Terms and Conditions for access and use of the Canadian Apparel Web Site
The Canadian Apparel site (the Web site) is an online communication and information service provided by the Canadian Apparel Federation (CAF). Access and use of the Web site (the Service) is subject to compliance with the terms and conditions set forth in this agreement (Agreement). Please take the time to examine this document carefully and understand its full contents before accessing or using the Web site. By accessing or using the Web site, you will agree to be legally bound by the terms and conditions set forth below. You should not access or use the Web site if you not want to be bound by these terms and conditions, without exception. This Agreement may be modified at any time without notice, and any such modification shall be effective immediately upon posting. By accessing and using this Web site you agree to periodically review this Agreement and be bound by any modifications or amendments to this Agreement.
By accessing and using the Web site you hereby agree to fully comply with the Operational Polices (Policies) set forth below. The Policies are the rules that govern the use of, and activity in connection with the Web site. Canadian Apparel Federation has the right to amend such Policies without notice and from time to time as it in its sole discretion deems appropriate. CAF has the right to prohibit or remove any materials or communications, which it believes in its sole discretion to be in violation of such Policies.
Access to the Web Site
Access to this site is available only to corporations and other business entities (each a "Company") and their designated employee(s) as indicated in the registration form (each, a Designated Employee). If you do not qualify, please do not attempt to use the Service. The Company and each Designated Employee shall each be considered a User under these Rules. A Designated Employee shall be deemed to be acting on behalf of the Company at all times. A Company or its Designated Employees may designate groups of one or more Designated Employee(s) within a Company that will be authorized to perform certain activities on the site.
In order to participate in the Service, the user must provide certain current, complete, and accurate and maintain and update such registration information ("Registration Data") as required to keep such information current, complete and accurate. If any Registration Data that user provides is untrue, inaccurate, not current or incomplete, CAF retains the right to terminate user's account and user's rights to use the Service.
The additional legal terms and conditions stated below, as well as the legal terms and conditions above, apply to use of the Web site. Use of and/or access to the Web site constitutes acceptance of these legal terms and conditions. Your communications on or through, the Web site are not edited, censored, or otherwise controlled by CAF. CAF cannot and does not screen all content provided by users of the Web site. Notwithstanding the foregoing, CAF reserves the right to monitor content on the Web site and to remove content which CAF in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these operation policies. While using the Web site you may not:
Transmit any message anonymously or under a false name;
Transmit any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise under any applicable law.
CAF reserves the right to take such action as it deems appropriate, including but not limited to the immediate removal of such content, where the Web site is used to disseminate statements, which are offensive or harmful.
Transmit any message, which discloses private or personal matters concerning any person, including, but not limited to, messages or information, which would violate a persons, rights to privacy or publicity;
Transmit any information, file or software that contains a virus, worm, Trojan Horse or any other contaminating or destructive features;
Transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion;
Interfere, in any way, with other use of or access to the Web site;
Offer for sale illegal items, including counterfeit goods.
If you are dissatisfied with the Web site or with any terms, conditions, rules, policies, guidelines or practices of CAF in operating the Web site, your sole remedy is to discontinue using the Web site.
Modifications to Rules
CAF may change the Rules from time to time. Upon any change in the Rules, CAF will post the amended Rules on this site. The amended Rules shall automatically become effective immediately after they are initially posted on this site and any Transaction occurring after such date shall be subject to the amended Rules.
Modifications to Service
CAF reserves the right to modify or discontinue the Service, temporarily or permanently, with or without notice to user, and is not obligated to support or update the Service.
User Account, Password, and Security
User Accounts. Access to and use of the Service is through a combination of a User Name and Password. Each Designated Employee will choose his or her own unique User Name and Password, or one will be supplied to them. Companies will assign a designated manager to administer the accounts of employees within the company.
Security. Each Designated Employee is responsible for maintaining the confidentiality of his or her own User Name and Password. Furthermore, each Designated Employee is entirely responsible for any and all activities, which occur under his or her User Name and Password, and a Company is entirely responsible for any and all activities of its employees, agents, and representatives, whether or not such employees, agents, and representatives are Designated Employees. User agrees to immediately notify CAF of any unauthorized use of the Service or a user's account (including unauthorized use of a User Name or Password by any employee, agent, or representative of the Company who is not is a Designated Employee) or any other breach of security known to user, it being understood that the Designated Employee's knowledge shall be imputed to the Company.
CAF is a company registered under the laws of Canada. The commitments and responsibilities are set forth elsewhere in this Web site and are included by reference here, as an integral part of this Agreement. CAF retains sole discretion as to decisions made regarding any use of this Web site. CAF reserves the right to void or delete listings for any reason, without notice, and as it deems necessary. CAF will not be responsible for errors or technical difficulties with the functionality of the site or for electronic mail transmissions.
