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Terms & Conditions

Welcome to hushcanada.com (the “Site”). This Site is provided as a service to our customers. Please review the following terms and conditions that govern your use of our Site (the “Agreement”). Please note that your use of our Site constitutes your unconditional agreement to follow and be bound by these terms and conditions. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms of the Agreement. HUSH Canada (HUSH Canada reserves the right to update or modify the Agreement at any time without prior notice. Your use of the hushcanada.com Site following any such change constitutes your unconditional agreement to follow and be bound by the Agreement as changed. For this reason, we encourage you to review the terms and conditions of the Agreement whenever you use this Site.

COPYRIGHTS and TRADEMARKS

Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trademarks, held by or licensed to HUSH Lingerie & More Stores, Inc., HUSH Lingerie & More, or one of their respective affiliates, and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of HUSH Lingerie & More and is also protected by Canadian, U.S. and international copyright laws.

© 2020 HUSH Lingerie & More All Rights Reserved.

HUSH Lingerie & More and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of HUSH Lingerie & More, or any third party’s intellectual property rights.

HUSH Lingerie & More and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of HUSH Lingerie & More, or any third party’s intellectual property rights.

The HUSH Lingerie & More names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of HUSH Lingerie & More Stores, Inc. and are used in Canada under exclusive license by HUSH Lingerie & More. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply HUSH Lingerie & More endorsement, sponsorship or recommendation of the third party, information, product or service. HUSH Lingerie & More is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.

USE OF THIS SITE

This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only, and provided that you maintain all copyright and other notices contained on the Site or in the Contents. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. 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 of the Contents, the Site or any related software. All software used on this Site is the property of HUSH Lingerie & More or its suppliers and protected by Canadian, U.S. and international copyright laws. The content and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited. hushcanada.com is a trademark of HUSH Lingerie & More Stores, Inc. and is used in Canada under exclusive license by HUSH Lingerie & More.

SITE SECURITY

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. HUSH Lingerie & More will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from HUSH Lingerie & More on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

GENERAL

This Agreement represents the complete agreement between the parties in relation to the Site and supersedes all prior agreements and representations between them. 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 HUSH Lingerie & More to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit HUSH Lingerie & More’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein.  Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the courts of the Province of Alberta located in Calgary, Alberta.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to HUSH Lingerie & More on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain the exclusive property of HUSH Lingerie & More. Such disclosure, submission or offer of any Comments shall constitute an assignment to HUSH Lingerie & More of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, HUSH Lingerie & More will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. HUSH Lingerie & More is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. We welcome your comments regarding the hushcanada.com Site. However, HUSH Lingerie & More will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

COLOURS

We have made every effort to display as accurately as possible the colours of our products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

INDEMNIFICATION

You agree to defend, indemnify and hold HUSH Lingerie & More harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of the Site. This provision shall survive the termination of this Agreement and remain in full force and effect.

PRIVACY

Please refer to HUSH Lingerie & More Privacy Policy which is reproduced on this Site under the Tab “Privacy Policy”.

HUSH Lingerie & More collects the following information from persons who access this Site: e-mail address; IP address; time and date of server access; URL requested, HTTP status code, bytes transferred, referrer page, user agent, pages accessed on this Site, number of time the Site is accessed by a user. This information is used solely by HUSH Lingerie & More and no other person in order to allow HUSH Lingerie & More to better understand the nature and quality of the customer service provided by this Site, how to improve upon that customer service and to maintain the security of this Site and HUSH Lingerie & More property. Specifically, the following statistical derivations are made and analyzed by HUSH Lingerie & More using this information: 1. Site Resources Accessed – most requested pages, least requested pages, top entry pages, top exit pages, single access pages, most accessed directories, top paths through the Site, most downloaded files, most downloaded file types, most popular dynamic pages and forms executed by server; 2. Visitors – visitors by number of visits, top visitors, most active countries from which people visit the Site, North American locations from which people visit the Site, most active cities from which people visit the Site, most active organizations from which people visit the Site (e.g. .net, .org, .com), organizational breakdown by percent and visitor sessions; 3. Site Activity – by time increment, by day of the week, by hour of the day 4. Referrers – top referring sites, top referring URL’s, top search engines, top search phrases, top search keywords; Browsers & Platforms – most used browsers, most used platforms, versions of Microsoft Explorer browsers used to access the Site. Notwithstanding the foregoing, the above information may be provided to law enforcement authorities in the event that HUSH Lingerie & More determines, in its sole, absolute and unfettered discretion, that: 1. a user of this Site has attempted or may be attempting to access this Site illegally and/or in contravention of the section of this Agreement entitled “Security”; and/or 2. if any illegal activity may in any way be associated with a person who has accessed this Site. By accessing this Site the user of this Site irrevocably consents to the use of his, her or its personal information in the manner set forth above, which consent shall survive the termination of this Agreement.

TERMINATION

These terms are effective unless and until terminated by either you or HUSH Lingerie & More. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. HUSH Lingerie & More also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in HUSH Lingerie & More sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or HUSH Lingerie & More, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

DISCLAIMER

THIS SITE IS PROVIDED BY HUSH LINGERIE & MORE ON AN “AS IS” AND “AS AVAILABLE” BASIS. HUSH LINGERIE & MORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HUSH LINGERIE & MORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HUSH LINGERIE & MORE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE DISPLAYED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE HUSHCANADA.COM WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

ITEMS LISTED ON THE SITE MAY NOT BE AVAILABLE OR IN-STOCK AT ALL STORES ALL PRICES ARE QUOTED AND PAYABLE IN CANADIAN DOLLARS. DUE TO COMPETITIVE MARKET PRESSURES, PRICES ARE SUBJECT TO CHANGE, AND MAY THEREFORE DIFFER FROM PRICES IN HUSH LINGERIE & MORE STORES. HUSH LINGERIE & MORE RESERVES THE RIGHT TO CORRECT, AT ANY TIME, ANY PRICING ERRORS. PRICES MAY VARY BY STORE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL HUSH LINGERIE & MORE OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE HUSHCANADA.COM WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HUSH LINGERIE & MORE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Copyright © 2020 HUSH Lingerie & More

 

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