This website is operated by Refuge Madawaska Shelter Inc.. Throughout the site, the terms “we”, “us” and “our” refer to Refuge Madawaska Shelter Inc.. Refuge Madawaska Shelter Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our website is hosted on GoDaddy Operating Service LLC. They provide us with the web hosting service that allows us to sell our products and services to you.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – No Warranty
The Refuge Madawaska Shelter is providing this Site and the information contained thereon on an “as is” basis without representations, warranties, guarantees or conditions of any kind, whether express or implied, statutory or otherwise. To the fullest extent permitted by law, the Shelter disclaims all warranties, representations and conditions, including but not limited to, the warranties of performance, merchantability, title, non-infringement of third parties’ rights, and fitness for a particular purpose. The Refuge Madawaska Shelter makes no warranties about the availability, quality, accuracy, completeness, reliability, timeliness, usefulness, appropriateness, or suitability of the information available on this Site, or its services, software, text, graphics and links and connections. Without limiting the generality of the foregoing, the Refuge Madawaska Shelter does not warrant that this Site will operate error free, that no typographical errors or other errors have been made or that the Shelter and its servers are free of computer viruses or other harmful and disruptive components. The Refuge Madawaska Shelter assumes no obligation to update the information on this Site or to inform you on further developments concerning topics discussed.
SECTION 4 – Limitation of Liability
By accessing and using the Refuge Madawaska Shelter’s Website, you acknowledge and agree that you are doing so at your own risk and that in no event will the Shelter and/or its agents, volunteers, and/or the parties involved in the creation or delivery of this Site, including the contributors of information and materials to this Site, be liable to you or any third party for any claim, loss, cost, expense, or damage whatsoever, including any direct, indirect, incidental, special, consequential, exemplary or punitive damages arising out of or in connection with this Site, the use or misuse of information contained therein or the access to or use thereof. There limitations and exclusions apply even where the Refuge Madawaska Shelter has been notified of the possibility of such claim, loss, cost, expense or damage.
SECTION 5 – Links to Other Sites
This Site offers links to other Websites. Such links are provided to you for your convenience and reference only. The Refuge Madawaska Shelter has not reviewed and does not expressly or implicitly endorse other Websites or any information or materials accessible via such links or guarantee that same will be accessible. As such, the Shelter is not responsible for the privacy practices, availability, and the functioning of other Websites and does not assume any responsibility for the accuracy or appropriateness of the information posted thereon. You visit third party Websites available through links and connections from this Site at your own risk. You may not create any links from other Websites to this Site, unless expressly permitted by the Refuge Madawaska Shelter. To obtain such permission, please contact our administrator at: PO Box 657, Edmundston, NB E3V 3S1.
SECTION 6 – Copyright / Limited License
You acknowledge that any and all information, content and material available on this Site, including without limitation, reports, data, databases, graphics, interfaces, web pages, text, files, images, illustrations, titles, layouts, images, designs, software, video clips, audio clips, trademarks, logos and trade names (collectively, the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, is the property of the Refuge Madawaska Shelter and/or its content contributors, or its licensors, as the case may be, and is protected by copyright and trademark laws of Canada and international treaties where applicable.
As a visitor to this Site, you are granted a limited, non-transferable and non-exclusive license to access, read or print one copy of the Content for personal, non-commercial use only; provided that all copyright and other proprietary notices are retained. Except for the limited license granted to you with respect to the Content, the Refuge Madawaska Shelter does not grant any other express or implied license to you with respect to the Content, including any patent, trademark or copyright. You may not copy, modify, reproduce, store, display, translate, sell or distribute the Content or use it in any manner not expressly permitted by the Terms and Conditions without the prior written approval of an authorized representative of the Shelter and/or the third party to whom it belongs. Please address any request for reproduction to:
Refuge Madawaska Shelter
PO Box 657
SECTION 7 – Prohibited or Unlawful Use / Indemnity
You represent and warrant to the Refuge Madawaska Shelter that you will not use the Site for any unlawful or prohibited purpose or contrary to the Terms and Conditions set out in this Disclaimer and Privacy Statement. You further agree that you will not use this Site in any manner whatsoever which may cause this Site to become disabled, damaged, overloaded, or impaired or interfere with another visitor’s use and enjoyment of this Site. You acknowledge and agree that you are prohibited from obtaining or attempting to obtain any materials or information from this Site through any means not intentionally made available or provided through this Site by the Refuge Madawaska Shelter. You agree at all times to indemnify, defend and hold harmless the Shelter, its officers, directors, affiliates, and volunteers against all actions, proceedings, costs, claims, damages, demands, liabilities, and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Refuge Madawaska Shelter, directly or indirectly, in respect of your use or misuse of the Content or this Site, including without limitation, infringement claims.
