Terms and Conditions
Last revised FEBRUARY 20, 2020
NOTICE TO USER—PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. This Web site (the “Site“) is provided by Heritage Cookbook, Inc. /Ring Anderson Inc. (“Heritage“) which allows users to share and record recipes with others and to create and print books (the “Services”) subject to these terms and conditions of use as amended from time to time (the “Terms“).
By using this Site, you signify that you have read, fully understand and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations as they may change from time to time including without limitation all copyright and intellectual property laws. To make a purchase on the Site, you must be at least the applicable age of majority in your state/province/territory/jurisdiction of residence, able to form legally binding contracts.
IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS YOU MUST REFRAIN FROM USING THIS SITE AND THE SERVICES.
To use the Site and the Services, you must have access to the internet. Users are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.
Certain features and/or portions of this Site may be password-protected and may require you to complete a registration process and create an account (“Account”) in order to obtain access. When registering to use any such features and/or portions of the Site, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information if it changes. If you do not provide or update such information, or if we suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your Account, username and/or password and prevent you from using the Site, or any features or portions of the Site.
You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of any passwords or other Account identifiers that you choose or that are assigned to you; and (c) all activities that occur under such password(s) or Account(s). It is your responsibility to keep your username and any password confidential and secure. In the event that your Account, username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us using the contact information specified below. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your user Account.
2. Making Purchases on the Site.
You may only make purchases (each an “Order”) through the Site if you are over the age of legal majority in the state/province/territory where you reside. Certain features of the Site and Services, are made available to users without purchase of a premium membership. Heritage may at its discretion and subject to these Terms make certain content, such as access to photos, page layouts, fonts, and cover templates, available to users without charge on creation of an Account. Other features and Services, such as premium templates and fonts, recipe storage, a personal photo library, and other benefits may only be made available to users who purchase a membership subscription (“Subscription”).
For the current list of services and content made available under a Subscription, Click Here.
All Orders made through the Site are subject to the terms and conditions of this Agreement, as well as any other applicable terms and conditions outlined on the Site relating to the Order. We reserve the right to change the pricing and other terms and conditions relating to the purchase, return, refund, or delivery of the Services offered on the Site at any time without notice.
Unless otherwise indicated, all dollar amounts on the Site are in American Dollars.
You have a legal obligation to pay for any Orders indicated to be made by you, or through your Account. In order to complete an Order through the Site, you may be required to provide certain additional information that is required to process your Order. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment of your Order. By completing a purchase transaction through the Site, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling fees specified in relation to your Order, either by credit card or other permitted payment method. Payments are processed by our trusted third party service provider. We reserve the right to change the permitted methods of payment, including without limitation, the credit cards we are able to accept, at any time. If complete payment for your Order is not received and verified by us, your Order will be cancelled and will not be processed. If you do not complete or improperly complete your Order it may not be accepted or acknowledged.
You will be billed for your Order at the time your Order is placed. for recurring payments for Subscriptions, please see section 6 below. You will be responsible for all applicable taxes related to your Order. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, return shipping and gift packaging charges. Taxes may depend on delivery location.
For the purchase of printed cookbooks or other delivered goods, the estimated delivery time will be specified in your Order. Access to a Subscription is granted once you have completed your Subscription Order. Digital copies of cookbooks are delivered to the email address you specify for that purpose.
Purchases will only be shipped to a valid mailing address recognized by the third party shipping company. We may not be able to ship to all parts of the world. In the event we are not able to ship to the shipping address you provide, we will notify you, your order will be cancelled, and you will receive a refund in respect of your purchase (unless you provide an alternate eligible shipping address).
Please note that multiple Orders may not always be shipped together. In addition, depending on the size of your Order, you may receive several shipments to complete your Order.
5. Our Rights Regarding Orders
Without limiting the generality of these Terms, we reserve the right to limit or refuse any Order. Further, we reserve the right to verify the validity of all Orders and cancel any Order if we find evidence of fraud, tampering and/or any other violation of these Terms. 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 account, the same credit card, and/or Orders that use the same billing and/or shipping address. We also reserve the right, in our sole and absolute discretion, not to allow purchases from certain addresses or geographic locations. In the event that we choose not to ship an item, you will be notified accordingly and any amount charged in relation to your Order will be refunded.