CAF accepts no responsibility for errors in specifications, pictures or illustrations, typographical or photographic errors, or functioning of this site's software or hardware. CAF does not represent, warrant or guarantee that any products listed on the site will be available for purchase or not withdrawn by the listing vendor at any time.
CAF, at no time, represents any party posting items on the site and is not responsible in any way for the accuracy, functionality, specifications or any other aspect of the items posted. You understand that, except for information, products or services clearly identified as being supplied directly by CAF, CAF does not operate, control, endorse, guarantee, represent or warrant any information, products or services on, or accessed through, this Web site in any way. Except for CAF identified information, products or services, all information, products and services offered on the Web site are offered by third parties that are not affiliated with, nor under the control of, CAF.
WARRANTY AND LIMITATION OF WARRANTY
By accessing or using this Web site, you assume any and all responsibility and risk of use of the Web site and any products or services contained therein. The web site is provided on an "as is" basis without warranties of any kind either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. CAF assumes no responsibility for errors or omissions in this Web site or any other web site, which may be referenced or linked to this Web site. References to corporations, their services, information, or products are provided "as is" without warranties of any kind, either express or implied including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or title.
Web Site Property
The computer programs contained on the site or other electronic media contains the intellectual property and other proprietary information of CAF Inc., its service provider and/or its licensors. All title to, ownership of, and rights in and to the software including and enhancements, improvements and other additions thereto shall remain the sole and exclusive property of CAF Inc., its service providers and/or its licensors.
You shall indemnify, defend and hold harmless CAF, and its directors, officers, employees, agents, and subcontractors against all claims, actions, liabilities, losses, expenses, damages and costs, including, but not limited to, reasonable attorneys' fees, that may at any time be incurred by reason of (i) any claim arising out of any breach or alleged breach of representations or warranties contained in this Agreement, (ii) any claim based upon alleged errors or omissions or misrepresentations in such Party's listing(s), (iii)any virus, worm, Trojan Horse or other contaminating or destructive feature contained in such Party's listing(s), or (iv) any other claim brought by a third party having a basis in contract or tort, in law or in equity, including but not limited to, interference with contract or prospective economic advantage, breach of contract, negligence, infringement, misrepresentation, gross negligence, products liability or strict products liability.
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
You agree that any dispute or controversy arising out these Terms and Conditions or any agreement incorporating these terms and conditions, shall be settled by arbitration to be held in Ottawa, Ontario, Canada in accordance with the rules then in effect of the Canadian Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the Parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The Parties shall each pay one-half of the costs and expenses of such arbitration, and each shall separately pay its counsel fees and expenses.
This Agreement is governed by the laws of the Province of Ontario, Canada. CAF's performance of this Agreement is subject to existing laws and legal process in the Province of Ontario. Nothing contained in this Agreement is in derogation of CAF's right to comply with law enforcement requests or requirements relating to your use of this web site or information provided to or gathered by CAF with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, such invalid or unenforceable provision shall be deemed to be superseded by a valid, enforceable provision that emulates the intent of such original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you and CAF with respect to this site and it supersedes all prior or contemporaneous oral, written or electronic communications and proposals between you and CAF regarding this site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
The entire contents of the Web site are copyrighted under the United States and Canadian copyright laws.
As a condition of contributing to forum discussions, submissions to Apparel Ontario are deemed submitted to the public domain unless the participant includes a copyright notice at the end of the submission. Contributors to an CAF forum discussion, including without limitation those where a copyright notice is included, thereby grant a world-wide perpetual license to CAF to re-publish the submission on its web site archive system, in any other Internet-based or printed copyrighted work, and in any copyrighted print publication or publications, without further permission of the creator and/or copyright holder of the work.
CAF Privacy Statement
This statement discloses the privacy practices for the CAF site and services. Knowledge of these practices will empower users to make informed decisions about submitting information online.
CAF requires basic information about you, such as your name, user name, and your activities, to create a personal profile for you. That profile is stored securely - sensitive information is encrypted for your protection. Your profile means that we can deliver information and services to you that are customized to your interests. CAF does not currently share this information with any third party or user for any other purpose. Some CAF services may be offered in conjunction with a partner company. Currently, these services do not require sharing information with partner companies. If future services require information sharing, you will be alerted in this section of this page.
You must list your email address when you register on www.apparel.ca. CAF may use your email address to send you updates about the site and new services. Individual users may designate whether they wish to have their emails included in their on-line company listings.