USER AGREEMENT AND DISCLAIMER
Access to and use of this site is subject to the following terms and conditions and all applicable laws. Please review these terms and conditions on a periodic basis, as they are subject to modification, alteration, or update at any time and at the sole discretion of PeacockSheridan.com. If you do not agree to any term or condition, you should not use this site.
1. COPYRIGHT NOTICE
This website and all of its content, including but not limited to the text and images used herein and their arrangement (collectively, “website content”), is protected under both: Canadian, United States and International copyright, trademark and other laws. All website content is the property of The Peacock Sheridan Group, its vendors or content suppliers.
You may access and view a single copy of the website content which you are authorized to access solely for your own use. None of the material from this site may be copied, republished, reproduced, downloaded, uploaded, posted, distributed or transmitted in any way without the written permission from The Peacock Sheridan Group or the applicable copyright owner. Unauthorized use of the website content may violate Canadian or International copyright, trademark and other laws or proprietary rights. All copyright, trademark or other proprietary notices contained in the original website content or any copy of such the website content must be retained. The use of website content on any other website or in a networked computer environment for any purposes is strictly prohibited. Authorization for all uses of website content other than as written in the Terms and Conditions, including but not limited to reproducing and distributing multiple copies of website content, or linking to any page of this site other than the PeacockSheridan.com homepage (http://www.PeacockSheridan.com), must be obtained in writing from The Peacock Sheridan Group.
2. TRADEMARKS NOTICE
All trademarks, services marks, logos and trade names, whether registered or unregistered, that may be found on the website are proprietary to The Peacock Sheridan Group or to other companies. You are not authorized to use any trade name, trademark, registered trademark, logo, or any copyrighted material referenced herein for any purpose whatsoever, including non-commercial applications. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written permission of the appropriate owners or licensors thereof.
3. RESTRICTIONS ON USE
No permission is granted for use the materials, information, text or graphics, and/or to hyperlink other web sites with PeacockSheridan.com, or to use the materials on your web site in any way or for any reason without prior specific authorization. We reserve all rights not expressly granted herein.
4. THIRD PARTY SITES
We may provide links and pointers to sites maintained by third parties (“third party sites”) and we may provide materials from third party sites on this Web Site. These third party sites and any third party materials are provided for your convenience only. We do not operate or control in any respect any information, products or services available on these third party sites and we are not responsible for their content. We make no representations whatsoever concerning the content of these sites and the fact that PeacockSheridan.com has provided a link to such sites is NOT an endorsement, authorization, sponsorship, or affiliation by PeacockSheridan.com with respect to such sites, its services, the products displayed, its owners, or its providers. You access these sites at your own risk.
There are certain risks in using any information, software, or products found on the Internet. We caution you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
Visitors to PeacockSheridan.com assume all responsibility and risk for the use of PeacockSheridan.com. Information published on PeacockSheridan.com is provided without charge as a convenience to visitors, to be used for informational purposes only.
NOTHING IN THIS WEB SITE CONSTITUTES A RECOMMENDATION OR ENDORSEMENT OF ANY ITEM, PRODUCT OR BRAND.
ALTHOUGH REASONABLE CARE HAS BEEN TAKEN WITH REGARD TO THIS SITE’S CONTENT, WE DO NOT WARRANT OR REPRESENT THAT THIS SITE’S CONTENT IS ACCURATE, COMPLETE, OR UP-TO-DATE, NOR DO WE WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS SITE OR THE SERVER WHICH MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH WE ASSUME NO RESPONSIBILITY.
ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD PARTY SITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
All of PeacockSheridan.com’s products are guaranteed against defects for 30 days from the date of the invoice. EXCEPT AS EXPRESSLY STATED HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE PeacockSheridan.com SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. LIMITATION OF LIABILITY
The Peacock Sheridan Group is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site.
In no event shall The Peacock Sheridan Group be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the PeacockSheridan.com site.