Heritage also reserves the right at its sole discretion, to prohibit sales to distributors or resellers.
All Orders are subject to verification by Heritage at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to Heritage): (i) for the purposes of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Order in accordance with our interpretation of the terms and conditions of this Agreement. In order to help protect you and Heritage from fraudulent transactions, we may provide your transaction-related information to a reputable third party organization to perform an address verification.
6. Premium Membership
Heritage may at its discretion and subject to these Terms make certain content and Services available to users without charge on creation of an Account. Additional content and services may be available to users who purchase a Subscription. A Subscription may include access to additional fonts, cover templates, and/or online storage for your recipes and photos. For the current list of services and content made available under a Subscription, and any associated limitations go to our pricing page.
By completing your registration for a Subscription, you authorize us to con a recurring basis and charge you a subscription fee plus applicable taxes (“Subscription Fees”) in accordance with the Subscription terms you select. Subscription Fees are charged initially when you first subscribe. The initial Subscription Fee will be payable immediately when you purchase a Subscription.
At the end of the one year term, we will provide you with notice of the renewal/expiration.
7. Cancelling a Gourmet Membership or Account
We may cancel your Subscription upon no less than thirty (30) days (if you are a resident of Québec, if you have defaulted) advance written notice to you, or less or no notice if permitted by law.
You may cancel your Subscription using the tools provided in your user Account. All Subscription Fees are non-refundable. We will not provide refunds or credits for any partial Subscription periods. If you cancel your Subscription before the end of your Subscription term, you will not be refunded any portion of the Subscription Fee (or any applicable taxes), however, you will continue to have access to the Subscription through the end of your current billing period, at which point your Subscription will terminate.
Please note that if you or we terminate or cancel your Subscription or Account, we are not obligated to retain any recipes or photos you may have stored and we may delete them.
We, in our sole discretion and without liability, reserve the right to cancel, terminate, restrict or suspend your access to the Service, your Subscription, or to delete your Account and any information or user profile(s) related to such Account (including without limitation any recipes or photos you may have stored) if we reasonably believe that you are or will be in violation of these Terms and/or any applicable laws. Any such cancellation, termination, restriction, suspension or deletion is in addition to, and not in lieu of, any rights and remedies available to us under these Terms or any applicable law. The agreement formed by your acceptance of these Terms will continue to apply to and be binding upon you in respect of your prior use of the Site and Service. For greater certainty, any indemnification, warranties and limitations of liability under these Terms remain in effect following any cancellation, termination, restriction, suspension or deletion.
8. Returns and Refunds
All Subscription Fees and Orders are non-refundable. We will not provide refunds or credits for any partial Subscription periods. If you cancel your Subscription before the end of your Subscription term in accordance with section 7 above, you will not be refunded any portion of the Subscription Fee (or any applicable taxes). Following any cancellation, however, you will continue to have access to the Subscription through the end of your current billing period, at which point your Subscription will terminate..
At any time, Heritage may make promotional offers on certain products, services, days, or portions of any day. We may also offer contests or sweepstakes in association with the Services. Heritage may make such promotional offers to all users, or any subset of them, in its sole and absolute discretion. These Terms shall apply to such offers, along with any additional terms and conditions, rules and eligibility criteria that accompany the offer, unless you are notified otherwise.
Without limiting any other provision(s) of this Agreement, you acknowledge and agree that Heritage has no obligation whatsoever under this Agreement or otherwise to correct any defects or errors in the Site or Services, or any component of the Services, regardless of whether you inform Heritage of such defects or errors or Heritage otherwise is, or becomes aware of, such defects or errors.
11. User Conduct
Certain features and/or portions of this Site may (or may in the future) permit you to upload, post or otherwise transmit content that you have created, such as family recipes or photos. The Site and the ability to contribute material (a “Contribution“) on this Site are provided to you solely for your information and enjoyment.
Without limiting the foregoing, when you make a Contribution or otherwise use the Services, you agree not to use the Site or Services to upload, post, copy, reproduce, distribute or otherwise transmit any online information, including but not limited to any Contribution including recipes, text, images, photos, logos or trademarks (the “Content“) in any way or to submit any material that:
- may, in the sole and absolute discretion of Heritage, degrade, tarnish or deprecate Heritage and/or the public image or standing in the community of Heritage, provided it is understood that this shall not be interpreted to prohibit you from expressing your true and honest experience with Heritage or its services or products in a manner prohibited under applicable law;
- is deemed, in the sole and absolute discretion of Heritage, to be defamatory, trade libelous, pornographic or obscene;
- is deemed, in the sole and absolute discretion of Heritage, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; commercial messages, comparisons or solicitations for products or services other than products of Heritage; any identifiable third party products, trade-marks, brands and/or logos, other than those of Heritage; conduct or other activities in violation of these Terms; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by Heritage in its sole and absolute discretion;
- contains any personal information, reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your Content, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);
- is in any way disparaging, or might be seen to be disparaging, to Heritage or any third party;
- infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever. For example, you may only share recipes that you own the rights to or have a legal right to share, such as a recipe that is your original creation, or an old family recipe that is not subject to copyright. Without limitation, you may not share or post recipes you find in a commercial cookbook or a third party recipe site;
- contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc) unless you have first obtained consent from the owner of such materials; or
- that will intentionally or unintentionally violate any applicable local, state, provincial/territorial, national or international law.
You acknowledge and agree that the Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content and that you may not rely on any such Content. You must abide by all additional copyright notices or other restrictions contained on the Site. If you should violate any of the Terms of this Agreement, your right to use this Site may be discontinued without notice to you.
You agree that you shall not use the Site or the Services to:
- disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site or Services;
- use, copy, modify, download or transfer the Site or Services or any component of the Site or Services (including, without limitation, the Content), in whole or in part, except as expressly provided in this Agreement;
- reverse engineer, disassemble, decompile, or translate the Site or Services or any component of the Site or Services (including, without limitation, the Content); (ii) attempt to derive the source code of the Site or Services or any component of the Site or Services (including, without limitation, the Content); (iii) create any derivative work from the Site or Services or any component of the Site or Services (including, without limitation, the Content other than as expressly provided herein); and/or (iv) authorize or assist any third party to do any of the foregoing;
- rent, lease, loan, resell, or otherwise distribute the Site or Services or any component of the Site or Services (including, without limitation, the Content);
- remove or alter any proprietary notice or legend regarding Heritage’s, or any third party’s, proprietary rights in the Site or Services or any component of the Site or Services (including, without limitation, the Content);
- remove, circumvent or disable any rights management or protection tools we use on the site or in respect of any Content;
- use the Site or Services or any component of the Site or Services (including, without limitation, the Content) except in accordance with the terms of this Agreement and all applicable laws and regulations;
- collect information about others without their consent; and/or
- upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.
Further, you agree that you shall not engage in prohibited or unauthorized use of the Site or Services, or of Heritage systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the Site or Services.
13. Unsolicited Materials
In operating the Site, Heritage does not solicit nor does it wish to receive any confidential, secret or proprietary information. Any information or material submitted or sent to Heritage will be deemed not to be confidential or secret. By submitting or sending a Contribution, Content or other material to Heritage you represent and warrant that it is original and that no other party has any rights to it. You are solely responsible for any Contribution or Content that you post on the Site.
14. You Grant Heritage and other users a Limited License to your Content
By communicating with Heritage, including submitting or sending a Contribution, Content, or other information, you grant to Heritage the world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate, create compilations and derivative works from to reproduce and otherwise use such Contribution or Content: 1. for the purpose of rendering the Services which you have requested (for example, allowing you to store Content or create a book); and/or 2. for the purposes, where you have granted Heritage your additional permission, of sharing a Contribution or Content with the public via the Site, other websites, and social media. You hereby waive all moral rights in and to all Contributions or Content that you post on, upload or otherwise submit to or through, the Site in favour of Heritage.
Without limiting the foregoing, if you choose to allow us to share your Content, you grant us permission to include your Contribution and/or Content in books, and to allow other users to do so, and/or use it in manners other than providing the Services such as sharing a Contribution or Content with the public via social media, including for other commercial, charitable purposes. Recipes you choose to share in this manner may appear publicly on our Site. Further, you agree to allow copies of such Content to be shown for promotional purposes.
