OFFICIAL MORRISSEAU CUSTOMER AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS AND CONDITIONS WHICH AFFECT YOUR LEGAL RIGHTS AND REMEDIES.
• Parties. This Agreement is between you and OFFICIALMORRISSEAU.COM (“OM”) and its OWNER, DIRECTORS, CONTRACTORS, SHAREHOLDERS, EMPLOYEES, ACADEMIC ADVISORS, FAMILIES OR ANY ONE AFFILIATED WITH THE SITE OR CONTROLLING BUSINESS OR PERSONAL ENTITIES. When we refer to “us”, “we” or “our” in this Agreement, we are referring to OM.
• Our Services. OM allows you to PURCHASE PRODUCTS, FIND INFORMATION, SEEK OPINION AND ANY OTHER BUSINESS through our website, which is currently located at www.OFFICIALMORRISSEAU.com (the “Website”). We refer to these services as the “Services”.
• Excluded Services. OM does not provide any Legal services or advice whatsoever. You agree that you are not relying on OM for any Legal services or advice.
• Your Representations, Warranties and Obligations. You represent, warrant and agree that:
• you will:
• only use the site and information in accordance with our instructions;
• immediately stop using the site if you disagree with items contained within;
• only use the site and information within for your personal use;
• not re-sell any item or share any information with any third party; and
• all information you have provided (and will provide) to OM is (and will be) current, complete, and accurate and truthful;
• you will use the Services in a manner consistent with all applicable laws and regulations;
• you will not impersonate anyone or falsely represent an affiliation with any person or entity;
• you will not attempt to disrupt or interfere with the functioning of the Services; and
• you have full legal authority to use the Services.
• Updated Information. You must immediately notify us if any of the information you have provided to us is or becomes inaccurate or incorrect.
• Security. You must maintain the confidentiality and security of your username and password. You are solely responsible for all activities conducted under your username.
• Prices and Quantity. All prices are in Canadian dollars and are subject to change without prior notice. OM reserves the right to limit the quantities of your orders.
• No Refunds. We will not provide any refunds after your order has been shipped.
• Mistakes. If an error occurs regarding the description, price or availability of any product displayed on the Website or regarding any aspect of your order, OM may correct or cancel your order at any time.
• Privacy Policies. OM respects your personal privacy. You can ask to view our privacy policies.
• Consent to Collection of Personal Information. You acknowledge that OM and its OWNER, DIRECTORS, CONTRACTORS, SHAREHOLDERS, EMPLOYEES, ACADEMIC ADVISORS, FAMILIES OR ANY ONE AFFILIATED WITH THE SITE OR CONTROLLING BUSINESS OR PERSONAL ENTITIES will collect personal information about you (your “ Personal Information ”), including your name, contact information, gender, images of your collection and credit card numbers.
You acknowledge that OM and its OWNER, DIRECTORS, CONTRACTORS, SHAREHOLDERS, EMPLOYEES, ACADEMIC ADVISORS, FAMILIES OR ANYONE AFFILIATED WITH THE SITE OR CONTROLLING BUSINESS OR PERSONAL ENTITIES may use the Personal Information for the following purposes:
• to customize the advertising and content that is presented to you on the Website,
• to process and deliver orders you place on the Website,
• to process your payment,
• to contact you regarding your orders or to provide you with future information about our services, and
• to use your Morrisseau related images for our Database use and or to contact legal authorities regarding possible legal issues.
You acknowledge that OM will disclose your Personal Information electronically or in writing to its OWNER, DIRECTORS, CONTRACTORS, SHAREHOLDERS, EMPLOYEES, ACADEMIC ADVISORS, FAMILIES OR ANY ONE AFFILIATED WITH THE SITE OR CONTROLLING BUSINESS OR PERSONAL ENTITIES , OM's payment and delivery service providers and the purposes described in the above paragraph. OM will not provide this information to any additional parties without your consent.
