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Terms and Conditions

Last Updated: August 4, 2010

Terms of Use

Welcome to the Treasure Chest Distributor’s MannaWare™ site. Please review the terms and conditions of use carefully, as they govern your use of MannaWare.com (the "Site").

The following terms and conditions of use are an agreement (the "Agreement") between Treasure Chest Distributors and you. Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to modify this Agreement at any time in our sole discretion without prior individual notice. Any modifications to this Agreement will be posted on the Sites. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. You can tell when this Agreement was last modified by checking the "last updated" date that appears at the top of the Agreement. If you do not agree to these terms, please do not use the Sites.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Right to Change Sites

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or of any service, content, feature or product offered through the Site.

Site Contents

Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trade-marks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Treasure Chest Distributors and/or its subsidiaries.

The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

User Comments, Feedback, and Other Submissions

Treasure Chest Distributors is pleased to hear from users and welcomes your comments regarding our products and services. Treasure Chest Distributors’ longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by employees and agents of Treasure Chest Distributors and/or its affiliates might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Treasure Chest Distributors and its affiliates may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Treasure Chest Distributors. Treasure Chest Distributors and its affiliates are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Treasure Chest Distributors has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trade-mark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Treasure Chest Distributors, its affiliates or other third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Treasure Chest Distributors and its affiliates take no responsibility and assume no liability for any Comments posted by you or any third party.

Personal Information Submitted Through the Sites

Your submission of personal information through the Sites is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Sites (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Product Information

Many products displayed on the Sites are available in select trade shows, outlets, through independent distributors, dealers and their respective sales organizations in Canada, the United States, and other markets. Unless otherwise indicated, prices displayed on the Sites are quoted in Canadian Dollars.

Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.

Tax Policy

Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a refund for the sales taxes you paid for that item. You will not receive a refund for the sales taxes you paid on the shipping and handling of that item, as the shipping and handling charges are non-refundable once an item has been shipped. If you have questions about the sales taxes on your invoice, please call us anytime at 1-800-661-9272.

Tax Exempt Purchases

If you are making a purchase for a tax-exempt organization or are an individual that qualifies for a tax exemption, please contact our Customer Service team at 1-800-661-9272. To ensure compliance with federal and provincial tax laws, all requested forms and information must be received and verified by our Customer Service team before a tax refund can be processed.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site 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 Site is inaccurate at any time without prior notice (including after you have submitted your order).

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate.

Promotions

In addition to the terms and conditions of this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.

Links to Other Web Sites and Services

The Sites may contain links to other Web sites that are not under the control of Treasure Chest Distributors or its affiliates. Neither Treasure Chest Distributors nor any of its affiliates has any responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site’s users.

Passwords

You are solely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else's password. You are solely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorised use of your user account or any other breach of security known to you.

Disclaimer

THE CONTENT OF THE SITES IS PROVIDED "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

NEITHER TREASURE CHEST DISTRIBUTORS NOR ANY OF ITS AFFILIATES WARRANT THAT THE SITE OR ANY FUNCTION CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TREASURE CHEST DISTRIBUTORS AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY DUTY TO UPDATE OR REVISE THE CONTENT OF THE SITE, ALTHOUGH WE MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THE SITE. TREASURE CHEST DISTRIBUTORS AND/OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

Neither Treasure Chest Distributors nor any of its affiliates represent or warrant that the Site, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TREASURE CHEST DISTRIBUTORS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITES OR ANY WEBSITE OR WEBSITES LINKED TO THE SITES, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SITES; OR (F) ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITES.

Indemnification

You agree to defend, indemnify and hold Treasure Chest Distributors and its affiliates and each of their respective officers, directors, employees, shareholders, agents and representatives harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, condition or other provision of the Agreement.

Dispute Resolution

Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Treasure Chest Distributors agree to the following dispute resolution procedure: Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.

Notice shall be sent

(1) to Treasure Chest Distributors at: 3761 19 Street NE, Calgary, AB T2E 6S8

(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.

To the maximum extent permitted by law, both you and Treasure Chest Distributors agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

Choice of Law and Jurisdiction

To the maximum extent permitted by law, this Agreement shall be construed in accordance with the laws of Alberta and Canada, as applicable therein, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Superior Court of Justice or Federal Court of Canada residing in Calgary, Alberta.

General

The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Treasure Chest Distributors’ right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.

Treasure Chest Distributors may assign its rights and obligations under the Agreement. The Agreement will inure to the benefit of Treasure Chest Distributors’ successors, assigns and licensees.

Termination

These terms are effective unless and until terminated by either you or Treasure Chest Distributors. Treasure Chest Distributors also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

Choice of Language

The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis qui s'y rattache, soient rédigés en langue anglaise.

 

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