SECTION 8 – Privacy Statement
8.1 – Collection and Use of Personal Information
Personal information is any recorded information about an identifiable individual, such as your name, e-mail address, telephone number, age, IP address, etc. The Refuge Madawaska Shelter does not automatically collect personal information from its visitors to its Site. Should you choose to provide personal information to us through email or by other means, the information will only be used for the specific purposes for which it has been provided (e.g. responding to a specific request, registering for our e-newsletter or application for employment) and as permitted by law. The personal information we hold is kept in our files during the period necessary to provide you with the services requested.
8.2 – Disclosure of Personal Information
Unless authorized by law, any personal information that you provide to us will not be disclosed to third parties and will only be shared internally to fulfill the specific purpose for which you provided the information. The Refuge Madawaska Shelter may disclose personal information where permitted by law, for example, in connection with legal proceeding or claims of copyright infringement and other unlawful acts associated with a visitor’s use of this Site, or if express consent is obtained from you.
8.3 – Your Consent
When you ask to be added to our e-newsletter mailing list or make a donation with the Refuge Madawaska Shelter through this Site, the fact that you are doing so provides the Refuge Madawaska Shelter with implied consent to use personal information to fulfill your request. You may withdraw your consent at any time by contacting our administration department referenced under the “Contact us” section below.
8.5 – Security
The personal information that the Refuge Madawaska Shelter collects from you is confidential, and physical, administrative and technological measures are taken to ensure confidentiality. Within the Shelter, your personal information is accessible only to those of our employees who need it in order to perform their duties; that is, to provide you with the services you have requested.
Access to your Personal Information. You have the right to consult the personal information we hold about you, subject to the restrictions provided by law, and as the case may be, to request that the information be corrected if it is inaccurate, ambiguous or collected in violation of the law. You can request access to your personal information stored by the Refuge Madawaska Shelter. To contact us, please refer to the “Contact us” section below.
8.6 – Contact us
If you believe that the applicable laws relating to the protection of personal information or our commitment to confidentiality have not been respected, or if you have any questions or comments you may contact us at:
Refuge Madawaska Shelter
PO Box 657
SECTION 9 – Online Boutique
9.1 – Modifications to the Service and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
9.2 – Products or services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
9.3 – Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
9.4 – Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – Severability
In the event that any part of a provision(s) of the Terms and Conditions set out in this Disclaimer and Privacy Statement is (are) held to be invalid, unenforceable, or void, such provision(s) shall, by a court of competent jurisdiction, be applied to the fullest extent possible and shall be read-down only to the extent absolutely necessary to comply with applicable law. If any provision(s) of the Terms and Conditions set out in this Disclaimer and Privacy Statement is (are) held to be invalid, unenforceable, or void, such provision(s) shall be severed from the Disclaimer and Privacy Statement. The fact that part of a provision(s) or an entire provision(s) has (have) been held to be invalid, unenforceable, or void such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 11 – Governing Law
By accessing and using this Site, you agree and accept that these Terms and Conditions shall be governed by the laws of the Province of New Brunswick and the applicable laws of Canada, without reference to conflict of laws provisions. By using this Site, you submit to the exclusive jurisdiction of the Courts of the Province of New Brunswick, Canada, as the proper and most convenient forum for the final determination of any matter in dispute and waive any objections based on venue in any such claim, action and/or proceeding.
SECTION 12 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 13 – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Copyright © Refuge Madawaska Shelter, 2012-2015. All rights reserved.
Any unauthorized reproduction, storage, transmittal or distribution, in whole or part, is strictly prohibited.
Date Last Modified: August 4, 2015