TERMS AND CONDITIONS OF USE, September 12, 2018
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
Related Policies and Terms
The Site Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with CCL for products, services, or otherwise.
CCL has adopted a Privacy Policy that you should refer to in order to fully understand how we use, collect and disclose personal information. To learn about CCL’s privacy practices, please refer to the Privacy Policy section of the Site. By using the Site, you are consenting to the collection, use and disclosure of your personal information in accordance with our Privacy Policy.
Modification of Site Terms
CCL reserves the right to modify these Site Terms in our sole discretion from time to time and only CCL has the right to do so. If the Site Terms are changed, we will post the new terms on the Site and note the date they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Site following the posting will constitute your acceptance of the new Site Terms.
License and Site Access
CCL grants you a limited licence to view the Site, to print individual pages from the Site, and electronically copy pages from the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. This licence is conditional on your strict compliance and acceptance without modification of the Site Terms.
This licence does not include, without limitation: (a) any resale or commercial use of the Site or any Site Materials (defined below); (b) copying, imitating, mirroring, reproducing, distributing, publishing, making available, downloading, displaying, performing, posting or transmitting any Site Materials (including any third party trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or other means; (c) the collection, use or disclosure of any product listings, prices or descriptions; (d) making derivative uses of the Site and any Site Materials; (e) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to scrape or collect any information from the Site or any other user of the Site; or (f) ) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Site except as interpreted and displayed in a web browser .
Except as noted above, you are not conveyed any right or licence by implication, waiver, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of CCL or any third party, including Costco Wholesale Canada Ltd. and its affiliated companies (collectively and individually “Costco”). You may not use any meta tags or any other “hidden text” utilizing CCL’s corporate names, trade names, trademarks, product names or service names without our express written consent. “Site Materials” means all information and materials on the Site, including, without limitation, trademarks (as specifically defined in these Site Terms) design, product names, prices and descriptions, HTML text, graphics, other files, photographs, codes, layout, designs, forms and the selection and arrangement thereof.
We may terminate this licence and your use of or access to the Site if you make or permit any unauthorized use of the Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), patent laws, and communications regulations and statutes. We reserve the right to initiate civil or criminal proceedings, or both, against all violators to the fullest extent of the law.
Changes, Misprints and Error
Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through the Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised for sale on the Site will be available for in-store purchases; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to limit quantities sold or made available for sale in-store. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
Product Availability Disclaimer
Not all of CCL’s Alberta retail locations carry the complete range of products. Some of the products may be available for a limited time only.
Intellectual Property
Ownership
All Site Materials are owned by CCL and others and are protected by Canadian and international copyright, trademark and other applicable laws.
Trademarks
All page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of CCL, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CCL. The Site may contain many of the valuable trademarks, names, package designs, copyright and other proprietary material owned, licensed and/or used by Costco including but not limited to COSTCO WHOLESALE, COSTCO, KIRKLAND SIGNATURE and their respective designs and/or logos. Registered or unregistered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without their owners’ prior written permission.
Restrictions on Use
Except as stated in the Site Terms, none of the materials and intellectual property described in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of CCL or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Site, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance without the prior written permission of CCL or their respective intellectual property owner, is strictly prohibited. All rights reserved.
Hyperlinks
Links to the Site
You are granted a limited, non-exclusive right to create a hypertext link to the home page only of the Site, provided such link does not portray CCL or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing or in-line linking techniques to enclose any Site Materials, CCL trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page, or form contained on a page without CCL’s express written consent. All other linking is prohibited without prior written consent from CCL. Except as noted above, you are not conveyed any right or licence by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of CCL or any third party.
Third Party Links
CCL makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web sites accessible by hyperlink from the Site, or third-party web sites linking to the Site. Any such hyperlinks provided by CCL are for your reference only and are used at your own risk.
Use of the Site
Use of the Site is governed by the provincial and federal laws of Canada. The laws of your jurisdiction may be more or less strict than the laws that apply to the Site. If you access the Site from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Policies and Enforcement
All access to and use of the Site is governed by and subject to the Site Terms. Subject to our Privacy Policy, we may access at any time and use internally for any lawful purpose information stored on our systems. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. CCL has the right, but not the obligation, to take any action we deem appropriate, including but not limited to action to issue a warning, suspend or terminate your access and use of the Site and related services at any time.
Responsibility for Your Conduct
You agree to indemnify and hold harmless CCL and its parents, subsidiaries, affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. Indirect or attempted violations of these Site Terms or any policy, and actual or attempted violations by a third party on behalf of a user of the Site will be considered violations of these Site Terms by such user.
Children
This Site is designed for and intended for use by adults. If you are under 18, you may use the Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of the Site by children, minors and others under your care. You agree to be responsible for their use of the Site.
Disclaimer
THE SITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CCL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THE SITE. CCL DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. CCL DOES NOT REPRESENT OR WARRANT THAT THE SITE IS FREE FROM TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. CCL DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF CCL OR IT’S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE IS AT YOUR SOLE RISK.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CCL.
Limitation of Liability
IN NO EVENT SHALL CCL BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CCL (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED $5 OR THE COMPENSATION YOU PAID CCL, WHICHEVER IS LESS.
Applicable Law, Venue and Limitation of Actions
These terms and conditions shall be governed by and construed in accordance with the laws of the Province of Alberta applicable to agreements made and entirely to be performed within the Province of Alberta, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access the Site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or provincial courts located in Calgary, Alberta and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.
Termination
Notwithstanding any of these terms and conditions, CCL reserves the right, without notice and in its sole discretion, to terminate your licence to use the Site, and to block or prevent future access to and use of the Site if you violate any of these Site Terms. Upon termination, these Site Terms shall still apply.
Legal Equivalency
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Severability
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
Waivers
No waiver, express or implied, by CCL of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.