TERMS OF USE - Ashley HomeStore - Canada
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    TERMS OF USE

    Welcome to the official website (the “Website”) of of DFA Operations Inc. and its subsidiaries (“Ashley”). Please read these terms and conditions (this “Agreement”) carefully as they govern your access and use of the Website and any products or services available via the Website. Please note that your use of the Website constitutes your agreement to follow and be bound by the terms of this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

    If you do not agree to this Agreement, then you may not access the Website. Ashley may revise this Agreement at any time, at its sole discretion, by posting an amended Agreement on the Website. Any changes that Ashley makes to this Agreement will be effective immediately upon posting. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.

      1. Ownership. The Website and all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials and Content"), is the property of Ashley and its suppliers and licensors and is protected under applicable patent, copyright and/or trademark law. The names and logos identifying the Website and Ashley and its products and services are either trademarks of Ashley or trademarks which Ashley is licensed to use.  

      1. Permitted and Prohibited Uses. This Website may be used only for lawful purposes and is available only for your personal, non-commercial use, which shall be limited to viewing the Website, purchasing products and services from the Website, providing information to the Website, and printing pages containing product and information for your personal review, provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not use the Website if you live in a jurisdiction where access to or use of the Website may be illegal or prohibited by applicable law. You agree that any other use of the Material and Content is strictly prohibited and you agree that you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, commercially exploit or create derivative works of or distribute any Materials and Content from this Website in whole or in part, for any purpose without the specific prior written permission of Ashley or as allowed herein.

      1. Termination. Ashley shall be entitled to terminate your permission to use the Website and/or shall be entitled to terminate the operation of the Website at any time, without notice or compensation to you.

    1. Your Conduct. You warrant and undertake that in your use of the Website you shall:
      1. Use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by, any third party;
      2. Not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person or which may promote an illegal activity, racism, bigotry, hatred or physical harm of any kind against any group or individual;
      3. Not infringe or violate Ashley’s intellectual property rights or the intellectual property rights of others;
      4. Not engage in any conduct which is fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, scandalous, offensive to public morals, or other conduct which Ashley finds, in its sole discretion, to be objectionable;
      5. Not transmit or distribute any material or information which contravenes any applicable law or any person's legal rights;
      6. Not post any information which is incomplete, false, inaccurate or not your own;
      7. Not interfere in any way with the Website's or Ashley's networks or network security, or attempt to use the Website's service to gain unauthorized access to any other computer system;
      8. Not access data that is not intended for you;
      9. Not log on to a Ashley server or account, unless you have been authorized to access same;
      10. Not probe, scan or test the vulnerability of a system or network or breach or attempt to breach security or authentication measures;
      11. Not interfere with the operation of the Website, Ashley’s provision of its services to any other visitors to the Website, Ashley’s hosting provider or network, including, without limitation:
        1. via means of submitting a virus to the Website, overloading, "flooding", "mail bombing" or "crashing" the Website; or
        2. “spamming”, “phishing”, “pharming”, “pretexting”, “spidering”, “crawling”, or “scraping” the Website.
      12. Not forge any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to Ashley’s Website; and
      13. Use current virus monitoring software when using the Website.
    Violations of system or network security may result in civil or criminal liability. Ashley will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations.

      1. Inaccuracies. Ashley endeavors to present recent, accurate, and reliable information on the Website at all times. However, there may be occasions when some of the information may contain incomplete data, typographical errors, or inaccuracies, including incorrect specifications for products or services. Ashley presents the Materials and Content “as is” and Ashley makes no claims to its accuracy, either expressed or implied. Ashley reserves the right to amend errors or to update product and service information at any time without prior notice. Ashley does not warrant that the Materials and Content including, without limitation, product and service descriptions or photographs, is accurate or complete. In the event a product or service is listed at an incorrect price due to error, Ashley shall have the right to refuse any orders made for products or services listed at the incorrect price (including orders that have already been submitted).

      1. Colours. Ashley has made every reasonable effort to display as accurately as possible the colours of products that appear on the Website. However, as the actual colours of the products may vary. Variations may exist in the actual colour of the products. Additionally, your computer monitor may inaccurately display the colour. For these reasons, Ashley cannot guarantee that the colour of the products will be accurately displayed on the Website.

      1. Sizes.  Product dimensions listed on the Website may be approximate.

      1. Availability. This Website displays products available for purchase in Canada. However, not all products are available at all times and products may be changed, substituted or discontinued at any time, without notice. Many featured items are selected in limited quantities, may not be available for purchase on the Website or in all of Ashley’s stores. Products are only available while supplies last. Ashley reserves the right to limit quantities of products available for purchase. Ashley reserves the right to limit the sale of its products or services to any person, geographic region or jurisdiction. Ashley may exercise this right on a case-by-case basis. Ashley reserves the right to limit the quantities of any products or services offered. All descriptions of products or product pricing are subject to change at anytime without notice, at Ashley’s sole discretion. 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.

      1. Pricing Information. The prices displayed on the Website are quoted in Canadian Dollars and are valid and effective only within Canada, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and taxes (including sales taxes) that may apply to your order. Products and services purchased through the Website must be paid for by your Ashley card, Visa, MasterCard or American Express. Some of Ashley’s stores may also have different prices or promotional events at different times. Ashley cannot confirm the price of a product until your order is accepted by it. Prices for our products are subject to change without notice. Ashley shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service.

      1. Billing and Orders. Ashley reserves the right to refuse any order, and may, in its 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 Ashley makes a change to or cancels an order, it may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Ashley reserves the right, at its sole discretion, to limit, prohibit, refuse or cancel any order for any reason, including, without limitation, orders that appear to have been placed by dealers, resellers, or distributors.
        You agree to provide current, complete and accurate purchase and account information for all purchases made using the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Ashley can complete your transactions and contact you as needed.
        For more detail, please review the Refund Policy.

