Terms of Use

The following sets out the Terms and Conditions under which you may use the Pearl’s Choice’s Website.

 

Definitions

The following terms shall have the respective meanings set out below:

"Agreement" means theses Terms and Conditions; 

"Pearl’s Choice” means 2463389 Ontario Inc. carrying on business as “Pearl’s Choice”

"Pearl’s Choice’s Website" means Pearl’s Choice website located at: http://www /http://dev.pearlschoice.com/; 

" Pearl Choice’s Website Content" means any and all of the contents of the Pearl Choice’s Website, including but not limited to, text, data, messages, graphics, images, logos, button icons, software, other Pearl’s Choice Website content, or any other similar material. 

"Terms and Conditions" means the Terms and Conditions set forth in this Agreement; 

"User" means any individual accessing the Pearl’s Choice Website and includes you; 

"User Information" means information related to Users, including but not limited to, a User's name, address, e-mail address or telephone number.

 

Application of Terms and Conditions. 

By using the Pearl’s Choice Website, you agree to be bound by, and comply with, these Terms and Conditions and all applicable laws. These Terms and Conditions are binding on you during and after your use of the Pearl’s Choice Website.

Pearl’s Choice may revise these Terms and Conditions at any time without notice by updating this posting. You agree to visit the Pearl’s Choice Website regularly to review these Terms and Conditions. Your continued access to or use of the Pearl’s Choice Website indicates you agree with any such changes.

 

Use of Website Content.

The Pearl’s Choice Website Content is protected under Canadian and foreign copyright, trade-mark and other laws. Unless expressly provided elsewhere in this Agreement, all Pearl’s Choice Website Content is the property of Pearl’s Choice and/or third party suppliers. Unauthorized use of the Pearl Choice Website Content may violate copyright, trade-mark and other laws. Pearl’s Choice may modify or remove any or all of the Pearl’s Choice Website Content at its sole discretion at any time and without notice.

Pearl’s Choice grants to you a non-exclusive, non-assignable and non-transferable, personal licence to view the Pearl’s Choice Website Content. This is the grant of a licence and not a transfer of title. Unless expressly provided elsewhere in this Agreement, you may not:

  1. sell, copy, or modify the Pearl’s Choice Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Pearl’s Choice Website Content in any way for any purpose; 
  2. use or "mirror" the Pearl’s Choice Website Content on any other website or in a networked computer environment for any purpose; 
  3. copy or adapt the HTML code that Pearl’s Choice creates to generate any Pearl’s Choice Website Content; or 
  4. remove any copyright, trade-mark or other proprietary notation from any Pearl’s Choice Website Content.

 

Other than the licence granted herein, these Terms and Conditions do not provide you with any other licence under Pearl’s Choice, or any other third party's intellectual property rights.

 

Acceptable Site Use.

You agree not to, directly or indirectly:

 

User Information. 

When you register on the Pearl’s Choice Website, you will be asked to provide certain User Information. You agree to provide such User Information to Pearl’s Choice. Pearl’s Choice will not disclose to any third party your User Information without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. You may access, correct and delete your own personal information stored by Pearl’s Choice.

 

Registration and Password.

You are responsible for maintaining the confidentiality of your password. You shall not disclose to or share your password with any third parties or use your password for any unauthorized purpose you will be responsible for all uses of your password, whether or not authorized by you. You agree to immediately notify Pearl’s Choice of any unauthorized use of your password.

 

Links to Other Sites.

The Pearl’s Choice Website may contain links to third party websites. Other terms and conditions may apply to you at these third party websites. Pearl’s Choice is not responsible for the content of linked third party websites nor does it make any representations regarding the content or accuracy of materials on such websites. 

 

Disclaimer.

You acknowledge and agree that:

 

PEARL’S CHOICE DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF PEARL’S CHOICE WEBSITE USE, COURSE OF PERFORMANCE OR COURSE OF DEALING. FOR GREATER CERTAINTY, PEARL’S CHOICE DOES NOT WARRANT THAT THE PEARL’S CHOICE WEBSITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.

 

Limitation of Liability.

YOU AGREE THAT IN NO EVENT WILL PEARL’S CHOICE OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE PEARL’S CHOICE WEBSITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE PEARL’S CHOICE WEBSITE, THE PEARL’S CHOICE WEBSITE CONTENT OR ANY LINKED WEBSITE, OR FAILURE OF SUCH WEBSITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEBSITES, THEIR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEBSITES) EVEN IF PEARL’S CHOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.

 

Indemnity.

You agree to defend, indemnify, and hold harmless Pearl’s Choice and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Pearl’s Choice Website Content or your breach of these Terms and Conditions. Pearl’s Choice shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

 

Jurisdiction.

This Agreement is governed by the laws of the Province of Ontario, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the provincial or federal Courts within Toronto, Ontario.

 

Severability.

If any provision of these Terms and Conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.

 

Violation of Terms and Conditions.

Upon any breach by you of these Terms and Conditions, Pearl’s Choice reserves the right, at its sole discretion, to pursue any or all of its legal and equitable remedies against you, including but not limited to, the immediate termination of your access to the Pearl’s Choice Website. Any termination by Pearl’s Choice shall be in addition to and without prejudice to such rights and remedies as may be available to Pearl’s Choice, including injunction and other equitable remedies.

Except as expressly provided elsewhere in this Agreement, these Terms and Conditions constitute the entire agreement between you and Pearl’s Choice with respect to the use of the Pearl’s Choice Website. The disclaimers, limitations on liability, ownership, termination, interpretation, your licence and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

 

Choice of Language.

By accepting these Terms and Conditions in the English language, each User declares that it is its wish that this document and the documents related to it be in the English language only.

En signant le version anglaise de cette conditions générales, chaque User declare vouloir que ce document et ceux qui s'y rattachent, soient rédigés en langue anglaise seulement.