YOU AGREE THAT THE PEACOCK SHERIDAN GROUP, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE PeacockSheridan.com SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Notwithstanding the above, in no event shall The Peacock Sheridan Group’s total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to PeacockSheridan.com by you in connection with the transaction claimed by you to give rise to your claim.
YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE PEACOCK SHERIDAN GROUP ARISING FROM ANY PRODUCT SOLD ON THE PeacockSheridan.com SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL THE PEACOCK SHERIDAN GROUP OR ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES RELATED TO PRODUCT SOLD.
7. COMMUNICATIONS AND SUBMISSIONS
All personal data posted or transmitted to PeacockSheridan.com over the internet, as per instruction when placing an order, logging in or registering, such as name, address and contact information, will remain confidential and private. Any communication submitted to us regarding products and experiences, or e-mail messages, will be treated as non-confidential and non-proprietary and will forever be our sole property. By transmitting or posting any such communication or material to this company or to this site you agree that we or our subsidiaries may use your communication or material for any purpose, including but not limited to reproduction, distribution, transmission, publication, broadcast, advertising or posting, and you agree that PeacockSheridan.com or its licensees will not be liable to you for its use of any such communication or material. We shall be free to use or authorize the use of any ideas, concepts, know-how or techniques contained in such communication or material for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services incorporating such information in perpetuity.
Do not post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Do not post copyrighted material of which you are not the owner or licensee.
You acknowledge that you are solely responsible for whatever material or communication you submit to this site, and you, not PeacockSheridan.com, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
8. PRICING ERRORS
If we receive an order with an incorrect price due to typographical error or error in pricing information, we have the right to cancel any orders placed for items listed. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to the credit card used in the order for the amount charged.
9. ACCEPTANCE OF ORDERS
Your receipt of an order confirmation from PeacockSheridan.com does not signify our acceptance of your order. We reserve the right at any time after receipt of your order confirmation to accept or decline your order for any reason. If a product you ordered is backordered, we reserve the right at any time after receipt of your order confirmation, without prior notice to you, to supply less than the quantity you ordered of any item. Certain orders placed must obtain pre-approval with an acceptable method of payment, as established by our billing department. We may require additional verifications or information before processing and shipping any orders.
10. PAYMENT METHODS
We accept major credit cards. There is no surcharge for using your credit card to make purchases. Please be sure to provide the exact billing address and telephone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed upon placing your order to reserve any product that you may order. If you prefer you may call us with your credit card number and we will take payment once your order has been shipped but this will take second preference to those customers that have prepaid their orders.
We accept money orders, cashiers checks, personal checks, and company checks in Canadian Dollars (CAD) only. Orders are processed upon receipt of a money order or check. For personal and company checks, please allow up to 10 banking days after receipt for clearance of funds before the order is processed. We cannot guarantee the availability of a product by the time funds clear or payment is received. We will charge a $35 fee on all returned checks.
11. JURISDICTION AND CHOICE-OF-LAW
We operate our web site from Calgary, Alberta, Canada. We make no representations that the materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
This agreement, and any dispute, which arises from and out of this site, shall be construed with the laws of the province of Alberta. Any legal action regarding this agreement or this site shall be brought only in either the Province of Alberta or Federal Courts located within the City of Calgary, Alberta and by using this site you consent to personal jurisdiction within these courts.
If you have any questions regarding any portion of this Agreement, or if you wish to inquire, regarding rights of use not explicitly granted herein, please direct questions via email to custserv@PeacockSheridan.com.
We may terminate this Agreement at any time. We may terminate this Agreement immediately and without notice if, in our sole and exclusive judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from this site.
This agreement constitutes the entire Agreement between you and PeacockSheridan.com and supersedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may not be modified except in writing signed by both you and an authorized signatory of PeacockSheridan.com.
The headings in this agreement are for reference purposes only and have no legal effect. If any portion of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall remain in effect.