DESIGNER BUD INC | Terms and Conditions

Terms and Conditions

Web Site Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE DESIGNER BUD WEB SITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. These terms and conditions apply to the web site located at www.designerbud.ca (the “Web Site”) and the design and content featured on this Web Site including text, materials, clothing and other product designs, product information, graphics, artwork, images, so-called “look and feel”, photography, audio and video clips or content, employment opportunities, software, data, and other information on this Web Site as may be updated from time to time (the “Content”). By accessing and using this Web Site and the Content, you agree to be bound by these terms and conditions. These terms and conditions may change from time to time without prior notice to you, and you agree to be bound by the terms and conditions which are in effect each time you access this Web Site and/or the Content. If you do not agree with these terms and conditions, do not access, or use the Web Site or the Content.

Consent and Restrictions

Please note that your use of this Web Site and/or the Content constitutes your unconditional agreement to follow and be bound by these terms and conditions. Although you may “bookmark” a particular portion of this Web Site and thereby bypass this Agreement, your use of this Web Site still binds you to the terms of the Agreement. We reserve the right, at any time, to modify, suspend or discontinue our Web Site and/or any Content without notice to you.

Web Site Content Ownership and Permitted Use

The Web Site and Content and all intellectual property rights in the Web Site and Content are owned by Designer Bud Inc. or its affiliates (“Designer Bud, “we” or “us”) or others who have permitted us to display content owned by them. You may view the Content and print or save one copy of any portion of the Content for personal, non-commercial use provided that you do not modify the Web Site, the Content, or any copyright or other proprietary notices on any Content. Notwithstanding the foregoing, music may not be copied except only as necessary to access the Web Site. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any part of the Web Site or the Content. The Content is protected by law, including, but not limited to, Canadian copyright law and international treaties, trademarks, trade dress and/or other proprietary rights. Except for the limited rights granted above, all other rights are reserved. The Content is for information purposes only, and should not be relied upon as accurate, timely or fit for any particular purpose. Any pricing set out on the Web Site or in the Content is for informational purposes only and is not an offer open for acceptance by you.

Links to Third Party Web Sites

We do not endorse or guarantee the accuracy of content, information or materials contained in any third party’s web site whose link appears in the Web Site. These links are provided for convenience only, and you access the links at your own risk and by accessing them you leave our Web Site, and our terms and policies no longer govern. Designer Bud is not liable for such third- party web sites or their contents nor does Designer Bud have any control or power over such third-party web sites.

Trademarks

“DESIGNER BUD”, “DESIGNER BUD APPAREL”, and any other trademarks, trade names, logos, slogans, and images are trademarks of Designer Bud Inc. in Canada and other countries and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Designer Bud Inc. or the applicable trademark holder.

User Content

By posting or distributing any comment, message, data, information (excluding any information that you submit to us in connection with employment opportunities, which we shall treat in accordance with our Privacy Policy), text, music, sound, photos, graphics, or other content (“User Content”) to the Web Site, you (a) grant to Designer Bud and its designees a nonexclusive, royalty-free, perpetual, transferable, irrevocable and sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Content throughout the world; (b) grant Designer Bud and its sublicensees the right to use the name that you submit in connection with such User Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Content to or through the Web Site; (ii) the User Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

User Content submitted by users is deemed non-confidential, and we are under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, we reserve the right to use the User Content as we deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. We are under no obligation to offer you any payment for User Content or to attribute authorship of User Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby agree that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of, or upgrades or updates thereto; (b) you do not oppose to the publication, use, modification, deletion and exploitation of the User Content by Designer Bud or its agents; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Content; and (d) you release Designer Bud from any claims that you could otherwise assert against Designer Bud by virtue of any moral rights. Designer Bud takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto.

Prohibited or Unlawful Use

You represent and warrant that you will not use our Web Site and/or the Content for any purpose that is either unlawful or prohibited by any of these Web Site Terms of Use. You agree not to provide your personal profile sign-in information and password to any person and not to use our Web Site and/or the Content in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person’s use and enjoyment of our Web Site. You may not misrepresent your identity as a user or submit any false, misleading, or untrue documentation or information to our Web Site. You agree not to send unsolicited or unauthorized advertising, solicitations, spam, junk mail or harvest or collect email addresses or other contact information of other users from the Web Site for the purposes of sending spam. You agree not to reserve engineer any aspect of the Web Site or use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Web Site or to extract data. You agree not to “frame” the Web Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose. Designer Bud, in its sole and unfettered discretion, reserves the right, without prejudice to any rights or claims that we may have against you, to refuse service, terminate accounts, and/or cancel orders for any reason whatsoever, including, without limitation, if we believe that your use of our Web Site contravenes these Web Site Terms of Use, violates applicable law or is harmful to Designer Bud’s interests.

