© 2000 - 2008 There By Design Inc. and its licensors. 
P.O. Box 25098, Kitchener, ON N2A 4A5

No portion of this site, including but not limited to all text, graphics, databases and source code, may be reproduced in any form without the written permission of There By Design Inc.

Website Terms of Use

Please read these Terms of Use carefully before using this site.

By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. There By Design Inc. (the "There By Design") reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates.

1. Trademarks, Copyrights and Restrictions

This site is controlled and operated by the There By Design at P.O. Box 25098, Kitchener, Ontario, N2A 4A5. The telephone number is (519) 896-9897. All material on this site, including, but not limited to images, illustrations, audio clips and video clips, is protected by copyrights which are owned and controlled by the There By Design or by other parties that have licensed their material to the There By Design (the "Copyrights"). Material from this website or from any other website owned, operated, licensed or controlled by the There By Design (the "There By Design's Websites") may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modifications of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other website or networked computer environment is prohibited.

2. Privacy

(1) The There By Design is very respectful about the privacy concerns of the visitors to its sites on the Internet. As a general policy, no personal information is automatically collected from visitors to its sites. However, certain non-personal information of visitors is recorded by the standard operation of the There By Design's servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor, the type of operating system in use by the visitor and the domain name of the visitor's Internet service provider. By having this information, web pages optimized for a particular visitor's computer is automatically available to that visitor. Other uses of this information include internal review of the number of visitors to the sites but only in an aggregate and no-personally identifiable form. E-mail addresses and other personally identifiable data about visitors to its sites are known to the There By Design  only when voluntarily submitted. Personally identifiable information that may be collected in connection with visitors voluntarily filling out comment or question forms or subscribing to newsletters is retained by the There By Design and not sold or otherwise transferred outside the company. This information is used to better understand visitors' use of our sites and to support transactions made on the sites. However, this data in an aggregate form may be provided to other parties for marketing, advertising or other uses. We sometimes also use e-mail addresses and other personally identifiable information to contact visitors who communicate with us.

(2) The There By Design's Websites places a "cookie" in the browser files of a There By Design visitors' or users' computer. The cookie itself does not contain any personally identifiable information.

3. Linked Sites

The There By Design, whether or not affiliated with sites which may be linked to its websites, is not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk.

4. Disclaimer

The materials in the There By Design's Websites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, the There By Design disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The There By Design does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the There By Design Websites or the servers that makes its websites available is free of viruses or other harmful components. The There By Design does not warrant or make any representations regarding the use or the results of the use of the materials in the There By Design's Websites in terms of its correctness, accuracy, reliability or otherwise. You assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow exclusion of the implied warranties, so the above exclusion may not apply to you. The material that you read in the There By Design's Websites is provided solely for the purpose of providing information and promoting its products. Furthermore, neither the There By Design nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided in the There By Design's Websites.

5. Submissions

(1) Any notes, messages, ideas, suggestions, concepts or other materials submitted will become the property of the There By Design throughout the universe and the There By Design shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to the There By Design's Websites, you agree that the There By Design has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.

(2) You agree to indemnify the There By Design and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable lawyer's fees resulting from your breach of any of the foregoing agreements, representations and warranties.

6. Jurisdictional Issues

(1) Unless otherwise specified, the materials in the There By Design's Websites are presented solely for the purpose of promoting its products and providing information about its products available in Canada and its territories. This site is controlled and operated from its offices within the Province of Ontario. The There By Design makes no representation that materials in the There By Design's Websites is appropriate or available for use in other locations. Those who choose to access the There By Design's Websites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

(2) This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, as it is applied to agreements entered into and to be performed entirely within such province. Any action you, any third party or the There By Design brings to enforce this agreement or, in connection with, any matters related to the There By Design's Websites shall be brought only in the courts of the Province of Ontario, and you expressly consent to the jurisdiction of the said courts. If any provision of this agreement shall be unlawful, void, or of any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by the There By Design.