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Terms and Conditions

Terms and Conditions

Terms and Conditions

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site. Use Of Site Terms of Use Welcome to www.thepaletteindustries.com (the “Site”). Although you may bypass this Agreement, your use of the Site still binds you to these Terms and Conditions. Palette Industries Incorporated ("Palette Industries") provides you access to this Site, and the products and services offered on this Site, subject to these Terms and Conditions (“Terms”). We reserve the right to update or modify these Terms from time to time in our sole and absolute discretion without notice. Such changes will become effective and binding immediately upon posting to this Site and you will be deemed to have accepted such changes by your continued use of this Site and/or the purchase of any products or services through this Site. We encourage you to review these Terms whenever you access the Site. BY ACCESSING, USING, VISITING, BROWSING OR SHOPPING USING THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.

 

You represent and agree that you are at least 18 years of age or visiting the Site under the supervision of a parent or guardian and that you will not use this Site, nor allow anyone to use this Site, (a) in violation of any law, regulation, ordinance or court order, (b) in any manner that could damage, disable, overburden or otherwise impair the ability of Palette Industries to make this Website available to other users or to interfere with the use and enjoyment of this Site by other users, (c) to create, copy, upload, download, store, publish, distribute, broadcast, transmit or otherwise disseminate any content, information or communication that (i) infringes, misappropriates or otherwise violates any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or any other intellectual property right, or (ii) may be deemed libelous or slanderous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Canadian or international law; (d) to harass, intimidate, threaten or encourage any violence against any person, group or organization, (e) to transmit or otherwise disseminate any spam e-mails, viruses, bugs, worms, trap doors, Trojan horses or other harmful code or properties, corrupted files, spyware, malware, or any other software or code that may damage or impair the operation or security of any computer, hardware, software, system or service, (f) to gain or attempt to gain unauthorized access to any computer, hardware, software, system, service, account, communication or information of Palette Industries, any other users or any third party, or (g) to engage in any conduct that could expose Palette Industries to civil or criminal liability.

 

Additional Terms

 

Additional terms may apply to purchases of products and services offered on this Site. Please refer to your sales contract/receipt at the time of purchase. Customer Accounts You represent and agree that all information you provide in creating an account and placing orders for products and services through this Site is truthful and accurate. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products and services you have ordered. You accept all responsibility for activities that occur under your username, account, and password, and for the accuracy of all information you submit when placing orders through this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification for use on this Site. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. You are responsible for maintaining the confidentiality of your username, account and password and for maintaining security of your computer including restriction of access. Palette Industries recommends choosing a password that is unique and not easily guessed by others. Your password should be changed on a regular basis and you must log out of your account at the end of each session. You should notify us immediately if you determine or suspect that your account is being used without your authorization. We reserve the right to terminate any account or refuse service to any account if we determine or suspect that the account is being used in violation of these Terms.

 

Privacy

 

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

 

Feedback

 

You hereby grant Palette Industries an irrevocable, worldwide, royalty-free, transferable license and right to use all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Palette Industries in connection with your use of this Site (“Feedback”). Without limiting the generality of the foregoing, you acknowledge and agree that you grant Palette Industries a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use any and all Feedback in any manner whatsoever, in its sole and absolute discretion, including without limitation, the license and right to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute any and all Feedback and/or incorporate any and all Feedback into any form, medium or technology throughout the world without restriction, commercial or otherwise, and without providing compensation to you or any other person in any way, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Feedback. You also grant Palette Industriesthe right to use the name that you submit in connection with any Feedback. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Feedback you submit. You are and shall remain solely responsible for the content of any Feedback you make and you agree to indemnify Palette Industries for all claims resulting from any Feedback you submit. Palette Industries takes no responsibility and assumes no liability for any Feedback submitted by you or any third party.

