The Women’s Legal Mentorship Program (“WLMP”) Website (the “Website” or “Site”) is run by “H3+Inc.” (“Company,” “we” or “us”). By using the Website, you agree to be bound by these Terms of Service and to use the Website in accordance with these Terms of Service, the WLMP Privacy Policy and any additional terms and conditions that may apply to specific sections of the Website or to products and services available through the Website or from Company. Accessing the Website, in any manner, whether automated or otherwise, constitutes use of the Website and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Website, from time to time, in which case we will post the revised Terms of Service on this Website. By continuing to use the Website after we post any such changes, you accept the Terms of Service, as modified.
TERMS OF USE
1. ACCEPTANCE OF TERMS
Company provides Services (as defined below) to you through this Website and access to and use of this Website and the Services are provided to you subject to your acceptance of and compliance with the following terms and conditions (“Terms of Service”, “Terms”).
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, members, mentors, mentees, 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.
In addition, when using the Service, you will be subject to any posted guidelines or rules applicable to such Service which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. Company reserves the right to change these Terms at any time without prior notice and your continued access or use of this Website or the Service after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review these Terms regularly. These Terms were last updated on September 10, 2020.
If you do not agree with one or more of these Terms, do not access or use this Website or the Service.
2. REGISTRATION OBLIGATIONS
To use certain areas of this Website, you must first complete the member and/or customer registration process to create an account (“Account”) and select and register a unique username and password (collectively, “Credentials”). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify Company if you know or suspect that your Account or Credentials have been used by any other person.
During the member and/or customer registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. Individuals under 18 years of age cannot register on any portion of this Website.
Company may act upon any communication that is given through your Account or by using your Credentials. Company is not required to verify the actual identity or authority of a person using your Account or Credentials, but Company may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if Company is not satisfied with the verification. If Company, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then Company may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
3. DESCRIPTION OF SERVICES
Company is offering to persons who have Accounts the WLMP member services and/or WLMP merchandise (the “Services”). The provision of the Services is subject to these Terms, the Services subscription or other terms you accepted when purchasing the Services.
4. PRIVACY POLICY
Your Credentials, Registration Data and any other information that you provide to us through this Website, as well as certain other information about you, is subject to the WLMP Privacy Policy Your privacy is important to us. For more information, please see the WLMP Privacy Policy for details.
5. USE OF THE WEBSITE
Company authorizes you to view, download and/or print one copy of individual pages of the Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices for your personal, non-commercial use only and only in connection with your registering with Company or using the Services. You may not remove any trademark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Website’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Website or this Website materials or content without the prior written permission of Company is strictly prohibited. Company reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and Company reserves the right to suspend or terminate your access to any part of this Website or the Services immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website or the Services.
6. TRADEMARKS AND COPYRIGHT
Our Limited License to You. This Website and all the materials available on the Website are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. Any intellectual property you own, including copyrighted work and trademarks, remain yours even if you share the related ideas, products, services, or business. We don’t exist to compromise or steal what you’ve created or are involved in – we exist to amplify and help with them. We will not make any claim over the intellectual property you own even if you share the related ideas, products, services, or business, and equally you acknowledge your responsibility to protect the same, as the Website is available to all active WLMP members in good standing, and you agree to indemnify and hold harmless Company against any claim made by a third party against you or any claim made by you against a third party.
The Website is provided solely for your personal non-commercial use. You may not use the Website or the materials available on the Website in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Website. You may, however, from time to time, download and/or print one copy of individual pages of the Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, forum posts, photos and videos) to us via the Website, internet groups, social media venues, or to any of our volunteers and/or staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, you grant us a royalty-free, perpetual, irrevocable, unrestricted, worldwide license to use, copy, modify, create derivative works from, distribute, and/or publicly display your profile picture, recorded videos, first name, state/province, and country.
Company, WLMP, this Website domain and other trade names or trademarks of the WLMP and Company used on this Website, and related words and logos are trademarks or trade names of Company and/or WLMP in Canada and other jurisdictions. Company is also the owner in Canada as well as other foreign jurisdictions of additional trademarks, registered and unregistered. Nothing in these Terms or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of Company. The names of other companies, products and services referred to on this Website may be trademarks or trade names of their respective owners. Any unauthorized use of the trademarks or trade names of the WLMP and Company or of third parties is strictly prohibited.
