Marie Saint Pierre

This version is in effect since January 23, 2013.

Marie Saint Pierre Design Inc. ("Marie Saint Pierre") welcomes you to its website www.mariesaintpierrre.com (the "Website"). YOU MUST CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING TO ACCESS OR USE OF THE WEBSITE SINCE YOUR ACCESS TO OR USE OF THE WEBSITE IS SUBJECT TO THIS AGREEMENT. By using this Website, you are agreeing to the following Terms of Use. If you do not agree with each provision of these Terms of Use, do not use the Website.

OWNERSHIP

The Website is owned and operated by Marie Saint Pierre. Any and all content, material, page headers, custom graphics, button icons, scripts, presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, photographs, icons, software, designs, applications, data, trade-marks, trade names and other elements and information available on or through the Website (collectively, the "Content") are proprietary to Marie Saint Pierre, its affiliates and/or its respective owners, as the case may be. The Website and its Content are protected by Canadian, U.S. and international copyright, trade-mark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its Content. You may use the Website and its Content only in the manner described expressly in these Terms of Use and subject to all applicable laws. Using the Website or its Content for any other purpose or in any other manner is strictly prohibited.

RESTRICTIONS ON USE

Marie Saint Pierre has created this Website for your personal use and informational purposes. Except as expressly set out in these Terms of Use, you may not modify, copy, reproduce, upload, publish, post, transmit, distribute, display, index, catalogue, mirror, perform, reverse engineer, create derivative works from, sell or otherwise transfer any of the Content without the express prior written consent of Marie Saint Pierre. You may print and download portions of the Content for your own non-commercial use provided you agree not to change or delete any copyright, disclaimers or proprietary notices contained in such Content. As a condition of your use of this Website, you agree that you will not use this Website for any purpose that is unlawful, immoral or prohibited by these Terms of Use.

AVAILABILITY AND PRICING OF MERCHANDISE

Merchandise displayed on this Website is available while supplies last, either at each store or at our warehouse supplying our Website. Color depiction of merchandise on this Website is a function of the calibration of the colors of our photographs as well as of numerous parameters related to the functioning and the use you make of your computer. Color and price of this merchandise may vary from merchandise available in Marie Saint Pierre stores. The merchandise available on our Website, and the prices for such merchandise, are not necessarily the same as the items and pricing within our stores. All prices and other amounts are quoted in Canadian dollars. Prices indicated on our website for merchandise purchased online do not include taxes, or shipping costs.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order), to the extent permitted by law.

NO LINKING, FRAMING, MIRRORING, SCRAPING OR DATA-MINING

Links to this Website without the express written permission of Marie Saint Pierre are strictly prohibited. To request permission to link to the home page of the Website, please send an e-mail to e-boutique@mariesaintpierre.com. Marie Saint Pierre may in its discretion cancel and revoke any permission it may give to link to the home page of the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of this Website or any of its Content in any form and by any means is also strictly prohibited.

TRADE-MARK INFORMATION

Marie Saint Pierre, and other marks and logos appearing on the Website are registered and unregistered trade-marks, or trade names owned or licensed by Marie Saint Pierre. Other product and company names and logos appearing on the Website may be registered or unregistered trade-names or trade-marks of their respective owners. Any use of the trade-names, trade-marks, and logos (collectively, the “Marks”) displayed on the Website is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Website.

PRIVACY POLICY

Marie Saint Pierre collects, uses, stores and discloses your personal information in accordance with its Website Privacy Policy (referred to as “Privacy Policy”), which is incorporated by reference into these Terms of Use and may be viewed by clicking here. This Privacy Policy may be changed by Marie Saint Pierre from time to time in its sole discretion and without any prior notice or liability to you or any other person by making the amended Privacy Policy accessible through the Website. Changes will be effective upon posting to the Website. Your continued access and use of the Website and receipt or request of any electronic communications subsequent to any changes to the Privacy Policy will signify that you consent to the collection, use, storage and disclosure of your personal information in accordance with the then current version of the Privacy Policy. Marie Saint Pierre cannot and does not guarantee the security or privacy of data that you provide through the Internet and accordingly you agree that access to and use of the Website, and the provision of data through the Internet to Marie Saint Pierre, is at your sole risk.

OTHER WEBSITES

While this Website may contain links to third party websites, Marie Saint Pierre is not responsible for the content of any linked websites. Marie Saint Pierre provides these links only as a convenience and these linked websites are not under the control of Marie Saint Pierre. Marie Saint Pierre makes no representation or warranty regarding, and does not endorse, any linked websites, the information or any of the products or services appearing, available or described thereon. Links do not imply that Marie Saint Pierre sponsors, endorses, is affiliated or associated with, or is legally authorized to use any content displayed in or accessible through the links. When you access such websites, you are doing so at your own risk and you should abide by the terms and conditions of use of the third party websites.