 

Electronic Communication

 

You agree to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Pricing and Product Descriptions All prices quoted are listed in Canadian Dollars and, unless otherwise stated, do not include any respective sales taxes. Palette Industries and its affiliates attempt to be as accurate as possible. However, we do not warrant that prices or product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. Product sizes quoted on the Site are approximate and some products may requre assembly. Due to differences in sale effective dates across the country, items may be only available at certain prices to certain geographic regions in the country. Products may also be sold out before they are reflected on the Site.

 

In the event a product on this Site is listed with an incorrect price or description, we reserve the right to cancel any orders placed for the incorrectly priced or described product. We reserve the right to refuse or cancel any such orders regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you.

 

All advertisements on the Site or by email are merely invitations for you to purchase products from us, and are not offers to sell by Palette Industries. Palette Industries reserves the right to limit quantities, reject, correct, or cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Palette Industries believes, in its sole and absolute discretion, that customer conduct or a customer account violates any applicable laws or is harmful to the interest of Palette Industries or any third party.

 

Liability and Warranty Disclaimer

 

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE, AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT PALETTE INDUSTRIES DOES NOT REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF THE OPERATION OF THIS SITE, OR ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, AND THAT THIS SITE OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. PALETTE INDUSTRIES HEREBY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH IN THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OF USAGE OF TRADE.

 

PALETTE INDUSTRIES IS NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES OR EMAIL, UNAVAILABLE NETWORK OR INTERNET CONNECTIONS, FAILED, INCOMPLETE, DISTORTED OR DELAYED COMPUTER TRANSMISSIONS, ON-LINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING COMMUNICATIONS. PALETTE INDUSTRIES ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR ANY VIRUSES OR OTHER MALICIOUS SOFTWARE AFFECTING YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE.

 

IN NO EVENT SHALL PALETTE INDUSTRIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, DAMAGES, OR ANY CONSEQUNTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, DIRECT OR INDIRECT DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO LOSS OF PRODUCT, LOSS OF USE, LOSS OF REVENUE, PROFIT OR ANTICIPATED PROFIT (IF ANY) OR LOST SAVINGS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OF LAW, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, THE OPERATION OF THE SITE, OR ANY FAILURE OR DELAY IN THE OPERATION OF THE SITE, INCLUDING, BUT NOT LIMITED TO THE INABILITY OR DELAY TO USE ANY COMPONENT OF THE SITE FOR PURCHASES, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.

 

Maximum Liability

 

IF, NOTWITHSTANDING THE FOREGOING, PALETTE INDUSTRIES SHOULD BE FOUND LIABLE FOR A CLAIM OR LOSS OR DAMAGE RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE FUNCTIONS AND USES OF THIS SITE OR ITS CONTENTS, PALETTE INDUSTRIES’ TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL CLAIMS, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OF ANY DEGREE), INDEMNITY, WARRANTY OR ANY OTHER CAUSE OF ACTION SHALL NOT EXCEED THE PRICE PAID BY YOU FOR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE.

 

Indemnification

 

You shall defend, indemnify and hold harmless Palette Industries and its affiliates, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, liabilities and causes of action, including without limitation reasonable legal, accounting and other professional fees, arising out of or relating to your use of this Site or your breach of these Terms.

 

Links to Third Party Sites

 

This Site contains links to other websites on the Internet that are owned or operated by third parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Palette Industries of the linked websites or information contained therein or of their security or privacy practices. You acknowledge that we are not responsible for the operation of or content located on or through any such website and makes no representation or warranty regarding any other websites or the contents contained on such websites. If you decide to access other web sites, you do so at your own risk. Further, other websites have their own privacy policies and data collection practices. Please consult each website’s privacy policy. We are not responsible for the actions of third parties.

 

Independent Contractor

 

The relationship between Palette Industries and you will be that of independent contractors, and neither of us nor any of our respective officers, directors, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or your use of this Site.

 

Applicable Law

 

This site is created and controlled by us in the Province of Alberta, Canada. As such, the laws of the Province of Alberta will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

 

Miscellaneous Terms

 

This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Palette Industries and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Palette Industries believes that customer conduct violates applicable law or is harmful to the interests of Palette Industries and its subsidiaries.

