Terms Of Use
Welcome to the Ten Degrees Inc. Online Boutique.
These Terms and Conditions apply exclusively to your access to and use of the Ten Degrees Inc.
Online Boutique, so please read them carefully.
The Terms and Conditions do not alter in any way any other agreement you may have with Ten
Degrees Inc. for other products or services.
Ten Degrees Inc. reserves the right to change or modify any of the Terms and Conditions contained
in the Terms and Conditions or any policy or guideline of the Ten Degrees Inc. Online Boutique, at
any time and in its sole discretion. Any changes or modification will be effective upon posting of the
revisions and notice of such changes to the Ten Degrees Inc. Online Boutique.
Your continued use of the Ten Degrees Inc. Online Boutique following the posting of its changes or
modifications will constitute your acceptance of such changes or modifications. Therefore, you
should review the Terms and Conditions and applicable policies from time to time to understand the
Terms and Conditions that apply to your use of the Ten Degrees Inc. Online Boutique.
BY ACCESSING, BROWSING, AND USING THE TEN DEGREES INC. ONLINE BOUTIQUE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES
INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE TEN DEGREES INC. ONLINE BOUTIQUE.
If you have any questions or comments regarding the use of the Ten Degrees Inc. Online Boutique,
please contact us:
Ten Degrees Inc.
26-52258 Range Road 231
Sherwood Park, AB T8B 1M8
phone: 1-780-340-5010
email: info@tendegreesinc.com
Incorporated Policies or Terms
Ten Degrees Inc. has adopted a License and Ten Degrees Inc. Online Boutique Access
Ten Degrees Inc. grants you a limited license to make personal use only of the Ten Degrees Inc.
Online Boutique. Such grant does not include, without limitation:
(a) any resale or commercial use of the Ten Degrees Inc. Online Boutique or content therein;
(b) the collection and use of any product listings or descriptions;
(c) making derivative uses of the Ten Degrees Inc. Online Boutique and its contents; or
(d) use of any data mining, robots, or similar data gathering and extraction methods.
Except as noted above, you are not conveyed any right or license by implication, estoppel, or
otherwise in or under any patent, trademark, copyright, or proprietary right of Ten Degrees Inc. or
any third party.
You may not use, frame or utilize framing techniques to enclose any trademark, logo or other
proprietary information (including the images found at the Ten Degrees Inc. Online Boutique, the
content of any text or the layout/design of any page or form contained on a page) without Ten
Degrees Inc.’s express written consent. Further, you may not use any meta tags or any other “hidden
text” utilizing Ten Degrees Inc.‘s name, trademarks, or product names without Ten Degrees Inc.‘s
express written consent.
Any unauthorized use of the Ten Degrees Inc. Online Boutique will terminate the permission or
license granted by these Terms of Use and may violate applicable law including copyright laws,
trademark laws (including trade dress and communications regulations and statutes.
All violators fully prosecuted of the law.
Copyright
All copyrighted and copyrightable materials on the Ten Degrees Inc. Online Boutique, including,
without limitation, the Ten Degrees Inc. logo, design, text, graphics, pictures, sound files and other
files, and the selection and arrangement (“Materials”) thereof are ALL RIGHTS RESERVED Copyright ©
Ten Degrees Inc. doing business as Ten Degrees Inc., and/or its third party providers, suppliers and
licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any means, including,
but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior
written permission of Ten Degrees Inc. or the respective copyright owner. Permission is granted to
display, copy, distribute and download the Materials on the Ten Degrees Inc. Online Boutique for
personal, non-commercial, and informational use only; provided that, you may not, without the
permission of Ten Degrees Inc. or the respective copyright owner, (a) modify the Materials, and (b)
remove or alter any copyright and other proprietary notices contained in the Materials.
Trademarks and Service Marks
Ten Degrees Inc., the Ten Degrees Inc. logo, and the products and services described in the Ten
Degrees Inc. Online Boutique, including without limitation, “Ten Degrees Inc.” and “Ten Degrees Inc.”
are either trademarks, service marks or registered trademarks of Ten Degrees Inc. and its suppliers
and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written
permission of Ten Degrees Inc. or its suppliers or licensors. In addition, all page headers, custom
graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Ten Degrees
Inc., and may not be copied, imitated, or used, in whole or in part, without the prior written
permission of Ten Degrees Inc. All other trademarks, registered trademarks, product names and
company names or logos mentioned herein are the property of their respective owners.
Third Party Content
The Ten Degrees Inc. Online Boutique may contain content provided or supplied by third parties (the
“Third Party Content”). Access to the Third Party Content is provided as a service to those interested
in the information. Ten Degrees Inc. does not create, nor have control over the Third Party Content.
Ten Degrees Inc. makes no representations or warranties whatsoever regarding the accuracy or completeness of the Third Party Content and the indemnification, disclaimer and limitation of liability
provisions in these Terms of Use apply to the Third Party Content. Users visiting the Ten Degrees Inc.
Online Boutique use the information contained therein at their own risk.
Ten Degrees Inc. has the right, but not the obligation, to monitor any activity and content associated
with the Ten Degrees Inc. Online Boutique. Ten Degrees Inc. may investigate any reported violation
of its policies or complaints and take any action that it deems appropriate. Such action may include,
but is not limited to, issuing warnings, suspension or termination of service, and/or removal of
posted content. Ten Degrees Inc. reserves the right and has absolute discretion, to remove, screen or
edit any content that violates these provisions or is otherwise objectionable. In order to cooperate
with legitimate governmental requests, subpoenas or court orders, to protect Ten Degrees Inc.‘s
systems and customers, or to ensure the integrity and operation of Ten Degrees Inc.’s business and
systems, Ten Degrees Inc. may access and disclose any information it considers necessary or
appropriate, but only in accordance with applicable law or regulation, including, without limitation,
user profile information (i.e. name, e mail address, etc.), IP addressing and traffic information, usage
history, and posted content. Ten Degrees Inc.’s right to disclose any such information in accordance
with applicable law or regulation shall govern over any terms of Ten Degrees Inc.’s Privacy Policy.