DISCLAIMER

Marie Saint Pierre makes reasonable efforts to ensure that the general Content it provides to the Website is accurate and reliable. HOWEVER, THIS WEBSITE AND ITS CONTENT ARE NOT TO BE CONSTRUED AS A FORM OF PROMOTION. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY AND NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY DISCLAIMED BY MARIE SAINT PIERRE AND ITS AFFILIATES AND SUPPLIERS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MARIE SAINT PIERRE AND ITS AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

Marie Saint Pierre and its affiliates and suppliers shall not under any circumstances be liable to you or any other person for any indirect, incidental, special, punitive, exemplary or consequential damages or losses arising from or connected with or related to the use of, or the inability to use, the Website or any Content, or from any order of merchandise through the Website, even if Marie Saint Pierre, its affiliates or suppliers has been advised of the possibility of such damages. Without limiting the foregoing, in no event will Marie Saint Pierre or any of its affiliates and suppliers total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs arising from, connected with, or relating to the use of the Website by you or any other person, shall exceed $ 100 CDN or, in the event that the direct damages relate to a purchase made through this Website, the amount of such purchase. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold Marie Saint Pierre and its affiliates, officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities, claims, losses, expenses, damages and (including reasonable attorneys' fees) sustained, incurred or paid by the Indemnified Parties resulting from any violation of these Terms of Use or any activity related to your use of the Website, by you or any other person accessing the Website on your behalf. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defense of any such claim or demand. Marie Saint Pierre reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

TERMINATION OF THE WEBSITE AND THE TERMS OF USE

Marie Saint Pierre may, at any time without notice of liability to you, and for any reason whatsoever: (a) change, suspend or terminate, temporarily or permanently, the Website or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Website, all without any notice or liability to you or any other person. If you breach any provision of these Terms of Use, we may prohibit you from using this Website.

If these Terms of Use or your permission to access or use the Website is terminated by you or by Marie Saint Pierre for any reason, then: (a) these Terms of Use will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom; and (b) Marie Saint Pierre may continue to use and disclose your personal information in accordance with the Privacy Policy, as amended from time to time.

GOVERNING LAW

These Terms of Use, the Privacy Policy and all related matters shall be governed by and construed solely in accordance with the laws of the Province of Quebec and applicable federal Canadian law, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this agreement or to any purchase of merchandise through our Website. Any dispute between Marie Saint Pierre and you arising from, connected with or relating to the Website, these Terms of Use, or any related matters must be resolved before the Courts of Quebec sitting in the City of Montreal, Quebec, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of all disputes. The products described in this Website are available only in Canada to Canadian residents. Nothing in this Website is intended to constitute an advertisement for promotion of our products and services in other jurisdictions.

OTHER MATTERS

Changes, Modifications, Additions and Removals - Marie Saint Pierre reserves the right, at its discretion and from time to time, to change, modify, add, or remove portions of these Terms of Use as its relates to your future use of the Website, for any reason, and without any prior notice or liability to you or any other person. The then current version of the Terms of Use will be posted on this Website, and you are responsible for periodically reviewing the Terms of Use prior to using the Website. If any term, condition or any change thereto is not acceptable to you, you must discontinue immediately your use of this Website. Access to or use of this Website after any amendments have been posted shall constitute your acceptance of these Terms of Use as amended. You may not change, supplement, or amend these Terms of Use in any manner.

Entire Agreement - These Terms of Use, as they may be amended from time to time, including the Privacy Policy and any and all other legal notices and policies on this Website, constitute the entire agreement between you and Marie Saint Pierre with respect to the access or use of this Website and the Content and supersede any previous and contemporaneous communications, representations, understandings and agreements, whether oral or written, between Marie Saint Pierre and you with respect to such subject matter.

Binding Effect - The provisions of these Terms of Use shall ensure to the benefit of and be binding upon each of Marie Saint Pierre and its affiliates and suppliers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives (and those of any person you represent).

Assignment - Marie Saint Pierre may assign these Terms of Use and its rights and obligations under these Terms of Use without your consent or the consent of any persons you represent.

Waiver - No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms of Use will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party.

Severability - If any provision of these Terms of Use shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be interpreted as necessary to carry out the intent of the parties and the other provisions herein shall remain in full force and effect.

Language - The parties have expressly requested and required that these Terms of Use and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces conditions d’utilisation et tous les documents qui s’y rapportent soient rédigés en anglais.

Rights Reserved - Any rights not expressly granted by these Terms of Use are reserved to Marie Saint Pierre.