 

Headings

 

The headings in this Agreement are for ease of reference only and are not to be taken into account in the construction or interpretation of any provision to which they refer.

 

Interpretation

 

Unless otherwise specified, words importing the singular include the plural and vice versa and words importing gender include all genders.

 

Severability

 

If any provision of these Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect: (a) the legality, validity or enforceability of the remaining provisions of these Terms; or (b) the legality, validity or enforceability of that provision in any other jurisdiction.

 

Waiver

 

Failure by Palette Industries to exercise any of its rights, powers or remedies hereunder or its delay to do so does not constitute a waiver of those rights, powers or remedies. The single or partial exercise of a right, power or remedy does not prevent its subsequent exercise or the exercise of any other right, power or remedy.

 

Palette Industries will not have waived or shall be deemed to have waived the exercise of any right that it holds under these Terms unless such waiver is made in writing.

 

Entire Agreement

 

This Terms, including any documents and instruments referred to herein supersedes all prior representations, arrangements, negotiations, understandings, contracts and agreements of the matters herein between us, both oral and written, relating to the subject matter hereof and sets forth the entire complete and exclusive agreement and understanding between us hereto relating to the subject matter hereof. Palette Industries will not be bound by any other amendments or modifications to these Terms, or any terms and/or conditions you include with any purchase order, unless expressly accepted in writing by Palette Industries in a written amendment expressly referencing these Terms. These Terms may not be supplemented or modified by any course of dealing or trade usage.

 

Legal Notice

 

All notices from Palette Industries to You may be posted on our Site and will be deemed delivered within thirty (30) days after posting. Notices from You to Palette Industries shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:

Palette Industries Inc. 106 Tuscany Springs Hts NW Calgary,Alberta, Canada T3L 2X9

Delivery shall be deemed to have been made by You to Palette Industriesfive (5) days after the date sent.

 

Availability and Colour

 

Palette Industries endeavours to ensure it has sufficient inventory of the products offered on this Site. However, the availability of these products changes daily and is not guaranteed.

If we are unable to process an order due to a lack of inventory, you will be notified accordingly by e-mail or telephone. Any amounts already processed and charged to your credit card for products, including delivery charges, will be credited as soon as possible. You agree to waive liability against Palette Industries in the event of inventory shortages.

Palette Industries has made every effort to display as accurately as possible the colors of products that appear on this Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be an accurate representation of the product.

 

Return Policy

 

If you are not completely satisfied with your purchase, you may return and/or exchange new, unused, and resalable items within thirty (30) days of delivery for a refund. Items must be returned in their original packaging to qualify for a refund or exchange. To get started, please email info@paletteindusries.com your order number with the ship-to name or email address from your order below and we’ll guide you through the quick and easy return and exchange process.

 

If you'd rather replace or exchange for a different item, it's considered a new order and your original order credit card will be charged. Items marked for Clearance or Final Sale are not eligible for a return. Please note: Original delivery and return shipping charges may not be refundable.

 

Language

 

The parties have requested that these Terms and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.

 

Copyright Notice

 

This Site and its contents are intended for your personal use. Unless otherwise noted, all content on this Site, including text, graphics, images, logos and software, is the property of Palette Industries or its third party content providers, and is protected under Canadian and international copyright laws. You may display, copy, download and print hard copy portions of content appearing on this Site solely for your own non-commercial use, or to place orders to purchase products or services from this Site. Except for such expressly permitted uses of content appearing on this Site, you may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any content appearing on this Site, in whole or in part. Any unauthorized use of any content appearing on this Site may violate copyright, trademark and other laws and could result in criminal or civil penalties. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on this Site. You may not use any meta tags or any other hidden text utilizing any trademarks used or owned by Palette Industries, without our express written consent.

 

Copyright © 2012 Palette Industries. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2012 Palette Industries. All rights reserved.