Ten Degrees Inc. may provide links to third party Web sites or services on the Ten Degrees Inc.
Online Boutique. Ten Degrees Inc. makes no representations or warranties regarding, and accepts no
liability or responsibility whatsoever for, the quality, content, nature or reliability, including but not
limited to the accuracy or completeness of the content, information, or opinions of sites accessible
by hyperlink from the Ten Degrees Inc. Online Boutique, or sites linking to the Ten Degrees Inc.
Online Boutique. The linked sites are not under the control of Ten Degrees Inc., and Ten Degrees Inc.
is not responsible for the content of any linked site or any link contained in a linked site, or any
review, changes or updates to such sites. Ten Degrees Inc. is providing these links to you only as a
convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by
Ten Degrees Inc. of the site or any information contained therein. When leaving the Ten Degrees Inc.
Online Boutique, you should be aware that Ten Degrees Inc. terms and policies no longer govern,
and, therefore, you should review the applicable terms and policies, including privacy and data
gathering practices, of that site.
You agree to indemnify and hold harmless Ten Degrees Inc. and its officers, directors, employees,
representatives and agent from any claim, action, demand, loss, or damages (including reasonable
legal fees) brought by you or on your behalf, or made or incurred by any third party arising out of or
relating to your use of the Ten Degrees Inc. Online Boutique, including but not limited to your
conduct, your violation of these Terms of Use, or your violation of any rights of a third party. Ten
Degrees Inc. reserves the right to assume the exclusive defense and control of any such matter,
which shall not excuse your indemnity obligations.
Submissions
You agree that any materials, including but not limited to photos, videos, graphics, questions,
comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other
information, provided by you in the form of email or submissions to Ten Degrees Inc., or postings on
the Ten Degrees Inc. Online Boutique or on any social media site on which Ten Degrees Inc. has an
account (including without limitation, Facebook, Twitter and Instagram), are non-confidential (subject
to Ten Degrees Inc.’s Privacy Policy) and shall become the sole property of Ten Degrees Inc..
Ten Degrees Inc. shall own exclusive rights, including all intellectual property rights, and shall be
entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without
acknowledgment or compensation to you. The submission of any materials to Ten Degrees Inc.
irrevocably waives any and all “moral rights” in such materials.
Disclaimers
The Ten Degrees Inc. Online Boutique and the materials contained therein are provided on an “as is”
basis without warranties of any kind, either express or implied. You expressly agree that use of the
Ten Degrees Inc. Online Boutique, including all content, data or software distributed by, downloaded
or accessed from or through the Ten Degrees Inc. Online Boutique, is at your sole risk.
Ten Degrees Inc. disclaims all representations or warranties, express or implied, including, but not
limited to, implied representations or warranties of merchantability, fitness for a particular purpose,
title, and non-infringement as to the information, materials, content, services and products on the
Ten Degrees Inc. Online Boutique, including but not limited to any content provided or supplied by
third parties. You are advised to undertake your own due diligence with respect to the Ten Degrees
Inc. Online Boutique. Without limiting the generality of the foregoing:
- Ten Degrees Inc. does not represent or warrant that materials in the Ten Degrees Inc. Online
Boutique are accurate, complete, reliable, current, or error free.
- Ten Degrees Inc. does not represent or warrant to any actual or prospective purchaser or owner of any products displayed on the Ten Degrees Inc. Online Boutique as to the existence, ownership, accuracy, description or condition of any products, equipment,accessories and/or price.
- Ten Degrees Inc. is not responsible for typographical errors or omissions relating to pricing, text, or Ten Degrees Inc.
- While Ten Degrees Inc. attempts to ensure your access and use of the Ten Degrees Inc. Online Boutique is safe, Ten Degrees Inc. cannot and does not represent or warrant that the Ten Degrees Inc. Online Boutique or its server(s) are free of viruses or other harmful components.
Ten Degrees Inc. reserves the right to change any and all content contained on the Ten Degrees Inc.
Online Boutique at any time without notice. Reference to any products, services, processes, or other
information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Ten Degrees Inc.
Limitation of Liability
In no event shall Ten Degrees Inc. be liable for any direct, special, indirect or consequential damages,
or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of
data, whether in an action in contract, tort (including but not limited to negligence), or otherwise,
arising out of or in any way connected with the use of the Ten Degrees Inc. Online Boutique or the
materials contained in, or accessed through, the Ten Degrees Inc. Online Boutique.
In no event shall the aggregate liability of Ten Degrees Inc. (whether in contract, warranty, tort
(including negligence whether active, passive or imputed), product liability, strict liability or other
theory) arising out of or relating to the use of the Ten Degrees Inc. Online Boutique exceed $10.00 or
the compensation you paid Ten Degrees Inc., whichever is less.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain
damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not
apply to you, and you may have additional rights to those contained herein.
Applicable Law and Venue
These Terms of Use shall be governed by and construed in accordance with the laws of the Province
of Alberta, Canada, applicable to agreements made and entirely to be performed within the Province
of Alberta, Canada, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in courts located in the Province of Alberta, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
Termination
Notwithstanding any of these Terms of Use, Ten Degrees Inc. reserves the right, without notice and in its sole discretion, to terminate your license to use the Ten Degrees Inc. Online Boutique, and to block or prevent future access to and use of the Ten Degrees Inc. Online Boutique.
Severability
If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement
These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Ten Degrees Inc. Online Boutique.