Disclaimer and Limitation of Liability

THE WEB SITE AND THE CONTENT ARE FOR GENERAL INFORMATION ONLY AND ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE WEB SITE OR THE CONTENT IS AT YOUR OWN RISK. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE WEB SITE OR THE CONTENT AND DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE WEB SITE OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT DESIGNER BUD DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THIS WEB SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEB SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OR THAT THE WEB SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY WHATSOEVER, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEB SITE OR THE CONTENT. DESIGNER BUD IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY CONTENT ON THE WEB SITE, OR WITH ANY OF DESIGNER BUD’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Indemnity

You agree to forthwith defend, fully indemnify, and hold Designer Bud, including its affiliates, subsidiaries, and their respective officers, directors, agents, and employees, completely harmless from and against any and all loss, actions, claims, damages, costs, and expenses, including reasonable legal fees and disbursements on a full indemnity basis, arising from, or related to your use of the Web Site, including any Content on the Web Site, and your User Content. This provision shall survive the termination of this Agreement and remain in full force and effect.

Privacy

Please review our practices set-out in our Privacy Policy the terms of which are incorporated herein by reference, which also governs your use of this Web Site. Any personal information you submit to us in connection with your use of this Web Site will be used in accordance with our Privacy Policy.

Review of Transmissions

Designer Bud may, from time to time, monitor and review any information transmitted or received through our Web Site or its associated emails. Designer Bud reserves the right to censor, edit, remove, or prohibit the transmission or receipt of any information that we, in our sole and unfettered discretion, deem inappropriate or in violation of these Web Site Terms of Use. During monitoring, the information may be examined, recorded, or copied, and your use of this Web Site constitutes your consent to such monitoring and review. We take no responsibility, nor do we assume any liability for any content posted or submitted by you.

Purchases from the Designer Bud Online Store

If you are making a purchase from Designer Bud’s online store, you hereby confirm that you have read and understood the Designer Bud Terms and Conditions of Sale, the terms of which are incorporated herein by reference, and agree to abide by those terms.

General

This Web Site Terms of Use together with the agreements and policies referenced herein (the “Agreement”), represents the complete agreement between you and us in relation to the matters covered by this Agreement and supersedes all prior agreements and representations between you and us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure by Designer Bud to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. We may assign our rights and obligations under this Agreement to any party at any time without notice to you. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any action or proceeding arising out of or related to this Agreement or your use of this Web Site must be brought in the courts of the Province of Ontario located in Toronto, Ontario, and you hereby irrevocably attorn to the jurisdiction of the courts in the Province of Ontario for all such purposes.

Terms and Conditions of Sale

These Terms and Conditions of Sale are applicable to the Designer Bud Inc. online store (“Online Store”) at the www.designerbud.ca (the “Web Site”) and to orders and sale transactions for products available at the Online Store (“Product”). The Online Store is owned by and operated by Designer Bud Inc. and its affiliates (“Designer Bud”, “We” or “Us”). With regards to your purchases of Products from the Online Store, you agree that all agreements, notices, disclosures, and other communications that are provided electronically satisfy any legal requirement that such communications be in writing. These terms and conditions may change from time to time, and you agree to be bound by those terms and conditions in effect at you place an order at the Online Store. By placing an order for Products, you agree to be bound by and accept these Terms and Conditions of Sale whether or not you have read them. If you do not agree to these Terms of Sale, please do not proceed with your order. Please print and retain a copy of these Terms of Sale for your records.

Orders from the Online Store

Ordering Process

To be able to buy Products from the Online Store you must provide a delivery address in Canada. Certain addresses will be ineligible for Product purchases and deliveries including PO Box addresses and freight forwarders. You will be required to provide your name and address, phone number, email address, payment details and other required information. You are required to be the holder of a valid credit card or have a valid PayPal or Apple Pay account. You must be at least 18 years of age to purchase Product from the Online Store. You may, but are not required to, create a personal profile pursuant to which you may bring up your billing and shipping address for future orders from the Online Store. You agree not to provide your personal profile sign-in information and password to any person and not to use our Web Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person’s use and enjoyment of our Web Site. You may not misrepresent your identity as a user. When placing your order please ensure that the Products you purchase are compatible for the intended use. Please use the information provided in the Online Store as reference when checking compatibility, however, we make no representation or warranty as to the appropriateness or compatibility of any Product with any particular use. While Designer Bud takes great care to ensure its advertising is accurate, errors or inaccuracies may occur. Designer Bud reserves the right to correct errors or inaccuracies and change or update information on the Online Store at any time without notice, including in respect of prices, product descriptions, promotions, and availability of items. To the extent permitted by applicable law, Designer Bud also reserves the right to cancel or reject orders based on incorrect pricing or availability information.

