TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY

Welcome to our Web site (the”Site”). The site is provided by Canopy Designs Ltd. (“Canopy Designs”) Use of this Site is conditioned upon your acceptance of the terms and conditions below (the”Terms of Use”). By accessing or using this Site and any of the content or services provided through the Site, you acknowledge that you have read, understand and agree to the Terms of Use. The Terms of Use are subject to change from time to time, so you should review them for changes periodically. Use of the Web site after such changes constitutes your acceptance of the Terms of Use in effect at the time of such use.

1. Scope of Use

All software and content included on this site, such as text, images, and logos, is the owned or licensed property of Canopy Designs, its licensors or content suppliers and protected by United States and other national copyright laws. Canopy Designs grants you permission to view and use the content made available to you on the Site in connection with your use of the Site. No material from this Site may be copied, reproduced, republished, uploaded, displayed posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of Canopy Designs’ copyright and other proprietary rights. Any product, process or technology described in this Web site may be the subject of other intellectual property rights reserved by Canopy Designs or its affiliates and are not licensed hereunder. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to”frame” or”mirror” the Site.

2. Privacy Policy

Any information you give us will be stored and used in accordance with Canopy Designs’s Website Privacy Policy http://canopydesigns.com/customer-service/privacy-policy. By indicating you accept these terms and conditions, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

3. Disclaimer

THIS SITE AND MATERIALS IN THIS SITE ARE PROVIDED”AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CANOPY DESIGNS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CANOPY DESIGNS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

CANOPY DESIGNS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THIS SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THIS SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND CANOPY DESIGNS DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

4. Limitation of Liability

CANOPY DESIGNS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THIS SITE, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF CANOPY DESIGNS, AN AFFILIATE OF CANOPY DESIGNS, OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CANOPY DESIGNS ‘S 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 TO CANOPY DESIGNS, IF ANY, FOR ACCESSING THIS SITE. 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.

5. Indemnity

If you are accessing the Site in the course of a business, you agree to indemnify Canopy Designs and to keep us indemnified from all or any liability or damages incurred in contract, tort or otherwise towards a third party as a result of your use of this Site.

6. Changes and Modifications

Canopy Designs, at its sole discretion, may change, modify, revise and or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when such change is posted. Any use of the Site after such posting shall be deemed to constitute acceptance of such changes, modifications, or revisions. Canopy Designs may modify its services at any time.

Canopy Designs may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Canopy Designs may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Canopy Designs may terminate the authorization, rights and license given to you, as provided herein, at any time.

7. Third-Party Sites and External Linking to the Site

On the Site Canopy Designs may provide links to web sites operated by other entities as a convenience to Site users. If you use these site links, you will leave Canopy Designs’s Site. Canopy Designs makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Canopy Designs disclaims all liability with regard to your access to such linked web sites.

If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions:

Canopy Designs expressly reserves the right to revoke the right granted in this section for breach of these terms and to take any action it deems appropriate. You agree to indemnify Canopy Designs for any loss or damage suffered by Canopy Designs for breach of this section.

8. Trademark and Copyright Information

The name”Canopy Designs” and all trademarks and service marks displayed on this site are marks of Canopy Designs and may not be used in connection with any product or service that is not Canopy Designs’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Canopy Designs. All names, trademarks and copyrights, unless otherwise noted, are owned or licensed by the Canopy Designs.

9. Governing Law

These terms shall be governed by and construed and enforced in accordance with the laws of the State of New York, without reference to conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of New York (one of the United States of America) for resolution of all disputes arising from, concerning, or related to these Terms of Use and/or your use of the Site. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use.

10. Local Laws

This Site is operated from or through one or more Canopy Designs or third-party facilities. Canopy Designs makes no representation that the information and materials on the Site are appropriate or available for use in other locations. Access of the Site from locations where the content of the Site may be illegal is prohibited. If you access the Site from other locations, you are responsible for compliance with all applicable local laws. In addition, use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Canopy Designs has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Any use in contravention of this provision or any provision of this agreement is at your own risk, and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the agreement as so modified shall govern such use.

11. General Terms

These Terms of Use, the Privacy Policy, and any terms of sale constitute the entire agreement between you and Canopy Designs with respect to this Site. No modification to this agreement shall be effective unless it is executed by Canopy Designs. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement or any notice given by Canopy Designs in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Canopy Designs in printed form.

These Terms of Use are effective as of December 14, 2011

Our terms of use can be downloaded here:
Terms of Use [PDF]