Lifetouch Canada Terms & Conditions

Terms & Conditions

This Website is Provided by Lifetouch Canada Inc.

Your Use of This Website is Governed by These Terms and Conditions. The Lifetouch.ca website is provided by Lifetouch Canada Inc. ("Lifetouch"). The mailing address for Lifetouch Canada is 1395 Inkster Boulevard, Winnipeg MB R2X 1P6.

These Terms and Conditions May Change

Please take a few minutes to review these Terms and Conditions. Your use of the Lifetouch.ca website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the Lifetouch.ca website.

Lifetouch Logo and Marks

Lifetouch reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Lifetouch.ca website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.

Copyright Notice

The Lifetouch logo and trademarks may be used only on the Lifetouch website and by permitted users who have signed agreements with Lifetouch.

Submissions

All of the content on the Lifetouch.ca website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (collectively "Content"), are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Lifetouch Inc., one of its subsidiaries or by third parties who have licensed their materials to Lifetouch or one of its subsidiaries. The entire Content of the Lifetouch.ca website is copyrighted as a collective work under the Copyright Act of Canada, and Lifetouch owns a copyright in the selection, coordination, arrangement and enhancement of the Content.

Except as otherwise provided in a written agreement from Lifetouch or one of its subsidiaries, the Content of the Lifetouch.ca website, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Lifetouch Inc. reserves complete title and full intellectual property rights in any Content you download from this website.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Lifetouch.

Correction of Errors and Inaccuracies

We welcome your comments regarding the Lifetouch.ca website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Lifetouch.ca shall be and remain the exclusive property of Lifetouch. Your submission of any such Comments shall constitute an assignment to Lifetouch of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Lifetouch will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

DISCLAIMERS

The information on the Lifetouch.ca website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.

LIMITATION OF LIABILITY

THE LIFETOUCH.CA WEBSITE IS OPERATED BY LIFETOUCH ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE LIFETOUCH COMPANIES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, THE LIFETOUCH COMPANIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THIS SITE.

WITHOUT LIMITING THE FOREGOING, THE LIFETOUCH COMPANIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE LIFETOUCH.CA WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE LIFETOUCH.CA WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

WITHOUT LIMITING THE FOREGOING, THE LIFETOUCH COMPANIES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.

THE LIFETOUCH COMPANIES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THE LIFETOUCH.CA WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.

THE LIFETOUCH COMPANIES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE LIFETOUCH.CA WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES AND CANADA.

ENFORCEMENT OF TERMS AND CONDITIONS

UNDER NO CIRCUMSTANCES, SHALL THE LIFETOUCH COMPANIES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE LIFETOUCH.CA WEBSITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY LIFETOUCH BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

BY ACCESSING AND USING THE LIFETOUCH.CA WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE LIFETOUCH.CA WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF CANADA.

IF YOU ARE DISSATISFIED WITH THE LIFETOUCH.CA WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THE LIFETOUCH.CA TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LIFETOUCH.CA WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE LIFETOUCH.CA WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE LIFETOUCH COMPANIES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Revised February 2005

© 2005 Lifetouch Inc. All Rights Reserved