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Terms

Last updated: March 31, 2020

Introduction

The following terms, conditions and provisions (the “Terms”) govern the relationship between you and Merrithew International Inc. (o/a Merrithew) and its subsidiaries, affiliates and/or related entities (“Merrithew” or “we” or “our”) as it pertains to your online dealings owned and operated by Merrithew.

Please review the following basic rules that govern your use of our Site (the “Agreement”). Note, by using any part of merrithew.com, including any mobile websites or applications owned or operated by Merrithew which may be accessible via mobile devices, televisions, home theatre systems or such other technology that may become available from time to time (collectively referred to as the “Site”) or establishing an account on the Site, you agree to comply with, and be legally bound by, these Terms, the Order Terms and Conditions, the Digital Product Terms of Sale, the Privacy Policy, the Cookie Policy (collectively referred to as the “Agreement”), all applicable laws and all applicable terms of use and policies as may apply to the devices, technology or products used in conjunction with the Site or the merchandise purchased therefrom. If the Agreement is not acceptable to you, you must not use this Site. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the Terms. Merrithew reserves the right to update or modify these Terms at any time without prior notice. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use this Site.

Use of this site

This Site and all its Contents are intended solely for personal, non-commercial use. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this site is the property of Merrithew or its suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. Merrithew is a trademark of Merrithew Corporation, used under license.

Site security

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Merrithew will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Merrithew on this Site and other than generally available third-party web browsers (e.g. Chrome, Internet Explorer/Edge, Firefox, Safari).

General

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Merrithew to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Merrithew’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under the Province of Ontario law. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the provincial courts of Ontario.

User reviews, feedback and submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Merrithew on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain Merrithew’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Merrithew of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.

Thus, Merrithew will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Merrithew will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.

Merrithew is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

If and when Merrithew posts comments on its site or any of its affiliated sites, although it will not regularly review posted Comments, it will reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Merrithew the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Merrithew and its affiliates for all claims resulting from any Comments you submit. Merrithew and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Review our complete privacy policy

Digital product terms of sale

The following terms and conditions (the “Digital Product Terms of Sale”) govern the manner in which you purchase Digital Products from Merrithew. Merrithew offers various digital products for purchase (“Purchased Content”) and rental (“Rental Content”) on the Site (the “Digital Product(s)”). Use of Digital Products is deemed to be your consent to the Terms (of which these Digital Product Terms of Sale form a part).

All sales are final, except as otherwise described in these Terms or as otherwise decided in Merrithew’s sole discretion. If we are unable to complete your order due to the unavailability or discontinuance of a Digital Product, we may provide you with a credit for the value of the purchased product. The Digital Products are offered for purchase and rental to non-commercial end customers only. In addition to these Digital Product Terms of Sale, your purchase or rental of any Digital Product, or your participation in any promotion or discount, may be subject to any terms and conditions which are specified on the Site at the time you place an order to purchase a Digital Product or participate in any promotion or discount. Merrithew reserves the right to limit quantities of the Digital Products which are available for sale or which each customer may buy.

Merrithew reserves the right to reject, cancel, correct and/or terminate any order for any reason whatsoever in our sole discretion. Should there be an error in the price of the Digital Product, we will notify you, and you may either choose not to purchase the Digital Product, or purchase the Digital Product at the correct price. Until you receive an email from us confirming that your order has been processed, no legally binding or enforceable contract exists between you and Merrithew. We do not represent, warrant or otherwise guarantee the length of time it will take for your order to be processed.

To purchase or rent Digital Products for downloading or streaming, you will be required to create an account and agree to the Agreement. The account information is used to enable you to download or stream your Digital Products, manage your Digital Products and your devices, and receive updates related to hardware, software or content license updates. The Agreement governs the use of Digital Products and any applications that facilitate viewing, playback or access to the Digital Product. You must be online, with an internet connection and logged onto your Merrithew account to access your Digital Product.

  • Rental Content
    When you rent a Digital Product, you may view such item of content an unlimited number of times during the period of time specified on the transaction page displayed at the time of your payment (“Viewing Period”) and noted in your confirmation email. Each Digital Product may have a different Viewing Period, and the Viewing Period will be shown to you before you order it. Pausing, stopping or rewinding Digital Products will not extend your applicable Viewing Period for that Digital Product
  • Purchased Content
    When you purchase a Digital Product, you may view such item of content an unlimited number of times for as long as the rights exist to provide you with that content (“Access Period”). Each Digital Product may have a different Access Period. Pausing, stopping or rewinding Digital Products will not extend your applicable Access Period for that Digital Product

Indemnification

You agree to defend, indemnify and hold Merrithew harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and any Digital Products sold via this site.

Termination

These terms are effective unless and until terminated by either you or Merrithew. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Merrithew also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Merrithew’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Merrithew, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.

Disclaimer

This site is provided by Merrithew on an “as-is” and “as available” basis. Merrithew makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Merrithew disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose. Without limiting the foregoing, Merrithew disclaims any and all warranties, express or implied, for any merchandise offered on this site. You acknowledge, by your use of the Site, that your use is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.

Limitation of liability

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Merrithew or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Merrithew has been advised of or should have known of the possibility of such damages. In no event will Merrithew be liable for any damages in excess of the fees paid by you in connection with your use of the site during the six-month period preceding the date on which the claim arose.

The information (including, without limitation, advice and recommendations) and services on the Site is intended solely as a general educational aid and is neither medical nor healthcare advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment. Nothing contained in the Site is intended to be used for medical diagnosis or treatment. The information and services are provided with the understanding that neither Merrithew nor its affiliates, suppliers or users are engaged in rendering legal, medical, counselling, or other professional services or advice. Your use is subject to the additional disclaimers and caveats that may appear throughout the Site. Merrithew and its affiliates and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Site. While Merrithew strives to keep the information on the Site accurate, complete, and up-to-date, Merrithew and its affiliates and suppliers cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information.

Trademarks and copyright

Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Merrithew, and are owned by Merrithew Corporation, one of its affiliates or by third parties who have licensed their materials to Merrithew and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Merrithew and is also protected by Canadian and U.S. and international copyright laws.

Merrithew video programs are fully protected under the laws of copyright and trademark. Any unauthorized duplication, exhibition, distribution or other use of this program, or any part thereof, without prior written consent of Merrithew is strictly forbidden by the laws of Canada and the United States and other countries. Violators will be prosecuted to the maximum extent of the law.

© Merrithew Corporation. All rights reserved.

Merrithew and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of Merrithew’s or any third party’s intellectual property rights. The Merrithew or any other brand in association’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Merrithew Corporation, used under license. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

References on this website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Merrithew’s endorsement, sponsorship or recommendation of the third party, information, product or service. Merrithew is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.