Terms Of Use

1. Introduction

This website is operated by Arctic Experience McNaught Gallery. The terms “we”, “us”, and “our” refer to Arctic Experience McNaught Gallery.  The use of our website is subject to the following terms and conditions  of use, as amended from time to time (the “Terms”). The Terms are to be  read together by you with any terms, conditions or disclaimers provided  in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation,  users who are browsers, customers, merchants, vendors and/or  contributors of content. If you access and use this website, you accept  and agree to be bound by and comply with the Terms and our Privacy  Policy. If you do not agree to the Terms or our Privacy Policy, you are  not authorized to access our website, use any of our website’s services  or place an order on our website.

2. Use of our Website

You  agree to use our website for legitimate purposes and not for any  illegal or unauthorized purpose, including without limitation, in  violation of any intellectual property or privacy law. By agreeing to  the Terms, you represent and warrant that you are at least the age of  majority in your state or province of residence and are legally capable  of entering into a binding contract.

You agree to not use our website to conduct any activity that  would constitute a civil or criminal offence or violate any law. You  agree not to attempt to interfere with our website’s network or security  features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information,  such as your email address, mailing address and other contact details in  order to complete your order or contact you as needed. You agree to  promptly update your account and information. You authorize us to  collect and use this information to contact you in accordance with our Privacy Policy.


3. General Conditions 

We reserve the right to refuse service to anyone, at any time,  for any reason. We reserve the right to make any modifications to the  website, including terminating, changing, suspending or discontinuing  any aspect of the website at any time, without notice. We may impose  additional rules or limits on the use of our website. You agree to  review the Terms regularly and your continued access or use of our  website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party  for any modification, suspension or discontinuance of our website or for  any service, content, feature or product offered through our website.


4. Products or Services 

All purchases through our website are subject to product  availability. We may, in our sole discretion, limit or cancel the  quantities offered on our website or limit the sales of our products or  services to any person, household, geographic region or jurisdiction.

Prices for our products are subject to change, without notice.  Unless otherwise indicated, prices displayed on our website are quoted  in Canadian dollars.

We reserve the right, in our sole discretion, to refuse orders,  including without limitation, orders that appear to be placed by  distributors or resellers. If we believe that you have made a false or  fraudulent order, we will be entitled to cancel the order and inform the  relevant authorities.

We do not guarantee the accuracy of the colour or design of the  products on our website. We have made efforts to ensure the colour and  design of our products are displayed as accurately as possible on our  website.

5. Links to Third-Party Websites

Links  from or to websites outside our website are meant for convenience only.  We do not review, endorse, approve or control, and are not responsible  for any sites linked from or to our website, the content of those sites,  the third parties named therein, or their products and services.  Linking to any other site is at your sole risk and we will not be  responsible or liable for any damages in connection with linking. Links  to downloadable software sites are for convenience only and we are not  responsible or liable for any difficulties or consequences associated  with downloading the software. Use of any downloaded software is  governed by the terms of the license agreement, if any, which  accompanies or is provided with the software.

6. Use Comments, Feedback, and Other Submissions

You acknowledge that you are responsible for the information,  profiles, opinions, messages, comments and any other content  (collectively, the “Content”) that you post, distribute or share on or  through our website or services available in connection with our  website. You further acknowledge that you have full responsibility for  the Content, including but limited to, with respect to its legality, and  its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted,  modified, recreated, published, or distributed by us. You further agree  that we are under no obligation to maintain any Content in confidence,  to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not  be unlawful, abusive or obscene nor will it contain any malware or  computer virus that could affect our website’s operations. You will be  solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or  any third-party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem  objectionable. You consent to such removal and/or deletion and waive any  claim against us for the removal and/or deletion of your Content.

7. Your Personal Information

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

8. Errors and Omissions

Please note that our website may contain typographical errors  or inaccuracies and may not be complete or current. We reserve the right  to correct any errors, inaccuracies or omissions and to change or  update information at any time, without prior notice (including after an  order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and  we reserve the right to cancel or refuse any order placed based on  incorrect pricing or availability information, to the extent permitted  by applicable law.

We do not undertake to update, modify or clarify information on our website, except as required by law.

9. Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use  of our website, which is provided “as is” without warranties,  representations or conditions of any kind, either express or implied,  with regard to information accessed from or via our website, including  without limitation, all content and materials, and functions and  services provided on our website, all of which are provided without  warranty of any kind, including but not limited to warranties concerning  the availability, accuracy, completeness or usefulness of content or  information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose.  We do not warrant that our website or its functioning or the content and  material of the services made available thereby will be timely, secure,  uninterrupted or error-free, that defects will be corrected, or that  our websites or the servers that make our website available are free of  viruses or other harmful components.

The use of our website is at your sole risk and you assume full  responsibility for any costs associated with your use of our website.  We will not be liable for any damages of any kind related to the use of  our website.

In no event will we, or our affiliates, our or their respective  content or service providers, or any of our or their respective  directors, officers, agents, contractors, suppliers or employees be  liable to you for any direct, indirect, special, incidental,  consequential, exemplary or punitive damages, losses or causes of  action, or lost revenue, lost profits, lost business or sales, or any  other type of damage, whether based in contract or tort (including  negligence), strict liability or otherwise, arising from your use of, or  the inability to use, or the performance of, our website or the content  or material or functionality through our website, even if we are  advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain  damages. In such jurisdictions, some or all of the above disclaimers,  exclusions, or limitations, may not apply to you and our liability will  be limited to the maximum extent permitted by law.

10. Indemnification 

You agree to defend and indemnify us, and hold us and our  affiliates harmless,, and our and their respective directors, officers,  agents, contractors, and employees against any losses, liabilities,  claims, expenses (including legal fees) in any way arising from, related  to or in connection with your use of our website, your violation of the  Terms, or the posting or transmission of any materials on or through  the website by you, including but not limited to, any third party claim  that any information or materials provided by you infringe upon any  third party proprietary rights.

11. Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the  subject matter of the Terms and supersede any prior agreement,  understanding or arrangement between you and us, whether oral or in  writing. Both you and we acknowledge that, in entering into these Terms,  neither you nor we have relied on any representation, undertaking or  promise given by the other or implied from anything said or written  between you and us prior to such Terms, except as expressly stated in  the Terms.

12. Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any  subsequent default. No waiver by us is effective unless it is  communicated to you in writing.

13. Headings

Any headings and titles herein are for convenience only.


14. Severability

If  any of the provisions of the Terms are determined by any competent  authority to be invalid, unlawful or unenforceable, such provision will  to that extent be severed from the remaining Terms, which will continue  to be valid and enforceable to the fullest extent permitted by law.

15. Governing Law

Any  disputes arising out of or relating to the Terms, the Privacy Policy,  use of our website, or our products or services offered on our website  will be resolved in accordance with the laws of the Province of Ontario without  regard to its conflict of law rules. Any disputes, actions or  proceedings relating to the Terms or your access to or use of our  website must be brought before the courts of the Province of Ontario in the City of Hamilton, Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

16. Questions or Concerns

Please send all questions, comments and feedback to us at arctic.experience@gmail.com.