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Terms of Use

United Giftware Marketing and The Epicure Linen Collection Terms of Use Agreement

Welcome to UnitedAndEpicure.com (this “web site”). This web site is provided by United Giftware Marketing and The Epicure Linen Collection as a service to our customers (“you”). Please review the following terms and conditions that govern your use of this web site (the "Agreement"). United Giftware Marketing and The Epicure Linen Collection provides you access to this web site subject to the terms and conditions of this Agreement. Please note that your use of this web site constitutes your unconditional agreement to follow and be bound by these terms and conditions. United Giftware Marketing and The Epicure Linen Collection reserves the right to update or modify the Agreement at any time without prior notice. If the Agreement has been updated, United Giftware Marketing and The Epicure Linen Collection will post the new Agreement on this web site and note the date that it was last updated. Your use of this web site following any such posting constitutes your unconditional agreement to follow and be bound by the Agreement as changed. If you shop on the web site, the Terms of Use applicable to each order are the Terms of Use in effect on the date that you place such order. For this reason, we encourage you to review the terms and conditions of the Agreement whenever you use this web site.

By using this web site, you represent that you are of the age of majority in your jurisdiction. If you are not of the age of majority in your jurisdiction, you must only use this web site under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this web site by the minor and you are fully responsible for the minor’s use of this web site, including all financial charges and legal liability that he or she may incur.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THIS WEB SITE.

CANADIAN USAGE
This web site may only be used by residents of Canada. If you use this web site outside of Canada, you do so at your own risk and are responsible for complying with all applicable laws.

COPYRIGHTS and TRADEMARKS
Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this web site (collectively, the "Contents") are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to United Giftware Marketing and The Epicure Linen Collection or one of their respective affiliates, and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this web site is the exclusive property of United Giftware Marketing and The Epicure Linen Collection and is also protected by Canadian, U.S. and international copyright laws.

© 2013 United Giftware Marketing and The Epicure Linen Collection. All Rights Reserved.

United Giftware Marketing and The Epicure Linen Collection and its suppliers and licensors expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials which appear on this web site. Access to this web site does not confer and shall not be considered as conferring upon anyone any license under United Giftware Marketing and The Epicure Linen Collection or any third party's intellectual property rights.

United Giftware Marketing and The Epicure Linen Collection names and logos and all related product and service names, design marks and slogans are the trade-marks or service marks of United Giftware Marketing and The Epicure Linen Collection and are used in Canada under exclusive license by United Giftware Marketing and The Epicure Linen Collection. All other marks are the property of their respective companies. No trade-mark or service mark license is granted in connection with the materials contained on this web site. Access to this web site does not authorize anyone to use any name, logo or mark in any manner.

LINKS
References on this web site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply United Giftware Marketing and The Epicure Linen Collection’s endorsement, sponsorship or recommendation of the third party, information, product or service. United Giftware Marketing and The Epicure Linen Collection is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk. Your use of such third party web sites is subject to the terms and conditions of use and the privacy policies of such web sites.

USE OF THIS WEB SITE
This web site and all its Contents are intended solely for personal, non-commercial use. You may download, copy and print one copy of the Contents and other downloadable materials displayed on this web site for your personal use only, and provided that you maintain all copyright and other notices contained on the web site or in the Contents. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, this web site or any related software in any form or by any means. All software used on this web site is the property of United Giftware Marketing and The Epicure Linen Collection or its suppliers or licensors and protected by Canadian, U.S. and international copyright laws. The content and software on this web site may be used only as a shopping resource or to shop on this web site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this web site is strictly prohibited. UnitedAndEpicure.com is a trade-mark of United Giftware Marketing and The Epicure Linen Collection and is used in Canada under exclusive license by United Giftware Marketing and The Epicure Linen Collection.

PASSWORDS AND ACCOUNTS
You are responsible for maintaining the confidentiality of the password used to access your account and restricting access to your computer. United Giftware Marketing and The Epicure Linen Collection is not under any obligation to verify the actual identity or authority of any user of a password and login name. United Giftware Marketing and The Epicure Linen Collection may rely on the authority of anyone accessing your account or using your password and will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password. You agree that you are responsible for all activities that occur on your account.

You agree to notify United Giftware Marketing and The Epicure Linen Collection immediately in the event that the confidentiality of your account or password is compromised. United Giftware Marketing and The Epicure Linen Collection has the right to take any actions that it deems reasonable in such event provided that it shall have no liability for any acts or omissions in this regard.