      1. Advertisements, Order Acceptance and PaymentAny advertisements on the Website are invitations to you to make offers to purchase products and services and are not offers to sell. Your properly completed and submitted online order constitutes your offer to purchase the products and services selected in your order. Your order will be deemed to be accepted only if and when Ashley sends a notice of acceptance of your order by email to your email address. The total price of your order will be charged to your credit card at the time of Ashley’s acceptance of your order.

      1. Protection Plan Your purchase is subject to, if purchased, the Upholstery Protection Plan, Appliance Protection Plan and Mattress Protection Plan

      1. DISCLAIMER. THE WEBSITE AND THE MATERIALS AND CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT OF THE WEBSITE AND/OR THE MATERIALS AND CONTENT. Ashley AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND THEIR RESPECTIVE AGENTS DISCLAIM ALL REPRESENTATIONS, TERMS, CONDITIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO, THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Ashley DOES NOT WARRANT THAT THE WEBSITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Ashley MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

      1. EXCLUSION OF LIABILITY. NEITHER Ashley NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY Ashley OR ANY PERSON FOR WHOM Ashley IS RESPONSIBLE EVEN IF Ashley HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

      1. EXCLUSIVE REMEDY. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO Ashley FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH), ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITE SHALL BE $100.

      1. Indemnification. You agree to indemnify, defend, and hold harmless Ashley, its affiliates, licensors, suppliers, advertiser or sponsors and their respective directors, officers, employees, consultants, agents, or other representatives from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from (a) any violation of these terms and conditions, (b) any allegation that any information or material submitted by you to Ashley violates any intellectual property, proprietary, contract, or other right of any third party, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.

      1. Linking, Framing and Data Mining. Ashley makes no representations whatsoever about any other websites which you may access through the Website or which may link to the Website. Links to the Website without the express written permission of Ashley are strictly prohibited. When you access any other website you understand that it is independent from Ashley and that Ashley has no control over the content or availability of that website. In addition, a link to any other site does not mean that Ashley endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offense caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited.

      1. Submissions. While Ashley welcomes your comments and feedback regarding the Website and Ashley’s products and services, Ashley does not wish to receive any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to Ashley shall become and remain the property of Ashley. To the extent that ownership of such submissions does not vest with Ashley, you grant Ashley a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable right to exploit, in any way, commercially or otherwise, such submissions, with the right to sub-license. Ashley will not have any obligation to keep submissions confidential and will be free to reproduce, use, disclose and distribute same to others without limitation. Any disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, Ashley's use of any personal information you provide shall be governed by Ashley’s Privacy Policy. For further information regarding Ashley's protection of your personal information, please refer to Ashley’s Privacy Policy page.

      1. Canada. Unless otherwise specified, the Materials and Content on the Website are displayed solely for the purposes of promoting Ashley's products available in Canada and Ashley makes no representation that any products or services referred to in the Website are appropriate for use in or available for delivery to other locations outside of Canada. Those who choose to access the Website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

      1. Europe.This website is not intended to be accessed or used by anyone subject to the European Union’s General Data Privacy Regulation. Anyone who uses this Website represents and warrants that they are not subject to the European Union’s General Data Privacy Regulation.

      1. Minor In order to purchase products or services through the Website, you must be over the age of majority in the province or territory of which you are a resident.

      1. Login Credentials. Parts of the Website may only be accessible only to users who have been issued a login name and password (collectively "Credentials") by Ashley. For the purposes of accessing the Website, the Credentials remain the property of Ashley and may be cancelled or suspended at any time by Ashley in its discretion without any notice or liability to you or any other person. Ashley is not under any obligation to verify the actual identity or authority of any person using Credentials to access and use the Website. Ashley may act upon any communication that is given with the use of Credentials. If you have been issued Credentials: (i) you are fully responsible and liable for the security of the Credentials and any and all use and misuse of the Credentials; (ii) you will keep the Credentials secure and confidential at all times and not disclose the Credentials to any other person or permit any other person to use the Credentials; and (iii) you will immediately notify Ashley by email to webteam@ashleyhomestore.ca if you know or suspect that any Credentials have been lost or stolen or become known to or used by any other person.

      1. Contests. From time to time Ashley may make contests available on the Website. All contests are governed by this Agreement and the applicable contest rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable contest rules.

      1. Entire Agreement. This Agreement as well as Ashley’s Privacy Policy shall constitute the entire agreement of the parties in relation to the use of the Website, and this Agreement supersede any other agreements between the parties in this matter. All other terms, conditions, warranties or other stipulations concerning the Website whether express or implied by common law or under statute are excluded to the fullest extent permitted by law.

      1. Severability. If any of term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.

      1. Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided.

      1. Force Majeure. Ashley shall not be liable for any breach of this Agreement by it or failure to complete an order for products and services to the extent that such breach or failure arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of Ashley.

      1. Applicable Law. This Agreement shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Manitoba and the federal laws of Canada applicable therein, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.

      1. Cookies. For information about how Ashley uses Cookies, please review our Privacy Policy, which also governs your use of the Website.

      1. Shopify .Ashley partners with Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you. Shopify’s Terms of Use can be found here.

      1. User Comments, Feedback and Submissions.  If, at Ashley’s request, you send certain specific submissions (for example contest entries) or without a request you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that Ashley may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward. Ashley is and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
        Ashley may, but has no obligation to, monitor, edit or remove content that it determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
        You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Ashley or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Ashley takes no responsibility and assumes no liability for any comments posted by you or any third-party.

      1. Contact .Questions regarding this Agreement should be sent to webteam@ashleyhomestore.ca

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