THIRD PARTY SITES
The Cutaway Sites may contain links to websites and other resources operated by third parties other than Cutaway, including social media websites. We do not control these websites, and are not responsible for the content, products, services or information they provide. Your use of third party websites is governed by the terms and conditions and privacy policies of the third party.
RESTRICTIONS ON USE
The Cutaway Sites are not intended for minors and may only be used by individuals who are over the age of majority in their country of residence and who are not barred from using the Cutaway Sites by any applicable laws.
2) resell products or services that you purchase through the Cutaway Sites;
3) modify, transmit, display, use, reproduce, publish, license or sell any Content;
4) collect or use product or service descriptions or photographs found on the Cutaway Sites;
5) gather, extract or mine for data from the Cutaway Sites;
6) use any robot, spider, scraper or other automated means to access the Content or the Cutaway Sites;
7) knowingly introduce potentially harmful or malicious material into the Cutaway Sites, including viruses, Trojans or worms.
8) attempt to gain unauthorized access to any user accounts, systems, servers or databases connected to the Cutaway Sites, or to modify or alter the Cutaway Sites in any way;
9) use the Cutaway Sites or take any action that imposes an unreasonably large load on the Cutaway Sites’ infrastructure;
10) mislead or deceive others as to your identity, such as disguising the origin of any Content or information transmitted to or through the Cutaway Sites; and
11) use any Cutaway trademarks, logos or other proprietary information, including meta-tags, keywords or other hidden text without our express consent.
We retain the right to suspend or terminate your access to the Cutaway Sites for any reason, at our sole discretion.
The Cutaway Sites, including all Content and the arrangement, selection and look and feel of the Cutaway Sites, are the sole property of Cutaway and/or our licensors and are protected by copyright laws. We do not grant you any privileges or rights in the Content, and you agree not to copy, reproduce, republish, reverse engineer, display, encode, transmit or distribute any part of the Cutaway Sites or the Content, including product or services images and descriptions, without our express consent. If you submit any feedback or ideas about our products and services to us, you hereby assign and agree to assign to Cutaway all right, title and interest in and to such feedback or the embodiment of such feedback in products or services.
If you believe that your work is the subject of copyright infringement and appears on the Cutaway Sites or our social media channels, please provide the following information required by the Digital Millennium Copyright Act to the Cutaway Legal Department at email@example.com:
1) Signature of the person whose rights have allegedly been infringed, or an authorized representative of that person.
2) Identification of the copyrighted work alleged to have been infringed.
3) Identification of the material that is allegedly infringing your rights.
4) Your contact information, including your name, address and email address.
5) A statement that you have a good faith belief that use of the material in the manner complained of infringes your rights.
6) A statement that the information you provided is accurate and that you are the owner of an exclusive right that has been infringed or are authorized to act on behalf of the owner.
All trademarks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Cutaway Sites or in the Content belong to Cutaway or the Marks’ respective owners. You may not use or reproduce the Marks or any confusingly similar marks without our written consent.
If you make an account on the Cutaway Sites, you are solely responsible for maintaining the security and confidentiality of your account, including your password and keeping the information listed in your account, including your email address, current. You are responsible for all activities and purchases connected to your account.
By creating an account or submitting an order, you agree to receive electronic communications related to your orders at the email address provided, and agree that any electronic communication satisfies any legal requirement that a communication be in writing.
You agree to immediately notify us of any breach of security on the Cutaway Sites, including unauthorized use of your password, account or financial information. We reserve the right to disable your account at any time, for any reason.
TERMS OF SALE
By placing an order on the Cutaway Sites, you offer to purchase the products or services listed in your order. You may check and correct any input errors in your order up until the point at which you submit your order to us on the checkout page. By submitting your order, you agree to pay for the products or services you have ordered.
Online payment transactions are also subject to validation checks by your card issuer to verify your identity and ensure the security of the transaction. We do not control these checks and are not responsible if your card issuer declines to authorize payment for your order.
Once you have placed your order, we will send you an order confirmation to the email address you provide, confirming that your order has been received. All orders are subject to our acceptance. We retain the right to reject all orders at our sole discretion, including if: (a) products or services become unavailable, or (b) an order appears abnormal or suspicious. If your order is rejected, we will provide you with written notice and a refund or credit.