United Giftware Marketing and The Epicure Linen Collection may cancel or suspend your account at any time for any reason without any notice or liability to you or any other person.

SITE SECURITY
Users are prohibited from violating or attempting to violate the security of the web site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the web site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. United Giftware Marketing and The Epicure Linen Collection will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this web site or any activity being conducted on this web site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this web site other than the search engine and search agents available from United Giftware Marketing and The Epicure Linen Collection on this web site and other than generally available third party web browsers (e.g., Microsoft Explorer, Firefox, Chrome).

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to United Giftware Marketing and The Epicure Linen Collection on or through this web site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this web site (collectively, the "Comments") you grant United Giftware Marketing and The Epicure Linen Collection a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub-licensable right and license to use the Comments however United Giftware Marketing and The Epicure Linen Collection desires, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way.

For this reason, we ask that you not send us any comments that you do not wish to license to us as described above, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. United Giftware Marketing and The Epicure Linen Collection is and shall be under no obligation: (1) to display, maintain or use Comments in any way; (2) to maintain any Comments in confidence; (3) to pay to user any compensation for any Comments; or (4) to respond to any user Comments. You represent and warrant that any Comments submitted by you to the web site will not violate the terms and conditions of this Agreement or any right of any third party, including without limitation, copyright, trade-mark, publicity, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity and will not contain any personal information of any third party. You further represent and warrant that no Comments submitted by you to this web site will be or contain libelous or otherwise unlawful, threatening, defamatory, abusive or obscene material, or contain software viruses, disabling mechanisms, harmful content, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You will not impersonate any person or entity or misrepresent your affiliation to a person or entity. You are and shall remain solely responsible for the content of any Comments you make.

You represent and warrant that you have the right to distribute and reproduce the Comments and to grant the license that you have granted above. You hereby waive all your moral rights in the Comments for the benefit of United Giftware Marketing and The Epicure Linen Collection and its successors, assigns and licensees.

United Giftware Marketing and The Epicure Linen Collection does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the web site. You grant United Giftware Marketing and The Epicure Linen Collection the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify United Giftware Marketing and The Epicure Linen Collection and its affiliates for all claims resulting from or relating to any Comments you submit.

United Giftware Marketing and The Epicure Linen Collection and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

COLOURS
We have made every effort to display as accurately as possible the colours of our products that appear on this web site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

MERCHANDISE CONTENT
Product descriptions, representations, warranties, guarantees and performance claims are provided by our vendors and are not independently verified by United Giftware Marketing and The Epicure Linen Collection. The accuracy of such representations is the sole responsibility of the vendors. While this web site attempts to be accurate in its product descriptions, United Giftware Marketing and The Epicure Linen Collection does not represent or warrant that product descriptions or other Content on this web site is accurate, complete, reliable, current, or error-free. If you find that a product you purchase is not as described, your sole remedy is to return it in accordance with United Giftware Marketing and The Epicure Linen Collection’s Return Policy.

OBJECTIONABLE CONTENT
You understand that by using this web site or any services provided on the web site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use this web site and any service at your sole risk and that United Giftware Marketing and The Epicure Linen Collection and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent or objectionable.

SALE OF PRODUCTS & SERVICES
The sale of products and services on this web site is subject to the Terms of Sale.

QUANTITY LIMITS AND DEALER SALES
United Giftware Marketing and The Epicure Linen Collection reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account or the same credit card, and also to orders that use the same billing and/or shipping address. United Giftware Marketing and The Epicure Linen Collection will provide notification to the customer should such limits be applied. United Giftware Marketing and The Epicure Linen Collection also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from this web site for the purpose of engaging in a commercial sale of that same product(s) with a third party.

INDEMNIFICATION
You agree to defend, indemnify and hold United Giftware Marketing and The Epicure Linen Collection harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of this web site or any breach of this Agreement. This provision shall survive the termination of this Agreement and remain in full force and effect.

PRIVACY
In using the web site, you agree not to send emails to individuals without their consent or post any Comments that include personal information of third parties. United Giftware Marketing and The Epicure Linen Collection’s personal information practices on the web site, including the collection, use and/or disclosure of your personal information, are governed by United Giftware Marketing and The Epicure Linen Collection’s Privacy Policy. Please review this privacy policy and print a copy for your records.

