July 17, 2007

whatajewel.com Terms & Conditions

By accessing any areas of whatajewel.com you acknowledge and agree to the terms and conditions set out below.

Your Account
You are responsible for all activity on your account, including all purchases made by you or anyone you allow to use your account, including your children, other members of your family or friends. This means that, unless your account or credit information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account. You agree to authorize What A Jewel to charge purchases you make on-line to the credit card you supply to Beanstream (http://www.beanstream.com), What A Jewel’s payment processing service provider.

Copyrights & Trademarks
The whatajewel.com website design, text, graphics and arrangement is protected by copyright, trade-mark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by What A Jewel.  Nothing contained on the whatajewel.com site should be considered as granting, by implication, estoppel, or otherwise, any licence or right to use any trade-marks, logos, or copyrighted material without the express written consent of What A Jewel.

Use of Intellectual Property
No information or material from the whatajewel.com Web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials on any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any ownership rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on the whatajewel.com website and any content accessed through the whatajewel.com website.

You will use the whatajewel.com website and any content, material, or information found on the whatajewel.com website solely for lawful purposes.

Disclaimer of Warranties & Limitation Of Liability
What a Jewel AND ITS SUPPLIERS PROVIDE THE PRODUCTS AND/OR SERVICES SOLD BY What A Jewel ON THE whatajewel.com site AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THE whatajewel.com site, ON AN "AS IS" BASIS, EXCEPT FOR MANUFACTURERS’ STANDARD WARRANTIES. What A Jewel, ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE whatajewel.com site. NEITHER What A Jewel NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS NOR ANY OF ITS SUPPLIERS MAKES ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF THE whatajewel.com site OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE whatajewel.com site, INCLUDING, BUT NOT LIMITED TO, THE CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, OR POSTING FOUND ON THE whatajewel.com site, ANY PRODUCTS AND/OR SERVICES PROVIDED THROUGH THE whatajewel.com site, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE whatajewel.com site OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE INTERNET OR THE whatajewel.com site. NEITHER What A Jewel NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE whatajewel.com site OR ACCESS TO AND USE OF THE whatajewel.com site WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. You expressly agree that use of the whatajewel.com website is at your sole risk.
 
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH SHALL What A Jewel OR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULTS FROM THE FAILURE OR DELAY IN THE DELIVERY OF, OR THE USE OF, OR THE INABILITY TO USE, ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU, AND ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS ON THE whatajewel.com site, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER What A Jewel NOR ITS AFFILIATES AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.

Miscellaneous Terms
We do our best to provide you with the most up-to-date and accurate information. In the event that an error does occur, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on our website.

Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario.