Terms and Conditions

Last updated: 15 February 2023

These website terms and conditions of use of countrychicpaint.com and shop.countrychicpaint.com, constitute a legal agreement and are entered into by and between you and Country Chic Paint Ltd. (“Country Chic”, “we”, “us” and “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions“), govern your access to and use, including any content, functionality, and services offered on or through countrychicpaint.com and shop.countrychicpaint.com (together, the “Website”).  

BY ACCESSING AND USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT https://www.countrychicpaint.com/privacy-policy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE. 

By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Country Chic and meet all of the foregoing eligibility requirements, or you are a parent or legal guardian of a user that is under the legal age of majority and legally responsible for such minor user’s use of the Website. If you do not meet the foregoing requirements, you must not access or use the Website.

Modifications to the Terms and Conditions and to the Website

We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these modifications and the revised Terms and Conditions. 

The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Your Use of the Website and Account Set-up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Access to certain portions of the Website require login and password information from users who have registered (each a “Registered User”). The login and password (“ID”), either chosen by or provided to each Registered User, are for the use of such Registered User only and are not transferable. If you obtain an ID by any means other than your own registration as a Registered User, you are not authorized to use that ID and we request that you immediately notify us of the improperly disclosed ID. 

Your provision of registration information and any submissions you make to the Website through any interactive functions of any kind (“Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any ID or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you become a Registered User, your account is personal to you and you agree not to provide any other person with access to the Website or portions of them using your ID or other security information. You agree to notify us immediately of any unauthorized access to or use of your ID or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. 

You are solely responsible for:

• maintaining the strict confidentiality of your ID;
• any ID misuse or any unauthorized access;
• any damages or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your ID;
• opting out of receiving mobile messages from us prior to you stopping to use the mobile telephone number you provide to us and which we use to send you mobile messages, such stoppage may include you cancelling your mobile service plan, selling or transferring your mobile phone number to another party or stopping use of your mobile telephone number for any other reason; and
• promptly informing us in writing at support@countrychicpaint.com of any need to deactivate an ID due to potential or actual security concerns, including but not limited to your ID being lost or stolen or you becoming aware of any unauthorized use of your ID or of any other breach of security related to the Website.

Misuse of an ID, including, without limitation, unauthorized sharing of the ID may result, at our sole discretion, in cancellation of the Registered User’s account and other remedies, and we shall have no liability to the Registered User for such cancellation.

We are not liable for any harm related to the theft of your ID, your disclosure of your ID, or your authorization to allow another person or entity to use your ID. You agree to immediately notify us in writing of any unauthorized use of your ID.

We reserve the right at any time and from time to time, to disable or terminate your Registered User account or any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our or any of our agent’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

Intellectual Property Rights and Ownership

The Country Chic name, trademarks, logos and all related names, logos, product and service names, designs, images and slogans displayed as part of the Website (collectively, the “Marks”) are the property of Country Chic and other parties.  Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without our prior written permission or such third party which may own the Marks.  Use of any Marks, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

All information, content, features and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, available on or through the Website (“Content”) is protected by copyright.  Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Website for commercial or public purposes.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, in any form or medium whatsoever except:

• your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
• a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
• in the event social media platforms are linked to certain content on the Website, you may take such actions as the Website and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from the Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy or download any part of the Sites in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

From time to time, you may provide us with information, including, without limitation, personal information, suggestions, ideas or any other content (collectively, “Data”). You hereby grant to Country Chic a non-exclusive license to the Data solely for providing the content and services, for operating the Website and for other purposes permitted by or set forth in these Terms and Conditions.  You represent and warrant that you have obtained all necessary rights to provide the Data to Country Chic for use for these purposes.

Conditions of Use and User Submissions and Site Content Standards

As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions. 

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit“) to the Website, to other users or other persons (collectively, “User Submissions“) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and these Terms and Conditions.

You are responsible for all User Submissions that you submit using or to the Website. Likewise, you are responsible for respecting our and third parties’ rights with respect to content that appears on the Website. Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:

1. In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
2. In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.
3. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, hateful, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion.
4. Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
5. Involve, provide, or contribute any false, inaccurate, or misleading information.
6. Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms and Conditions.
7. Impersonate or attempt to impersonate Country Chic, a employee, director, officer, contractor or agent of Country Chic, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing, or forge headers or otherwise manipulate identifiers that would disguise the origin of any content transmitted to or through the Website).
8. Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
9. Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Country Chic or users of the Website or expose them to liability.
10. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
11. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
12. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case. 

User Submissions: Grant of License

The Website may contain Interactive Functions allowing User Submissions on or through the Website.

Except in accordance with our Privacy Policy, none of the User Submissions you submit to the Website will be subject to any confidentiality by Country Chic. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of our and their respective licensees, successors, and assigns, the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of our and their respective licensees, successors, and assigns, to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and these Terms and Conditions.

You understand and agree that you, not Country Chic nor our respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

Monitoring, Enforcement, Suspension and Termination

We have the right, without provision of notice, to:

1. Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.
2. At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions.
3. Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
4. Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS COUNTRY CHIC AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY COUNTRY CHIC AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER COUNTRY CHIC OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Website or their use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

No Reliance

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither Country Chic nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.

This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither Country Chic nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Privacy

By submitting your personal or other proprietary information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Website and provision of services.

By using the Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see our Privacy Policy.

Third-Party Websites

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from the Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified.

Geographic Restrictions

The owner of the Website is based in the province of British Columbia in Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Purchases

All orders, purchases or transactions for the sale of goods, services, or information made using the Website are subject to and governed the terms and conditions of sale found in these Terms and Conditions and any other policies or terms we identify in these Terms and Conditions. If these Terms and Conditions are considered an offer, then any acceptance of these Terms and Conditions is expressly limited solely to acceptance of the terms and conditions found in these Terms and Conditions. For greater clarity, in the case of a potential purchase of products or services through or from the Website, these Terms and Conditions are considered an invitation to treat. 

All products and services on display on the Website are invitations to treat and are not offers to sell. Certain products or services may have limited quantities and are subject to refund or exchange only according to our refund policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store; however, we cannot guarantee that your computer monitor’s display of any colour will be accurate. All descriptions of all kind of products and services or product and service pricing are subject to change at any time without notice, at our sole discretion. We reserve the right at any time to modify or discontinue the Website (or any part or content thereof), the products or the services without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website, the products or the services. 

We reserve the right, but are not obligated, to limit the sales of any products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that are available through or from the Website. Any offer for any product or service made on this site is void where prohibited and is subject to our acceptance.

We reserve the right to refuse any order you place with us. 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, or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear problematic or concerning. 

You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account information and other information, including your email address, telephone number, and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We generally do not process payment until after your order has entered the packing process or, for services, until you have requested we make the service available to you. If you are charged for the purchase and your order is cancelled, we will issue a credit to the payment method used (including for the incorrect price where applicable). 

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate, but are not limited, to product or service descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website has been modified or updated.

No Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THEIR CONTENT, AND ANY SERVICES OR PRODUCTS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER COUNTRY CHIC NOR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE, THE CONTENT, OR ANY SERVICES OR PRODUCTS FOUND OR ATTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COUNTRY CHIC NOR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, REPRESENT OR WARRANT THAT THE WEBSITE, THEIR CONTENT, OR ANY SERVICES OR PRODUCTS FOUND OR ATTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE UNDER NO OBLIGATION TO UPDATE ANY CONTENT PROVIDED OR DISPLAYED AS PART OF THE WEBSITE.  WE MAY CHANGE THE CONTENT PROVIDED OR DISPLAYED AS PART OF THE WEBSITE AT ANY TIME WITHOUT NOTICE.  WE MAY MAKE IMPROVEMENTS OR CHANGES TO THE WEBSITE AT ANY TIME.

COUNTRY CHIC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY PARTY OTHER THAN COUNTRY CHIC, (B) ANY CONTENT PROVIDED ON LINKED SITES, OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.  OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL COUNTRY CHIC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE WESBITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.  IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, OR OBTAINED FROM A LINKED SITE.  PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER OR MOBILE DEVICE, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE OR SOCIAL MEDIA PLATFORM LINKED TO THE WEBSITE.

Limitation of Liability 

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL COUNTRY CHIC NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR DELAY OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED SITE OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE.  COUNTRY CHIC CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE.

YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE IS TO CEASE TO USE THE WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR ANY REASON (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF CAD $50.00.  YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM PROVINCE-TO-PROVINCE OR WITHIN NATIONAL JURISDICTIONS. 

Violation of Terms and Conditions

We reserve the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address or device to the Website.

Indemnification 

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Country Chic and our respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonably incurred legal fees and expenses on a solicitor-client full indemnity basis) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, linked sites, any use of the Content and the services and products available from and through the Website, other than use expressly authorized in these Terms and Conditions, and any claim or liability under the Telephone Consumer Protection Act, 47 U.S. Code § 227, the Wireless Code of the Canadian Radio-television and Telecommunications Commission, or similar provincial, state and federal laws, and any regulations promulgated thereunder resulting from us attempting to contact you at the mobile telephone number you provided. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any such matter subject to indemnification by you. For clarity, the foregoing indemnification shall survive termination for any reason of your use of or access to all or part of the Website or any cancellation by you of your agreement to participate in any of our programs.

Governing Law

The Website and these Terms and Conditions are governed by and construed in accordance with the applicable laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law principle, provision or rule (whether of the laws of the Province of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to the Website and under these Terms and Conditions will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada in the city of Vancouver, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.  

General

The headings of sections contained in these Terms and Conditions are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms and Conditions. For purposes of these Terms and Conditions (a) the words “include,” “includes,” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this Agreement as a whole.  

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

These Terms and Conditions shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.  

Reporting and Contact

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All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to hello@countrychicpaint.com.