We will communicate our acceptance of your order by notifying you that your order has been dispatched (the “Order Confirmation”) at the email address you provide. Once your order is accepted, we are obligated to supply you with the products or services which appear in the Order Confirmation.
Product Availability and Price
We cannot guarantee the availability of products or services listed on the Cutaway Sites and we reserve the right to discontinue, replace, restock, add or change any product or service at any time. The product or service you receive may vary slightly from the photographs or descriptions on the Cutaway Sites for technical reasons, including your screen’s display capabilities, or due to minor modifications to the products or services. You will not be entitled to a return based solely upon immaterial variations from the photographs or descriptions on the Cutaway Sites.
The price charged for a product or service is the price quoted on the Cutaway Sites when you place your order. We may change prices at any time without notice to you, and you will not be entitled to a partial or complete refund by virtue of any change in price that occurs after you have placed your order.
Sales tax will be added to your order where required by law. Shipping charges may also apply in certain circumstances, such as if you are shipping outside of Canada and the contiguous US States or if you request express shipping. You will have an opportunity to review these charges before placing your order. Your bank or credit card company may also charge you additional fees. If you ship a product internationally, your order may be opened and inspected by customs authorities and may be subject to import duties and taxes when your delivery reaches its final destination. By placing your order, you accept and agree to pay all taxes, transaction fees and shipping charges that may be associated with your order.
Your order will be delivered to the shipping address indicated in your Order Confirmation. We will make reasonable efforts to fulfill your order by the estimated delivery date stated in your Order Confirmation. Delivery within these timeframes is not guaranteed, and we are not responsible for any delays caused by any circumstances outside our reasonable control, including weather, strikes, acts or war or terror, errors or omissions by third parties, errors or omissions by you, or the decreased availability of transportation services.
We make no warranties or representations, express or implied, as to the security, accuracy or completeness of the Cutaway Sites or the Content, and expressly disclaim all warranties as to merchantability, durability, or fitness for purpose to the extent permitted by law. The Cutaway Sites and the Content may contain typographical errors or inaccuracies and may not be current or complete at any given time, including as to the price and availability of products. We reserve the right to correct or clarify any errors, inaccuracies or omissions at any time, without prior notice.
In no event will Cutaway or our parent, affiliates, subsidiaries, officers, directors, employees, agents, suppliers, licensors or third party partners be liable for any indirect, special, punitive, incidental, exemplary, consequential or economic damages (including lost profits, loss of income and loss of business opportunity), or loss of data, loss of goodwill or loss of reputation arising out of or related to your use of the Cutaway Sites or the Content. Our liability to you arising from your purchase of products or services shall not exceed the purchase price of the relevant product or service and is limited to losses that were reasonably foreseeable. By accessing the Cutaway Sites, you understand that you may be waiving rights with respect to claims that are presently unknown, and you acknowledge and agree to waive the same to the extent permitted by law.
If your jurisdiction does not permit limitations on implied warranties, or the exclusion or limitation of certain damages, then some of the limitations and disclaimers above may not apply to you. The applicable laws in your jurisdiction may give you other rights that are not specifically set out in these Terms of Service.
You agree to defend, indemnify and hold harmless Cutaway, our affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney fees) arising out of or related to: (a) your account; (b) your use of the Cutaway Sites or the Content; (c) your breach of any third-party rights, including any intellectual property, publicity, confidentiality, or privacy rights; (d) your violation of any laws, rules or regulations, or (e) any misrepresentation made by you on the Cutaway Sites.
Compliance with Law
All disputes arising from or connected to the Cutaway Sites, Content or related matters shall be governed by the laws of Ontario and the applicable federal laws of Canada, without regard to conflict of laws or the United Nations Convention on Contracts for the International Sale of Goods, and shall be subject to the exclusive jurisdiction of the courts of Ontario.
If a dispute arising between you and Cutaway related to or arising from your use of the Cutaway Sites or the Content, you must first make a good faith attempt to resolve the dispute with us by sending the details of your dispute, including relevant documents and your contact information, to firstname.lastname@example.org. If you are unable to resolve the dispute within 30 days, you may commence a claim in the courts of Ontario.