Price

By clicking on the icon confirming your purchase at the end of the check out process, you agree to pay Designer Bud the amount shown, subject to adjustment as described herein (the “Purchase Price”). The Product Purchase Price is quoted in Canadian dollars plus additional shipping and handling fees and an estimate of all applicable taxes. Your selected method of payment will be charged for purchase price plus shipping charges and applicable taxes in Canadian dollars. In the event that a Product is listed at an incorrect price due to an error in pricing, Designer Bud has the right, in our sole discretion, to reject or cancel any orders placed for that Product and will notify you of such cancellation. Note that Products in your Shopping Bag reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your Shopping Bag.

Acceptance, Rejection or Cancellation of Orders

You agree that your submission of an order on the Online Store is an offer to buy the Products listed in your order under these Terms and Conditions of Sale. All orders must be accepted by Designer Bud. We may choose not to accept any orders including those that Designer Bud suspects are not placed in good faith or contravene applicable law. Once your order is received and we accept your order, we will send you an order confirmation via email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between you and us will not take place unless and until you have received an order confirmation email from us. We reserve the right, in our sole discretion, to cancel any order prior to shipping and whether before or after acceptance of your order. Upon such a cancellation we will send a cancellation notice to the email provided by you. If cancelled, we will have no obligation to fulfill your order and you will have no obligation to pay us for the order. Upon shipping of the Product, you will be charged the amount set out in your order confirmation email. We will not ship the Product to you until your card issuer has authorized the use of your card for payment of the ordered Products. As your order confirmation email is your proof of purchase, you should save and print that document for your potential future use. We retain full legal title to Products until we have received all amounts due on the ordered Products. If we are unable to deliver the Product ordered after our delivery service has notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us. If the items remain undelivered and are returned to us undelivered, you agree that we shall assume that you have exercised your right to cancel the contract and, upon our receiving the returned Product we will refund you less the handling and shipping fee and reasonable additional costs incurred by Designer Bud.

Availability and Description of Products

Designer Bud does not guarantee the availability of any Product in the Online Store. We reserve the right, without liability or earlier notice, to change, discontinue or stop making any Product whether before or after acceptance of any order. Note that in certain cases some Products may be unavailable even if the Web Site indicates that they are in-stock and adding a Product to your cart does not guarantee the availability of that Product. Designer Bud may change prices listed on the Web Site at any time without notice. Price increases will apply to orders placed after such changes. Prices for the Products listed on the Web Site do not include any applicable taxes, shipping, and handling fees. During the check-out process, applicable charges, taxes, shipping, and handling fees will be added to the amount to be charged to you. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Limited Quantities and No Sales to Resellers

Designer Bud reserves the right, at its sole discretion, to limit the quantity of Products purchased on any basis it may determine, from time to time, which may include per person, per household, per credit card or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will attempt to notify you of such cancellation or rejection should such limits be applied. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors or for any reselling. The Online Store is for purchases by Canadian-based end users of our Products and not for sale to dealers, resellers, or distributors or for commercial purposes. For purposes of these Terms of Sale, reselling is defined as purchasing or intending to purchase any Product(s) from the Designer Bud Online Store for the purpose of engaging in a commercial sale of that same Product(s) to a third party or for subsequent sale and shipment outside of Canada or the United States

Personal Data

Our Privacy Policyy and additional provisions in these Terms and Conditions of Sale govern the use of personal information that we may collect, use, or disclose. Purchasing of goods in the Online Store requires that you accept Designer Bud’s Privacy Policy and consent to the collection, use and disclosure of personal information as described in our Privacy Policy.

Liability

We attempt to be as accurate as possible and eliminate errors on the Web Site; however, we do not warrant that any Product, service, description, photograph, pricing, or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Web Site, in an order confirmation, in processing an order, delivering a Product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

These Terms and Conditions of Sale set out the full extent of Designer Bud’s obligations and liabilities in respect of the Products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on us save for the ones expressly described in these Terms and Conditions of Sale. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes. In no event will we be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory whatsoever, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive damages, loss of profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not we are advised of the possibility of such damages, resulting from the use of, or the inability to make use of, the Products, the Web Site or the articles, materials, product information, data and other information set out on the Web Site (the “Content”).

Web Site Terms of Use and Privacy Policy

You hereby confirm that you have read and understood Designer Bud’s Web Site Terms of Use and Privacy Policy, the terms of which are incorporated herein by reference, and you agree to abide by those terms

General

These Terms and Conditions of Sale (this “Agreement”) and the Web Site Terms of Use and the Privacy Policy represent the complete agreement between the parties in relation to the purchase of the Products and supersede all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Designer Bud to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. We may assign our rights and obligations under this Agreement to any party at any time without notice to you. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any action or proceeding arising out of or related to this Agreement or your use of this Web Site must be brought in the courts of the Province of Ontario located in Toronto, Ontario, and you hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario for all such purposes.