15. User Waivers and Representations
By using the Site and providing Content, you hereby acknowledge, agree, warrant and represent to Heritage that any and all Content (in any format or media) you post on, upload to or otherwise submit to or through, the Site:
- is original to you and that you have obtained all necessary rights in and to the Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Site; and
- does not violate any law; and
Without limiting the generality of the foregoing, you also hereby acknowledge, agree, warrant and represent to Heritage that:
- you shall be responsible for all acts or transactions that occur under your Account, including, without limitation, for ensuring the accuracy, reliability or completeness of any and all Content you upload, post or otherwise transmit to or through the Site;
- we cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any Content; and
- we do not generally screen or edit Content, but that we reserve the right, in our sole and absolute discretion and at any time, although we are under no legal obligation to do so, to monitor, edit or otherwise remove, without any notice and without obligation or incurring any liability, any Content (or any portion of any Content) on the Site.
16. Linked Sites and Electronic Transmissions
You may be able to link to third parties’ websites (“Linked Sites“) from the Site. Linked Sites are not, however, reviewed, controlled, or examined by Heritage and Heritage is not responsible for the content or any other materials of such Linked Sites or any additional links contained therein. It is your sole responsibility to comply with the appropriate terms of service and any other obligation of the Linked Site. Permission must be granted by us for any type of link to HeritageCookbook.com. To seek our permission please write to [email protected].
17. Intellectual Property Rights
HERITAGE GRANTS YOU A LIMITED LICENSE TO MAKE PERSONAL USE ONLY OF THE SITE. Heritage owns or licenses all rights in and to the Site, all underlying software, HTML and other source code, the Site templates, introductory pages, covers and dividers including, but not limited to all copyrights, trademarks, trade secrets, patents and all other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Site or any portion thereof for any purpose. You may, however, print a copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed. Heritage reserves all other rights not expressly granted herein.
Without limiting section 14, if you give us your permission to share your Content, you agree that Heritage shall have the right to use, and to allow others to use, copies of cookbooks generated by the Site and Content you submit to the Site for promotional, commercial, academic, archival or cultural purposes, provided that Heritage may not sell or otherwise commercially distribute copies of your cookbook without your prior written agreement. For clarity, and subject to the license you provide in section 14, nothing in these Terms grants Heritage ownership of your Contributions or Content. However, Heritage owns all the right, title, and interest, including all copyright, in its unique presentation and formatting of your Contribution and Content, and any electronic copies thereof, including, without limitation, the PDF files generated by the Site (“Site Output”). You hereby waive all moral rights you may have in and to all Site Output in favour of Heritage. The Site, the Services, and the Site Output are the exclusive property of Heritage and may not be reproduced, published or otherwise exploited without the prior written consent of Heritage.
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site and/or Site Output may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Heritage or other third party individuals or entities.
Trade-marks may be unregistered or registered in Canada and in other countries, as applicable. All Trade-marks not owned by Heritage are the property of their respective owners, and, where used by Heritage are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on the Site or any component of the Site (including, without limitation, the Site Output) may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with Heritage’s ownership of, or any third party’s ownership of, the Trade-marks. If you wish to incorporate any Trade-marks within another site or content, you must contact us and request our written permission, which may be withheld in our sole and absolute discretion.
18. Disclaimer Of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, THE SITE OUTPUT, AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE THE CONTENT ON THE SITE AND/OR THE SITE OUTPUT WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
COMMENTS OR OPINIONS EXPRESSED ON THE SITE ARE THOSE OF THEIR RESPECTIVE SITE USERS ONLY. THE VIEWS EXPRESSED ON THE SITE AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF HERITAGE. THE RELEASEES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SITE.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT HERITAGE HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HERITAGE. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
19. Limitation Of Liability
You acknowledge that Heritage is not responsible for material submitted to it or posted to the Site. Heritage may, in its sole discretion, refuse or remove any Contribution or Content, in whole or in part, that in its judgment is objectionable. You will remain responsible for the accuracy, copyright compliance, legality or any other aspect of a Contribution or any Content.
IN NO EVENT WILL HERITAGE, ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING OUT OF YOUR ACCESS, INABILITY TO ACCESS OR USE OF THE SITE OR FOR ANY INJURY TO YOUR COMPUTER, INCLUSIVE OF VIRUSES, OR FOR ANY OMISSIONS, INACCURACIES, DELETIONS OR ALTERATIONS ON THE SITE OR OF CONTENT, ANY FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION OF CONTENT, DEFECT, THEFT, DESTRUCTION OR OUT OF INFECTION BY VIRUSES OR ANY OTHER DESTRUCTIVE PROPERTIES OR INTERRUPTIONS OR ERRORS ON THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Heritage, its officers, directors, agents and employees (the “Releases”) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms. Heritage reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with Heritage in asserting any available defense.
