navigation and the use of tools and functions available on airmilesshops.ca. This information is to be used to understand and analyze Customers' responses, needs and preferences, and to develop, enhance, market and/or provide products and services to meet those needs. In addition, information collected may also be used for the specified purposes of airmilesshops.ca as outlined in The airmilesshops.ca Privacy Commitment.
- The AIR MILES® Reward Program. airmilesshops.ca is a "Sponsor" in the AIR MILES Reward Program. The terms and conditions of the AIR MILES Reward Program govern all AIR MILES reward miles that you may earn by shopping at merchants linked to this Website. You are reminded that reward miles may not be recorded in our Collector Account or, if already recorded, may be cancelled if the merchant from whom you have ordered goods or services tells us that the transaction between you and the merchant was cancelled (for example, because you returned or didn't pay for products or services for which the reward miles were issued). Complete information concerning the AIR MILES reward Program is available at www.airmiles.ca.
- Registration, Personal Identification Numbers and Passwords. Certain Services and related features, such as access to the Website, personalization, web hosting, and webmail available over the Website may require registration. You agree to provide accurate and current information as required by the relevant registration process, and to update the information as necessary in a timely way to ensure that it is kept accurate and complete. You agree to be responsible for:
- maintaining the confidentiality of any personal identification numbers or passwords identifiers which you choose or are assigned as a result of any registration over the Website;
- all activities that occur under such personal identification number or password; and,
- Notifying LCI of any unauthorized use of your personal identification number or password
LCI shall not be responsible or liable in any way for any loss or damage arising from your failure to comply with this Section 5.
- Rules and Conduct. You agree not to use the Website or services to:
- post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Website or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Website, the Services or the Internet;
- defame, abuse, stalk, harass or threaten any other person or violate the legal rights of any other person, including rights relating to privacy and publicity;
- post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
- post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
- upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Website or the Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or rightholder;
- impersonate or falsely represent your association with any person; and
- use, reproduce, sell, resell or otherwise exploit the Website or any of the Services for any commercial purposes.
- Responsibility for Minors. You are fully responsible for:
- the online conduct of an Authorized Minor;
- controlling the authorized minor's access to and use of the Website and any such Services; and
- the consequences of any misuse of the Website and any such Services by the Authorized Minor; and
- any purchases made by the Authorized Minor.
You accept responsibility to determine whether any of the Services and/or Content are appropriate for an Authorized Minor and what access the Authorized Minor will be allowed.
- Monitoring. You agree that LCI has the right to monitor the Website or any content, products or Services (collectively, "Content"), from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website or any of the Services properly, or to protect itself or its users in accordance with the airmilesshops.ca Privacy Commitment. . LCI reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of the Terms and Conditions. By using the Website or the Services, you may have access to Content that may be offensive or objectionable to you. Under no circumstances shall LCI be responsible or liable, directly or indirectly, for loss or damage of any kind as a result of any use of, or access to, any such Content.
- Dealings with Merchants and Other Third Parties. Your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Website or any of the Services, are solely between you and such third parties. Further, all transactions between you and any merchant that you access through the Website take place on the merchant's website, and are subject to the merchant's terms and conditions applicable to online purchases, and its privacy and security policies. Please note that prices on many merchants' websites are in U.S. dollars and many merchants require payment in U.S. dollars. Check each merchant's terms and conditions pertaining to transactions carefully before completing any transaction. LCI is not responsible for any charges you or any user of your account incurs as a result of dealings with any merchants or other third parties found on, or through, the Website or any of the Services. Further, you accept responsibility for ensuring compliance with all applicable laws in connection with any such transactions. You agree that LCI shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings, or transactions, including, without limitation, any returns, refunds, or any product liability claims. Although reasonable efforts are used to ensure that the website is current, no assurance is given that the information about items of merchandise displayed on the website is completely accurate in terms of price, availability or description.
- Downloads and Shareware. The Website allows you to search for software that may be available for downloading by various third parties. Such software is available to you by such third parties subject to the terms and conditions made available to you during the software installation process. You agree that it is your responsibility to review and evaluate any such software and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software rests with you. You further agree that LCI shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or desired specifications.