YOU HEREBY CONSENT TO OM AND Owner, Directors, Contractors, Shareholders, Employees, Academic Advisors, Families or anyone affiliated with the site or Controlling business or personal entities, USING AND DISCLOSING YOUR Personal Information and Morrisseau related images IN THE MANNER DESCRIBED ABOVE. YOU ALSO CONSENT TO YOUR Personal Information BEING DISCLOSED AS DESCRIBED ABOVE.
YOU HEREBY CONSENT TO waive all rights to copyright of al Morrisseau related works and images and acknowledge that the ownership of copyright is exclusive to the Morrisseau Estate.
• WEBSITE RISKS: THE WEBSITE, ITS DESIGN, AND ALL INFORMATION, IMAGES, ARTWORK, TEXT, VIDEO, AUDIO, PICTURES AND OTHER MATERIALS ON THIS WEBSITE (COLLECTIVELY, THE “Content”) ARE PROVIDED “AS IS”. THE Content IS BELIEVED TO BE ACCURATE WHEN IT WAS POSTED ON THIS SITE. HOWEVER, OM DOES NOT REPRESENT OR WARRANT THAT THE Content IS ACCURATE, COMPLETE OR CURRENT.
• ART PURCHASE RISKS: THERE ARE RISKS INVOLVED WITH THE PURCHASE OF ART. OM DOES NOT ACCEPT RESPONSIBILITY FOR ANY OF THESE RISKS, NOR DOES OM ACCEPT ANY RESPONSIBILITY FOR DETERMINING WHETHER ANY PARTICULAR PURCHASE IS SAFE, REAL, VALID OR SUITABLE FOR YOU. YOU FULLY AND SOLELY ACCEPT THESE RISKS AND RESPONSIBILITIES.
• CONDITIONS OF USE: THE INFORMATION PROVIDED ON OM IS INTENDED FOR INFORMATION PURPOSES ONLY. YOU SHOULD CONSULT YOUR ART PROFESSIONAL EXPERT BEFORE BUYING ANY OF THE PRODUCTS REFERRED TO HEREIN.
• RELEASE: YOU RELEASE OM AND ITS OWNER, DIRECTORS, CONTRACTORS, SHAREHOLDERS, EMPLOYEES, ACADEMIC ADVISORS, FAMILIES OR ANY ONE AFFILIATED WITH THE SITE OR CONTROLLING BUSINESS OR PERSONAL ENTITIES FROM ALL CLAIMS, ACTIONS, LIABILITIES AND DAMAGES OF EVERY KIND AND NATURE RELATING TO ANY RISKS AND RESPONSIBILITIES DESCRIBED ALL SECTIONS ABOVE.
• DISCLAIMERS: OM DISCLAIMS AND WILL NOT BE BOUND BY ANY WARRANTIES, CONDITIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED BY LAW OR CUSTOM, WITH RESPECT TO THE Services, THE Website, THE Content OR THE VALIDATIONS AND OTHER PRODUCTS SUPPLIED BY OM , INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
• LIMITATION OF LIABILITY: OM AND ITS OWNER, DIRECTORS, CONTRACTORS, SHAREHOLDERS, EMPLOYEES, ACADEMIC ADVISORS, FAMILIES OR ANY ONE AFFILIATED WITH THE SITE OR CONTROLLING BUSINESS OR PERSONAL ENTITIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE ARISING DIRECTLY OR INDIRECTLY FROM USE OF THIS WEBSITE, ITS Content, THE ADVICE OR VALIDATIONS SUPPLIED BY OM OR OUR SERVICES. IN JURISDICTIONS THAT DO NOT PERMIT EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
• MAXIMUM LIABILITY: THE MAXIMUM LIABILITY OF OM AND ITS OWNER, DIRECTORS, CONTRACTORS, SHAREHOLDERS, EMPLOYEES, ACADEMIC ADVISORS, FAMILIES OR ANY ONE AFFILIATED WITH THE SITE OR CONTROLLING BUSINESS OR PERSONAL ENTITIES FOR ALL DAMAGES RELATED TO THE Services OR OTHERWISE UNDER THIS AGREEMENT WILL BE LIMITED IN THE AGGREGATE TO THE TOTAL OF THE AMOUNTS YOU PAID TO OM UNDER THIS AGREEMENT .