21. Parental Permission
We encourage parents to take an active interest in their children’s use of the Internet. We do not intend to collect information from children who are under 13 years of age. If you are under the age of 13, please do not provide information on our Site. If you provide us with the personal information of another person who is above 13, but under the age of majority, you must have the consent of their parents/legal guardian to do so.
22. Notice of Infringing Contributions or Content
While we are under no legal obligation to actively screen or edit user Contributions or Content, we reserve the right, in our sole and absolute discretion, to modify, edit or remove any user Contributions or Content, or to request a user to modify or edit his or her user Contributions or Content, if a complaint or notice of allegedly infringing materials is received with respect to the user Contributions or Content, or for any other reason.
If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, or any other intellectual property law, you agree to promptly report any alleged copyright, or trade-mark or other infringements taking place on or through Site by providing a written notice with the following information:
- Identification of the copyrighted work, or trade-mark or other right that you claim has been infringed;
- Identification of the allegedly infringing content, and information reasonably sufficient to permit Heritage to locate it;
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trade-mark owner, its agent, or the applicable law;
- A statement by you that you attest that the information in your notice is accurate and that you are the copyright/trade-mark owner or otherwise authorized to act on the owner's behalf; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
To complain about user Contributions or Content and/or to provide notice of allegedly infringing materials on the Site, please contact us at: [email protected]
23. Accuracy and Changes
Facts and information provided by Heritage on the Site are believed to be accurate when placed on the Site. Changes may be made at any time to the information at this Site without prior notice. Please consult Heritage for complete and up-to-date information on products and services.
24. Applicable Laws / Jurisdiction
Heritage is owned by Ring Anderson Inc, a company incorporated in Ontario, Canada.
For users who are not individuals residing in the province of Quebec, you agree that the laws of the province of Ontario and the federal laws of Canada applicable therein, shall govern the Terms and Conditions, without respect to their principles of conflict of laws. Your use of the Site may be subject to other local, provincial/territorial, national, and international laws. You hereby consent to the exclusive jurisdiction and venue of the provincial and federal courts in the city of Toronto in the province of Ontario in all disputes arising out of your use of the Site and any claim involving Heritage or its employees, contractors, officers, directors, telecommunication providers and content providers. Heritage makes no representation that the material available on the Site is appropriate or available for use in other jurisdictions.
For users who are individuals residing in the province of Quebec, you agree that the laws of the province of Quebec and the federal laws of Canada applicable therein, shall govern the Terms and Conditions, without respect to their principles of conflict of laws. Your use of the Site may be subject to other local, provincial/territorial, national, and international laws. You hereby consent to the exclusive jurisdiction and venue of the provincial and federal courts in the city of Montreal in the province of Quebec in all disputes arising out of your use of the Site and any claim involving Heritage or its employees, contractors, officers, directors, telecommunication providers and content providers. Heritage makes no representation that the material available on the Site is appropriate or available for use in other jurisdictions.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
26. Amendments to these Terms
Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of this Agreement, at any time without incurring any liability or obligation whatsoever to you or any other person or entity. Without limiting the foregoing, we may amend the Subscription Fees and any other charges associated with the Services, now or in the future, and reserve the right to charge for Services that are currently offered without cost. If we do this, we will post the changes to this Agreement at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date this Agreement was last revised. In addition, if you have registered for an Account and/or Subscription, where required by law or at our discretion, we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion. As required by law, or at our discretion, the notice will set out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. Before the change comes into effect, you may cancel this agreement rather than accept the change. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of any Services after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms of this Agreement, as revised.
You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site or Services, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
27. Termination of these Terms, the Site, or the Services
28. Electronic Communications.
As permitted by applicable law, when you communicate with us or enter this Agreement electronically, such as online or via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed or in writing.
29. Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
31. Contact Us.
If you have any questions about these Terms or our Site or Services in general, please contact us at:
144 Garden Ave, Toronto, M6R 1H7