TERMINATION
The Agreement is effective unless and until terminated by either you or United Giftware Marketing and The Epicure Linen Collection. You may terminate this Agreement at any time, provided that you immediately discontinue any further use of this web site. United Giftware Marketing and The Epicure Linen Collection also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to this web site. Upon any termination of the Agreement by either you or United Giftware Marketing and The Epicure Linen Collection, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the Agreement or otherwise, except for one copy of this Agreement and other materials applicable to your use of this web site or orders for products or services you have placed on the web site.

DISCLAIMER
THIS WEB SITE IS PROVIDED BY UNITED GIFTWARE MARKETING AND THE EPICURE LINEN COLLECTION ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNITED GIFTWARE MARKETING AND THE EPICURE LINEN COLLECTION MAKES NO REPRESENTATIONS OR WARRANTIES, AND PROVIDES NO CONDITIONS, OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEB SITE OR SERVICES PROVIDED THROUGH THIS WEB SITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, UNITED GIFTWARE MARKETING AND THE EPICURE LINEN COLLECTION DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) RELATING TO THIS WEB SITE OR ANY CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNITED GIFTWARE MARKETING AND THE EPICURE LINEN COLLECTION DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE DISPLAYED ON THIS WEB SITE AND THAT THIS WEB SITE WILL BE ERROR-FREE, CURRENT, UNINTERRUPTED, ACCURATE, AVAILABLE, RELIABLE, SECURE OR COMPLETE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE, THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS WEB SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION ON IMPLIED WARRANTIES AND CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. THIS PROVISION SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

PRICES AND AVAILABILITY
ONLINE PRICES ARE AVAILABLE ONLY AT UNITEDANDEPICURE.COM. IN STORE PRICES ARE BASED ON THE UNITED GIFTWARE MARKETING AND THE EPICURE LINEN COLLECTION YOU HAVE SELECTED. ITEMS LISTED ON THIS WEB SITE MAY NOT BE AVAILABLE OR IN-STOCK AT ALL TIMES FOR PURCHASE ON THE WEB SITE OR AT ALL STORES. ALL PRICES ARE QUOTED AND PAYABLE IN CANADIAN DOLLARS. DUE TO COMPETITIVE MARKET PRESSURES, PRICES ARE SUBJECT TO CHANGE. UNITED GIFTWARE MARKETING AND THE EPICURE LINEN COLLECTION RESERVES THE RIGHT TO CORRECT, AT ANY TIME, ANY PRICING ERRORS. WHILE THE WEB SITE IS UPDATED REGULARLY, PRICES, SELECTION AND AVAILABILITY MAY VARY BY STORE AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. VISIT OR CALL YOUR LOCAL United Giftware Marketing and The Epicure Linen Collection FOR CURRENT INFORMATION ON PRICING AND AVAILABILITY.

Customers employing mobile devices to browse the web site may encounter pricing or availability information that is either outdated or inaccurate. Accordingly, pricing and availability remain subject to confirmation at checkout for mobile users.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL UNITED GIFTWARE MARKETING AND THE EPICURE LINEN COLLECTION AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS WEB SITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS WEB SITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS WEB SITE, AND ANY LINKS PROVIDED ON THIS WEB SITE; (3) ANY TRANSACTION CONDUCTED ON THIS WEB SITE; AND (4) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF UNITED GIFTWARE MARKETING AND THE EPICURE LINEN COLLECTION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS WEB SITE.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF DAMAGES AS PROVIDED ABOVE. IF THESE LAWS APPLY TO YOU, SOME OF THE EXCLUSIONS REFERRED TO ABOVE MAY NOT APPLY TO YOU. THIS PROVISION SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

GENERAL
Except for the Terms of Sale which govern any purchase made on this web site, this Agreement represents the complete agreement between you and United Giftware Marketing and The Epicure Linen Collection in relation to the use of this web site and supersedes all prior agreements and representations between us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of this Agreement shall remain in full force and effect. The delay or failure of United Giftware Marketing and The Epicure Linen Collection to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit United Giftware Marketing and The Epicure Linen Collection's rights with respect to such breach or any subsequent breaches. United Giftware Marketing and The Epicure Linen Collection shall not be liable for any delay or failure to perform any of its obligations under these Terms of Use if such delay or failure is due to causes beyond its control. You may not assign these Terms of Use to any third party without the prior written consent of United Giftware Marketing and The Epicure Linen Collection. These Terms of Use will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) United Giftware Marketing and The Epicure Linen Collection and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with United Giftware Marketing and The Epicure Linen Collection or relating in any way to your use of the web site or a purchase made on the web site will be in the courts of the province of Ontario unless required otherwise by applicable laws of your province of residence. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Updated on November 7, 2013.