- Third Party Content. The Website search option offers access to numerous third party web pages and content available over the Internet. LCI generally exercises no control over such third party content, web pages, or sites. It is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You agree that LCI shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
- Search Content. Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the "Multimedia Content") located through any Website search services are protected by copyright and/or other intellectual property laws. LCI does not authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the Website, all of the Multimedia Content contained on such sites is owned and served by entities other than LCI.
- User Content. In respect of any and all content which you elect to post on the Website which is accessible by the general public, you grant LCI a world-wide, royalty-free, nonexclusive, perpetual and unrestricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from such content for the limited purposes of publishing such content and promoting airmilesshops.ca, participating stores at airmilesshops.ca and the AIR MILES Reward Program . Such license shall apply with respect to any form, media, or technology now known or later developed. With respect to any and all content you elect to post or transmit using the Services, you agree that LCI may preserve and disclose any content associated with your Collector account where required to do so by law or where such preservation or disclosure is reasonably believed by LCI to be necessary to ensure compliance with the law, enforce the Terms and Conditions or protect the rights and interests of LCI or any other person.
- Service Modifications. You acknowledge and agree that LCI may at any time modify or discontinue the Website or any of the Services with or without notice to you, and that LCI will not be held responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
- Termination. You acknowledge and agree that LCI, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, the Website or any of the Services, and remove and discard any information or content that you posted to or transmitted using the Website or related to such Service. You further agree that LCI shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Website, any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of LCI in operating the Website and the Services, your sole and exclusive remedy is to discontinue using the Website and the Services.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT LCI MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; AND
- LCI SPECIFICALLY MAKES NO WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE WEBSITE OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL LCI, INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER LCI HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES, THE WEBSITE, OR ANY PRODUCTS PURCHASED FROM A MERCHANT LINKED TO THE WEBSITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
- Indemnity. You agree to defend, indemnify and hold LCI, its affiliates, sponsors, suppliers and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your, or any user of your account's:
- violation of the Terms and Conditions;
- use of the Website or any of the Services;
- placement, posting or transmission of any message, information, software or other content on the Website or through any of the Services.
- No License; Intellectual Property of LCI and Others. Except as expressly provided, nothing herein or within the Website or any of the Services shall be construed as conferring any license under any of the intellectual property rights of LCI or any third party, whether by implication, waiver, estoppel, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Website and Services is protected by copyright, trademark, patent, or other proprietary rights of LCI, its affiliates, licensors, and/or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Website or the Services.
- Trademarks. The AIR MILES (word mark), the AIR MILES logo, airmilesshops.ca and related AIR MILES Reward Program trademarks and logos are registered and unregistered trademarks of AIR MILES International Trading B.V. used under license by LCI. All other product, brand, company names, trademarks, logos or other intellectual property used or displayed on the Website are the intellectual property of their respective owners. Your use of any of the intellectual property appearing on the Website is expressly prohibited without the prior written consent of LCI or owner of the intellectual property, as appropriate.
- Ownership of Content. The Website and all of its contents including, but not limited to, all text and images ("Content") are owned and copyrighted by LCI or others with all rights reserved unless otherwise noted. Your use, copying, republication or redistribution of such Content, including by caching, framing or similar means is expressly prohibited without the prior written consent of the Content owner. Further, you agree not to modify, alter, or deface any of the Content available through the Website nor use any of the forgoing for any purpose other than the purpose for which such Content is made available to users through the Website.
- General. The Website originates in Canada. The Terms and Conditions of the airmilesshops.ca website constitute the entire agreement between LCI and you pertaining to your use of the Website and the Services (the "Agreement") and supercede any prior agreements between you and LCI. Failure of LCI to insist upon or enforce strict performance of any right or provision of the Agreement shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties have required that the Agreement and all documents relating thereto be drawn up in English. The parties have required that the Agreement and all documents relating thereto be drawn up in French.
© 2003 -2006 LoyaltyOne Canada Inc. ® Trademarks of AIR MILES® International Trading B.V. Used under license by LoyaltyOne Canada Inc. Sponsor, Supplier and Retailer trademarks are owned by the respective Sponsor, Suppliers or Retailers or authorized for their use in Canada. To collect AIR MILES® reward miles you must be a Canadian resident.