• INDEMNITY: YOU WILL INDEMNIFY AND HOLD OM HARMLESS FROM AND AGAINST ALL CLAIMS, FINES, TAXES, DAMAGES, EXPENSES, COSTS (INCLUDING ACTUAL LAWYERS' FEES) INCURRED BY OR CLAIMED AGAINST OM OR ITS OWNER, DIRECTORS, CONTRACTORS, SHAREHOLDERS, EMPLOYEES, ACADEMIC ADVISORS, FAMILIES OR ANY ONE AFFILIATED WITH THE SITE OR CONTROLLING BUSINESS OR PERSONAL ENTITIES FOR ANY REASON RELATING DIRECTLY OR INDIRECTLY TO YOUR BREACH OF ANY OBLIGATIONS IN THIS AGREEMENT OR THE UNTRUTHFULNESS OR INACCURACY OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES IN THIS AGREEMENT.
• COPYRIGHT: THE WEBSITE AND THE CONTENT ARE PROTECTED BY COPYRIGHT LAWS. YOU MAY DOWNLOAD THE CONTENT FOR YOUR PERSONAL, NON-COMMERCIAL VIEWING, BUT YOU MAY NOT OTHERWISE COPY, REPRODUCE, REPUBLISH, POST, TRANSMIT, DISPLAY, PERFORM, DISTRIBUTE, MODIFY OR CREATE DERIVATIVE WORKS FROM THE CONTENT WITHOUT OM'S PRIOR WRITTEN APPROVAL.
• TRADEMARKS: OFFICAILMORRISSEAU™ AND THE NORVAL MORRISSEAU™ LOGO OR SIGNATURES AND ALL OTHER TRADEMARKS AND TRADE NAMES OF OM APPEARING ON THE WEBSITE ARE OWNED BY OM. YOU MUST NOT USE ANY OF THESE MARKS IN ASSOCIATION WITH ANY PRODUCT OR SERVICE, IN ANY MANNER THAT IS LIKELY TO CAUSE CONFUSION, OR IN ANY MANNER THAT DISPARAGES OR DISCREDITS OM.
• LINKING: THE SITES THAT ARE LINKED FROM OUR WEBSITE ARE NOT UNDER OUR CONTROL, AND OM DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY COMMUNICATIONS OR MATERIALS AVAILABLE AT THOSE LINKED SITES. ALL LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY; THEY ARE NOT AN ENDORSEMENT OR REFERRAL BY OM. IF YOU WISH TO PROVIDE A LINK TO THE WEBSITE FROM YOUR WEBSITE, YOU MAY ONLY LINK TO OUR HOME PAGE AT WWW.OFFICAILMORRISSEAU.COM. YOU MAY NOT USE ANY OF OM'S ICONS ON YOUR WEBSITE WITHOUT THE EXPRESS WRITTEN CONSENT OF OM, AND YOU MAY NOT USE THE LINK TO SUGGEST THAT OM SPONSORS, ENDORSES, APPROVES OF OR IS AFFILIATED TO YOUR WEBSITE.