The materials provided on this Website including, without limitation, all portions of this Website, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the WLMP and Company materials remains with Company and any unauthorized use of such materials is strictly prohibited. Company reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trademark and copyright law.
7. USER GENERATED CONTENT
Portions of this Website allow users to post and exchange information, ideas and opinions (“User Content”), but Company does not screen, edit or review any User Content before they are posted or transmitted. Please note that posted or transmitted User Content do not necessarily reflect the views of Company, and Company disclaims all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on this Website.
We value your visit to this Website and welcome any questions, comments or feedback you might have about this Website, these Terms or any of the products or services offered by Company (“Feedback”). Please refer to the Contact section of this Website for phone numbers and email addresses.
If you provide User Content or Feedback, you grant Company a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use and commercialize the feedback in any way and for any purpose without providing any compensation to you or any other person. You also grant Company the right to use the name you submit with the User Content or Feedback, if any, in connection with Company’s rights hereunder.
8. INTERACTIVE FEATURES
This Website may include a variety of WLMP online member community features, such as forums, events, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on WLMP forums, events, chat rooms, and other posting areas on the Website, or sent via any email services on the Website, lies with each user and/or member – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Website. It is a condition of your use of the Website that you do not:
Company may host message boards, chats and other forums on its WLMP Website. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other forums in the future. Company or its designated agents may remove or alter any user-created content at any time for any reason. Forums, events, chats and other areas of the Website are intended to serve as discussion centers for active users and subscribers in good standing. Information and content posted within these forums may be provided by WLMP, Company volunteers, Company staff, or by Company’s outside contributors, or by users not connected with Company. Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Company or any of its subsidiaries or affiliates.
Company has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other forums on the WLMP Website. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
9. MEMBER REGISTRATION
To access certain features of the Website, we may ask you to provide certain demographic information including your year of birth, postal code and country as part of your member registration. In addition, if you elect to sign-up for a particular feature of the Website, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Website’s membership registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of the WLMP Privacy Policy.
10. WLMP TERMS OF WLMP MEMBERSHIP
To access WLMP mentoring and a variety of WLMP online member community features, such as forums, events, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others, you must be a member of the WLMP in good standing. WLMP criteria for membership in the WLMP online member community reflects the understanding that all WLMP members adhere to the Rules of Professional Conduct governing the legal profession in their province and/or country, support equity principles and believe in amplifying and increasing the role of all self-identifying women in the law through professional mentorship and leadership. Membership in the WLMP is open to all self-identified women (which includes LGBTQ2S+, non-binary and/or BIPOC self-identifying womxn), who are either a licensed lawyer and/or a registered law school student in Canada. It is a condition of your membership that you:
11. WLMP UNIVERSITY CHAPTER TERMS OF MENTOR AND MENTEE MENTORSHIP
WLMP University Chapter Terms of Mentor and Mentee Mentorship only apply to functioning and licensed WLMP University Chapters. When it comes to mentorship matching, the WLMP University Chapter(s) and the WLMP do our best to ensure you get the best mentoring match as possible and accommodate the preferences you have identified through your WLMP University Chapter registration and mentorship forms. Nevertheless, we cannot guarantee that all your preferences will be met given that the WLMP University Chapter mentoring pool may be limited by the size of the registered number of WLMP student participants, WLMP peer mentors and WLMP legal mentors. All peer and legal mentors registered with the WLMP and WLMP University Chapter are volunteering their time as outlined by the WLMP program. As volunteers they neither receive any compensation nor is this a position of employment.
Every licensed WLMP University Chapter Program is open to all registered self-identified female law students who:
The WLMP and the licensed WLMP University Chapter reserves the right not to match you as a WLMP student participant, peer mentee, peer mentor and/or student-lawyer mentee with a mentee and/or mentor or a mentoring circle.
