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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:

  1. 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.

  1. 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.
  1. Ten Degrees Inc. is not responsible for typographical errors or omissions relating to pricing, text, or Ten Degrees Inc.
  1. 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.