• GOVERNING LAW/COURTS: THIS AGREEMENT WILL BE INTERPRETED ACCORDING TO THE LAWS IN FORCE IN BRITISH COLUMBIA, CANADA, AND THE PARTIES HEREBY ATTORN TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF BRITISH COLUMBIA. YOU AGREE THAT YOU WILL NOT INITIATE OR PARTICIPATE IN ANY LAWSUIT OR OTHER LEGAL ACTION OR PROCEEDING AGAINST OM OR ITS OWNER, DIRECTORS, CONTRACTORS, SHAREHOLDERS, EMPLOYEES, ACADEMIC ADVISORS, FAMILIES OR ANY ONE AFFILIATED WITH THE SITE OR CONTROLLING BUSINESS OR PERSONAL ENTITIES IN ANY COURT OTHER THAN THE COURTS OF BRITISH COLUMBIA, CANADA. YOU AGREE THAT OM MAY ENFORCE A FINAL BRITISH COLUMBIA JUDGMENT IN ANY OTHER JURISDICTION BY INITIATING AN ACTION OR PROCEEDING IN THAT JURISDICTION BASED ON THE BRITISH COLUMBIA JUDGMENT OR BY TAKING ANY OTHER STEPS PERMITTED BY LAW.
• NOTICES: YOU CONSENT TO RECEIVING NOTICES FROM OM BY EMAIL (USING THE EMAIL ADDRESS YOU PROVIDE TO OM FROM TIME-TO-TIME THROUGH THE WEBSITE) OR THROUGH POSTINGS ON THE WEBSITE. YOU AGREE THAT ALL NOTICES PROVIDED IN THIS WAY SATISFY ANY LEGAL REQUIREMENT THAT SUCH NOTICES BE GIVEN IN WRITING. YOU WILL SEND ALL NOTICES TO OM VIA EMAIL TO INFO@ OFFICAILMORRISSEAU.COM, OR TO SUCH OTHER ADDRESSES OR NUMBERS AS REQUIRED BY ANY FURTHER NOTICE FROM OM.
• CHANGES: THE TERMS AND CONDITIONS OF YOUR FUTURE ORDERS WITH OM MAY VARY FROM THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE ENSURE YOU THOROUGHLY READ THE TERMS AND CONDITIONS IN EFFECT AT THE TIME YOU PLACE YOUR ORDER WITH OM.
• GENERAL: NO WAIVER OF ANY BREACH OF ANY TERM OR CONDITION OF THIS AGREEMENT WILL BE CONSTRUED TO WAIVE ANY SUBSEQUENT BREACH OF THE SAME OR ANY TERM OR CONDITION OF THIS AGREEMENT. IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID, ILLEGAL OR UNENFORCEABLE, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS WILL NOT IN ANY WAY BE AFFECTED OR IMPAIRED. THIS AGREEMENT FORMS THE COMPLETE AGREEMENT BETWEEN THE PARTIES AND WILL NOT BE INTERPRETED BY REFERENCE TO ANY PREVIOUS DOCUMENT OR AGREEMENT, EITHER ORAL OR WRITTEN, UNLESS SPECIFIC PROVISION IS HEREIN MADE TO THE CONTRARY. YOU MAY NOT ASSIGN OR SUBLICENSE ANY OF YOUR RIGHTS UNDER THIS AGREEMENT WITHOUT OUR WRITTEN CONSENT, WHICH MAY BE WITHHELD FOR ANY REASON OR WITHOUT REASON. WE MAY ASSIGN AND SUBLICENSE ALL OR ANY OF OUR RIGHTS UNDER THIS AGREEMENT AS WE SEE FIT. HEADINGS HAVE BEEN INSERTED INTO THIS AGREEMENT FOR CONVENIENCE ONLY AND WILL NOT BE USED TO INTERPRET THIS AGREEMENT. YOU WILL EXECUTE AND DELIVER TO US ANY ADDITIONAL INSTRUMENTS AND TAKE ANY ADDITIONAL STEPS THAT MAY BE REQUIRED TO GIVE FULL EFFECT TO THE INTENT EXPRESSED IN THIS AGREEMENT. THIS AGREEMENT WILL BIND AND ENSURE TO THE PARTIES HERETO AND THEIR RESPECTIVE LAWFUL SUCCESSORS AND PERMITTED ASSIGNS.