Every licensed WLMP University Chapter’s Legal Mentor program is open to all self-identified female lawyers, who:
The WLMP and the licensed WLMP University Chapter reserves the right not to match you as a WLMP legal mentor with a student-lawyer mentee, and/or another WLMP legal mentor and/or student-lawyer mentees as part of a WLMP Mentoring Circle.
12. HYPERLINKS
Hyperlinks on this Website are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. Company has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.
13. ACCEPTABLE USE AND RESTRICTIONS
In addition to complying with these Terms, you agree to use this Website, the Services and materials on this Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of this Website or the Services, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website illegal, are unauthorized to use this Website.
You agree not to use the Services or this Website in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
14. INDEMNITY
You will defend, indemnify and hold harmless Company from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or the Services, User Content or Feedback, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, Company retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
15. DISCLAIMERS
You understand and agree that:
(a) Use of this Website and the Services is at your sole risk. This Website and the Services are provided on an “as is”, “as available” basis. Neither Company, its parent, subsidiaries, affiliates, nor any of their respective volunteers, employees, agents, officers, directors or third party service providers (collectively, “Company Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Website or the Services, and Company Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.
(b) Company Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Services or that the Services will be uninterrupted or error-free. Company Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Services, even if you have paid for virus protection services.
(c) The access to and downloading of material from this Website is done at your own risk. Company makes reasonable efforts to ensure that this Website is virus-free, but Company does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Website or the Services.
16. LIMITATIONS OF LIABILITY
In no event will Company Parties be liable to you for any direct, indirect, consequential, incidental, special, compensatory or punitive damages or losses or damages for loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property and claims of third parties or other pecuniary loss, arising out of or related to these Terms, the use of this Website or the Services. Company Parties will not be liable for any actual or alleged infringement by any third party materials available through the Services. In no event will the cumulative liability of Company Parties arising out of or related to these Terms exceed the amount paid by you in the one month immediately prior to any Claim. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.
You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this Section 16 is an essential part of the bargain between the Parties, a controlling factor in setting any fees or other charges, and an inducement to the Parties to enter into these Terms.
17. GENERAL
These Terms, the WLMP Privacy Policy and all other notices, policies and statements contained on this Website (all as may be amended by Company from time to time without prior notice) constitute the entire agreement between Company and you. These Terms cannot be modified except as described herein. Anything in this Website inconsistent with these Terms is superseded by these Terms. No waiver of any of these Terms will be deemed a further or continuing waiver of such Term or any other Term. If in any jurisdiction, any of these Terms are held to be unenforceable by a court of competent jurisdiction, such Terms will be restricted or eliminated to the minimum extent necessary and the remaining Terms will otherwise remain in full force and effect. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
The relationship between Company and you will be that of independent contractors, and neither of us nor any of our respective officers, 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 this Website.
These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada and the laws of Canada applicable in Ontario, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the Province of Ontario.
To the extent permitted by applicable law, unless Company agrees otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the Services, this Website, these Terms or the Privacy Policy, will be determined by final and binding arbitration to the exclusion of the courts. Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. The foregoing does not, however, preclude Company from seeking injunctive relief in other jurisdictions when necessary to protect its interests. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, you waive any right to a jury trial.
These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.
TERMS AND CONDITIONS OF SALE
Any new features or tools which are added to the current store on the Website 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 and online store is hosted by Neglia Design. They provide us with the Website’s online e-commerce platform, using WooCommerce and MemberPress, which allows us to sell our merchandise and services to you.
18. ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use this Website.
You may not use our services or merchandise 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.
19. GENERAL CONDITIONS
We reserve the right to refuse service and/or membership 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 Website and/or 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.
20. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our site.
21. MODIFICATIONS TO SERVICES AND PRICES
Prices for our Services, as defined in section 3 on this page, 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.
22. WLMP Merchandise
If for any reason you are not completely satisfied with WLMP merchandise through the website store you have purchased, you may return it according to WLMP Refund, Returns and Exchanges Policy below in section 23.
23. WLMP Refund, Returns and Exchange
WLMP memberships cannot be refunded after purchase. All WLMP memberships are only billed on an annual basis. You will be charged according to the WLMP membership terms and conditions outlined on the Website.
