This Agreement sets forth the legal terms and conditions for your use of the website www.arbonne.ca or any other website controlled by TimeOut Tribe Inc. in Canada, any mobile application relating thereto (the "Websites"), and for your purchase and/or use of any TimeOut products.
1. Agreement
BY USING ANY WEBSITES OR PURCHASING OR USING ANY PRODUCTS OR SERVICES FROM TIMEOUT, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION PROVISION IN SECTION 20 BELOW.
SOME OF OUR PRODUCTS AND SERVICES HAVE ADDITIONAL RULES, POLICIES, AND PROCEDURES ("ADDITIONAL TERMS"). WHERE ADDITIONAL TERMS APPLY TO A PRODUCT OR SERVICE, WE WILL MAKE THEM AVAILABLE FOR YOU TO READ THROUGH YOUR USE OF THAT PRODUCT OR SERVICE. BY USING THAT PRODUCT OR SERVICE, YOU AGREE TO THE ADDITIONAL TERMS.
2. Eligibility
You agree to provide Us with complete and current registration information. Persons under 13 are prohibited from providing personal information on our Websites. If you are under 18, you may only use our Websites with the supervision of a parent or guardian 18 years of age or older. Unless otherwise specified, the materials on the Websites are presented solely for the purpose of promoting products available in Canada. TimeOut Tribe makes no representation that materials contained in the Websites are appropriate or available for use on other websites.
3. Acceptable Use of the Websites
You are responsible for your use of the Websites, and for any use of the Websites made using your account. At TimeOut Tribe, our goal is to create a positive, rewarding, and safe experience in connection with our Websites. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to TimeOut Tribe. When you use the Websites, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam (additionally, please read our Anti-Spam Policy in Section 15 below);
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Websites;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
4. Testimonials
The testimonials reflect the actual experience of each individual, are anecdotal only, and may be atypical. We use the YotPo platform.
5. Online Purchases
When you register your account online with TimeOut Tribe, you will receive an identification number. Tribe Clients and Clients who wish to access account information online will need to establish a password. Please keep your ID and password secret. You are entirely responsible for any activity under your ID.
6. Canada Return & Exchange Policy
See Refund Policy
7. Ownership & Copyright Restrictions
The Websites are owned and operated by TimeOut Tribe Inc. The Websites, including but not limited to software, content, text, photographs, images, graphics, video, audio, hypermedia items, and the compilation as a whole ("Content"), are copyrighted under copyright and other laws by TimeOut or its licensors unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Websites or elsewhere. You may not delete any author attributions, or legal or proprietary notices in the Websites or elsewhere. Except as noted in Section 9 below: (1) the Websites may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, modified, or otherwise, or in any way exploited for commercial purposes without the explicit authorization of the TimeOut Tribe officers.
8. Electronic Disclosure Agreement
You agree that all documents, including but not limited to, this TimeOut Website Terms and Conditions, the TimeOut Tribe Privacy Notice, and other documents which may apply depending on whether you are a reseller or Tribe Client, as well as all notices, disclosures and records (collectively, "Disclosures") relating to your account with Arbonne will be sent to you electronically at the email address indicated by you in the account registration form or by viewing the Disclosures on the Internet. Alternatively, TimeOut Tribe may provide you with Disclosures via email or in the mail.
9. Copyright Permission
Permission is granted for viewing these pages on the Internet, subject to the terms and conditions of this Agreement. People or model images cannot be downloaded or copied due to copyright laws. Copy downloaded or taken from TimeOut Tribe literature must be either quoted, sourced explicitly, and in some cases with the explicit authorization of the TimeOut Tribe officers.
10. Trademarks
All Content, product names, trademarks, service marks, and logos on the Websites, unless otherwise noted, are wholly owned or validly licensed by TimeOut Tribe Inc. or its affiliates. Any use of trademarked material without the explicit authorization of the TimeOut Tribe officers is federally prohibited (Canada & USA).
11. Privacy Notice
TimeOut Trive has strict customer information confidentiality policies as set forth in its online Privacy Notice, which is fully incorporated herein by reference. You agree to be bound by TimeOut Tribe's Privacy Notice.
12. Anti-Spam Policy
TimeOut Tribe strictly prohibits the sending of unsolicited bulk emails (spam). Spam is defined for this purpose as sending any commercial electronic message to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless express consent has been obtained from the message/email recipient or unless a business or personal relationship has already been established with the message/email recipient. TimeOut also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with TimeOut, and/or its products and services. TimeOut prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
IF YOU OR ANYONE YOU KNOW IS "SPAMMED" BY SOMEONE WHO IS SELLING OR DESCRIBING TIMEOUT'S PRODUCTS PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION. TimeOut conforms to Canada's anti-spam legislation (CASL). Any questions may be sent to our Data Protection Officer (DPO) at ceo@timeouttribe.com if you would like further information about this policy.
13. Disclaimer
TIMEOUT TRIBE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO TIMEOUT TRIBE'S PRODUCTS, THIS WEBSITE OR INFORMATION CONTAINED ON THE WEBSITE.
THIS SERVICE IS PROVIDED "AS IS." YOU MAY RELY ON THIS SERVICE SOLELY AT YOUR OWN RISK. ADVICE, OPINIONS, AND STATEMENTS SHOULD NOT BE RELIED UPON WHEN MAKING IMPORTANT PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT A PROFESSIONAL TO OBTAIN SPECIFIC ADVICE APPROPRIATE TO YOUR CIRCUMSTANCES. WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THIS SERVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THIS WEBSITE OR THIS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING PRODUCT RESULTS, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS OF PURPOSE. THE FINAL OR CONTINUOUS SUCCESS OR FAILURE OF ANY TIMEOUT TRIBE CLIENT DEPENDS UPON HIS OR HER INDIVIDUAL EFFORT. THERE ARE NO GUARANTEES OF RESULTS FROM THE PRODUCTS ALONE.
14. Limited Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT TIMEOUT TRIBE, ITS AFFILIATES, AGENTS, INDEPENDENT CONSULTANTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGES, EXPENSES, OR COSTS WHETHER DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THIS SERVICE, YOUR PURCHASE OR USE OF TIMEOUT TRIBE PRODUCTS, OR INFORMATION, YOUR PARTICIPATION AS A TIMEOUT TRIBE CLIENT, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
15. Indemnification
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TIMEOUT TRIBE, ITS AFFILIATES, AGENTS, INDEPENDENT CONSULTANTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES, AND DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS SERVICE, SALE OR INFORMATION REGARDING TIMEOUT TRIBE PRODUCTS, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON'S USE OR ACCESS TO THIS SERVICE BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL OR OTHER PROPRIETARY RIGHTS.
16. Governing Law
This Agreement will be governed by and interpreted in accordance with the laws of the province or territory in which You, the customer, reside.
17. Arbitration Agreement
You and TimeOut Tribe agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and TimeOut Tribe hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and TimeOut Tribe relating to the Service or this Agreement (each a "Claim") shall be submitted for binding arbitration before JAMS in accordance with the JAMS rules for resolving civil contract disputes that are in effect at the time the arbitration proceeding is commenced. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and TimeOut Tribe also have the right to bring qualifying claims in small claims court. In addition, you and TimeOut Tribe retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement. Neither you nor TimeOut Tribe may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or TimeOut Tribe's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or effect any other portion of this Agreement. This Section will survive the termination of your relationship with TimeOut Tribe.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN APPLICABLE RULES OF ARBITRATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ARBONNE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
18. Waiver
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
19. Unenforceability
If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into this Agreement on the part of any party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
20. Notices
You may contact TimeOut Tribe by writing at the address and/or email address listed below.