TERMS AND CONDITIONS
Welcome to THREETHIRDSDESIGN.COM (“SITE”). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the “Agreement”).
We may from time to time change the terms that govern your use of our Site. Your use of our Site following such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
We continuously make efforts to improve our customer service and service efficiency. Any suggestions, feedback, ideas or communication you provide us will help us achieve this goal. Consequently, if you are on our mailing list, we may send you optional surveys, contests or promotions. However all the non-personal information collected will be the property of THREETHIRDSDESIGN.COM. Also you agree that THREE THIRDS may post notices on this Site or may, unless your profile setting specify otherwise, send electronic mail to you, and that such communications satisfy any legal requirement that communication be in writing.
All trademarks, service marks, trade names, illustrations, designs, icons, video clips, photography and written and other materials that appear as part of this Site (the “CONTENTS”) are the property of THREETHIRDSDESIGN.COM and are protected by copyrights and international treaty provisions owned, controlled or licensed by Fivepointthree Inc or its affiliates (“THREE THIRDS”). The Site as a whole is protected by copyrights and constitutes trade dress and all worldwide rights, titles and interests in and to which are owned by THREE THIRDS. No use of these may be made without the prior written consent from THREETHIRDSDESIGN.COM. The logo, designs, advertisements, and photographic images described or displayed on our Site is the intellectual property of THREETHIRDSDESIGN.COM and may not be used without our permission.
Risk of Loss
All items purchased from THREETHIRDSDESIGN.COM are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
By visiting THREETHIRDSDESIGN.COM, you agree to comply with all applicable laws and regulations of all provinces and of Canada and other countries that relate to the products on our site or this Agreement. You agree and represent that you are buying for your own personal use only and not for resale.
Product Descriptions & Colors
THREETHIRDSDESIGN.COM and its affiliates attempt to be as accurate as possible. However, THREETHIRDSDESIGN.COM does not warrant that product descriptions, color or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by THREETHIRDSDESIGN.COM itself is not as described, your sole remedy is to return it in unused condition.
Site Policies, Modification, and Severability
There may be information on our site that contains typographical errors, omissions, or inaccuracies that may relate to product description, pricing, and availability. We reserve the right to correct and errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for the inconvenience this may cause. If you are not completely satisfied with your THREETHIRDSDESIGN.COM purchase, please see our Return policy.
Disclaimer of Warranties and Limitation of Liability
This site is provided by THREETHIRDSDESIGN.COM on an “as is” and “as available” basis. THREETHIRDSDESIGN.COM makes no representations or warranties of any kind express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, THREETHIRDSDESIGN.COM disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose. THREETHIRDSDESIGN.COM does not warrant that this site, its servers, or e-mail sent from THREETHIRDSDESIGN.COM are free of viruses or other harmful components. THREETHIRDSDESIGN will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Any dispute related in any way to products you purchased through THREETHIRDSDESIGN.COM or your visit to THREETHIRDSDESIGN.COM shall be submitted to confidential arbitration in Toronto, Ontario, Canada, except that, to the extent you have in manner violated or threatened to violate THREETHIRDSDESIGN.COM’s intellectual property rights, THREETHIRDSDESIGN.COM may seek injunctive or other appropriate relief in any province or federal court in the province of Ontario, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules the prevailing of the Canadian Arbitration Association. The arbitrator’s award shall be binding and may be entered as judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.