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Terms & Conditions

FINALCUT WEBSITE TERMS & CONDITIONS

This website is owned and operated by Harry Rosen Inc. (HRI).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS INTERNET SITE since both use of this Internet Site as well as all sale of products and services offered on this Internet Site are subject to the legal terms and conditions outlined below (collectively, the “Terms and Conditions”).

Your use of this Internet Site in any manner, including browsing or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. HRI reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Your continued use of the HRI website signifies your acceptance of such revised Terms and Conditions.

This website is provided “as is” and is accessed and used by you at your own risk. Reasonable efforts are used to ensure that the website is current and contains no errors or inaccuracies. HRI makes no representations, warranties or guarantees that the information, content or materials included in this website will be error-free or completely accurate or current at all times, or at any time.

HRI controls this website from its offices within Ontario, Canada. The Terms and Conditions as well as the use of this Internet Site, including any order or purchase made through this Internet Site shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein. You are responsible for complying with all local laws.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You may copy electronically or print hard copies of any of the web pages from this Internet Site provided that such copying or printing is for your personal non-commercial and lawful use, and provided that such copies clearly display the copyright, trademark and any other proprietary notices of HRI. Except when the express written authorization of HRI is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, frame or create derivative works of any of the web pages and information (including any portion of them) which is obtained from this Internet Site. HRI reserves complete title and full intellectual property rights in any material that you may copy electronically or print from this Internet Site.

You agree that you will not distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system, or create derivative works of, reverse engineer, adapt, translate, transmit, arrange, modify, copy, publish, or make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever. You shall not permit, allow or do anything that would infringe or otherwise prejudice the intellectual property rights of HRI or its licensors or allow any third party to access the Content. These restrictions set forth in these Terms and Conditions shall not apply to the limited extent that they are prohibited by applicable law.

HRI may modify these Terms and Conditions from time to time, for any reason, by posting revised Terms and Conditions on this website. Please review these Terms and Conditions from time to time so you will be apprised of any changes. If you continue to use this website after the revised Terms and Conditions have been posted, you will be deemed to have agreed to them.

PROPRIETARY RIGHTS

All content which forms a part of this website, including without limitation, all text, design, graphics, drawings, photographs, e-mails, pictures, video, code and software, and all organization and presentation of such content (collectively, the “Content”), is subject to all proprietary rights provided under intellectual property law including without restriction, patent, copyright, trademark and trade secret laws.

You acknowledge and agree that the ownership right and title to such rights will continue and remain with HRI or its licensors, as the case may be. You are permitted to view and download a single copy of the Content and print hard copies of pages from this website for your own non-commercial and lawful use, provided that such copies clearly display the copyright and any other proprietary notices of HRI. No other copying of this website, in whole or in part, is permitted without the express written authorization of HRI.

Harry Rosen Inc. and HRI and other words, logos, slogans and images used on this website are the property of and are subject to trademark rights held by HRI. Certain other trademarks, trade names, words, logos, slogans and images depicted on this website are the property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property.

LIMITATION OF LIABILITY

In no event shall HRI, its directors, officers, employees, affiliates, successors or assigns or other representatives be liable, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results or use of, this Internet Site or any Content on this Internet Site, even if HRI or its representative has been advised of the possibility of such damages. If you are dissatisfied with this Internet Site and the content thereon, or the terms and conditions, your sole and exclusive remedy is to discontinue use of this site.

HRI is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, online failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

HRI assumes no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of this website or your downloading of any materials, data, text, images, video or audio from this website.

INDEMNIFICATION

You shall indemnify and save harmless HRI, its officers, directors, employees, affiliates, partners, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees incurred as a result of your use of this Internet Site.

ONLINE SHOPPING TERMS

In order to purchase through this Internet Site you must be the age of majority in your province/territory of residence. You must agree to pay for all charges noted on this Internet Site as payable by you. All prices listed on this Internet Site are in Canadian dollars and all charges will be processed in Canadian dollars. All prices listed on this site are subject to confirmation. You will be notified via email if the confirmed price differs from the price on the website or your order.

Furthermore, any product ordered or purchased from this Internet Site may only be ordered or purchased for non-commercial and lawful purposes and any other use is not permitted. HRI reserves the right to limit the quantities of certain products which you can purchase through the facilities of this Internet Site. In addition to any other rights or remedies, HRI may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this Internet Site at anytime. Any items purchased on this website will not be delivered to an address outside of Canada.

HRI will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, HRI will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, HRI will notify you as soon as possible.

In order to protect you and HRI from fraudulent transactions, HRI may provide your transaction-related information to a reputable third-party organization to perform verification. HRI also reserves the right, at its discretion, not to ship items ordered or purchased on this website to certain addresses. In the event that HRI chooses not to ship an item, you will be notified by email and any amount charged to your credit card will be refunded.

Payment Options, HRI accepts all major North American issued credit cards: Amex, MasterCard and Visa. HRI also accepts Harry Rosen gift cards for online payment.

PRIVACY

You have read the HRI Privacy Policy, the terms of which appear on www.harryrosen.com and are incorporated into these Terms and Conditions, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by HRI and/or third parties in accordance with the terms of and for the purposes set forth in the HRI Privacy Policy.

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