We have a 30-day return policy on all WLMP merchandise. This means you have 30 days after receiving your item to request a return. To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
To start a return, you can contact us at info@wlmp-pmdf.ca. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
To return WLMP merchandise, you must ship the merchandise to Company in their original packaging and condition, prepay shipping charges and accept the risk of loss or damage during shipment. Company will not ship a replacement or exchange until the returned WLMP merchandise is received. The returned package must contain a copy of an original purchase receipt that shows the price of the returned WLMP merchandise item(s).
You can always contact us for any return question at info@wlmp-pmdf.ca.
24. Damages and issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
25. Exceptions / non-returnable items for WLMP Merchandise
Certain types of items cannot be returned, like perishable goods (such as food, flowers, or plants), custom products (such as special orders or personalized items), and personal care goods (such as beauty products). We also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item. Unfortunately, we cannot accept returns on sale items or gift cards.
26. Exchanges on WLMP Merchandise
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.
27. Refunds on WLMP Merchandise
While there is no refund on WLMP memberships as per section 23. We do offer refunds on WLMP merchandise if they meet the Terms and Conditions outlined. We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too. Refunds on WLMP merchandise product offers or purchases are made through PayPal and will only be credited to the same PayPal Account.
28. WLMP Merchandise Changes
WLMP merchandise may change or be discontinued at any time. Company will deliver merchandise that have similar characteristics of the item you ordered, but minor changes between what is delivered and what is described online are possible. Company may ship merchandise with minor specifications changes, provided that there is materially the same functionality, performance and characteristics of the ordered merchandise.
WLMP merchandise may differ slightly from how depicted in any illustrations, photography or descriptions on this Website. Company has made every effort to display as accurately as possible the colours of merchandise products as they appear on this Website. However, as the actual colours you see will depend on photographic processes and your screen, Company cannot guarantee that your screen’s display of any colour will be accurate.
29. Shipping and Title
Company will arrange delivery of a WLMP merchandise item(s) to your address using the process set out in your order, or otherwise any other carrier selected by Company. Orders for multiple items may be shipped separately.
Title and risk of loss to tangible merchandise passes to you upon delivery to the carrier, except for licensed products such as software. Any licences to WLMP merchandise or in relation to the merchandise are subject to the terms and conditions of such licences, and you must agree to such terms and conditions to use your merchandise.
Unless expressly set out in your order, Company does not provide insurance on WLMP merchandise and/or items during delivery.
The costs of shipping and handling will be shown on your purchase receipt.
Company will inform you of estimated shipment dates but is not liable for any delivery delays or failure to ship by the estimated due date, including without limitation as a result of events beyond Company’s or its shippers’ reasonable control, including without limitation shortage of materials, transportation failure, or acts of God.
30. WLMP Merchandise or Services
Certain WLMP merchandise may be available exclusively online through the Website. These items may have limited quantities and are subject to return or exchange only according to our Refunds, Returns and Exchange Policy.
We reserve the right, but are not obligated, to limit the sales of our merchandise and/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 merchandise or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any item at any time. Any offer for any merchandise or Services made on this Website is void where prohibited.
We do not warrant that the quality of any products, member services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
31. 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 member and/or customer account, the same PayPal account, 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 Refund, Returns and Exchange Policy in section 23 on this page.
32. 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.
33. THIRD-PARTY LINKS
Certain content, merchandise and services available via our Service may include materials from third-parties.
Third-party links on this Website may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
34. PERSONAL INFORMATION
Your submission of personal information through the store is governed by the WLMP Privacy Policy. To view the WLMP Privacy Policy.
35. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all merchandise and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the Company, our directors, officers, employees, volunteers, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
36. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the WLMP and Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
37. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
38. 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 Website.
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).
39. 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 Website 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.
40. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
42. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
43. CONTACT US
We value your visit to this Website and welcome any questions or comments you might have about this Website, these Terms, or any of the products or services offered by Company. Please refer to the Contact section of this Website for phone, email addresses and other ways to contact us.