Product Sample Terms of Use

IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS OF USE CAREFULLY

Welcome to ParentsCanada’s website operated by Jane Media Inc. (“ParentsCanada” or “we” or “our”). GENERAL: From time to time we provide free samples or advertise/provide third-party linked websites (or otherwise) from which you may obtain certain sample goods, freebie offerings or free trial services. You understand that we do not operate or control the products, free offerings or services offered by third-party linked websites. By accepting, receiving, ordering or otherwise obtaining a product sample (“Sample”) and/or subsequently using a Sample, you acknowledge and agree to the following Product Sample Terms (“Terms”):

1. Acknowledgement

ParentsCanada is not directly affiliated with the manufacturer(s), brand(s), company(s) or retailer(s) of the Samples, and in no way claims to represent or own or control their trademarks, logos, marketing materials, instructions or products. ParentsCanada does not endorse the Samples or guarantee the validity of the information of the Samples, and it is at your discretion to determine whether or not to accept and/or use the Samples. You hereby confirm that you are 18 years of age or older and acceptance and/or use of the Samples is at your sole risk. You further confirm that acceptance of a sample does not suggest any association with ParentsCanada whatsoever.

Disclosure: ParentsCanada may or may not be receiving compensation from the manufacturer(s), brand(s), company(s) or retailer(s) for providing Samples.

2. Support

ParentsCanada is not obligated to provide any support. You may contact ParentsCanada and report problems and provide suggestions regarding the Sample. ParentsCanada has no obligation whatsoever to respond in any way to such a problem report or suggestion. ParentsCanada and/or its suppliers may make changes to the Sample at any time, without any obligation to notify or provide updated versions of the Sample to you.

3. Submitting Comments or Feedback

When you submit any comments or feedback, you hereby agree that they are non-confidential and shall become the property of ParentsCanada. You hereby assign to ParentsCanada all exclusive right, title and interest in and to such comments, feedback, ideas or materials and waive in favour of ParentsCanada all moral rights you could own therein. ParentsCanada shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without notice, attribution or compensation to you.

4. Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARENTSCANADA EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SAMPLE. THE SAMPLE IS PROVIDED “AS IS” (AND AS AVAILABLE), WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SAMPLE, OR ANY SYSTEMS YOU DESIGN USING THE SAMPLE (IF APPLICABLE). NOTHING HEREIN MAY BE CONSTRUED AS A WARRANTY OR REPRESENTATION BY PARENTSCANADA THAT THE SAMPLE OR ANY SYSTEM DEVELOPED WITH OR INCORPORATING THE SAMPLE WILL BE FREE FROM INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.

5. Indemnity

You agree to fully defend and indemnify ParentsCanada from any and claims, liabilities, and costs (including reasonable attorney’s fees) related to your use of the Sample and/or your violation of these Terms.

6. Resale Prohibited

You may not resell, distribute or offer to third party any of the Samples, including without limitation, through distributors, brokers, exporters, or otherwise.

7. Limitation of Liability

IN NO EVENT WILL PARENTSCANADA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PROVIDERS BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.

Please note that it is possible that certain laws in certain provinces may not allow limitations on implied warranties or conditions, 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. The parties herein agree that this section represents a reasonable allocation of risk given that the samples are provided at no charge.

8. Compliance with Laws

You must use the sample received as per instructions provided on the Samples, if any, together with common sense and in accordance with all applicable laws, regulations and statutes. You agree that you will not directly or indirectly, export or transmit any Sample to any country in violation of export restrictions. You agree to comply with all Canadian export control laws.

9. Trademarks and Tradenames

You agree that you are not authorized to use any ParentsCanada trademark, tradename, brand or logo, without the prior written authorization of ParentsCanada.

10. Choice of Law

You agree that the statutes and laws of the Province of Ontario, without regard to conflicts of laws principles, will apply to all matters relating to these Terms and the Sample, and you agree that any litigation will be subject to the exclusive jurisdiction of the provincial courts in Toronto, Ontario. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the Sample must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11. Entire Agreement

These Terms constitutes the entire agreement between you and ParentsCanada regarding the subject matter herein, and supersedes all prior communications, negotiations, understandings, agreements or representations, either written or oral, if any.

12. Severability

If any provision herein is held for any reason to be invalid or unenforceable, then the remaining provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be replaced with a provision that is valid and enforceable and that comes closest to the intention underlying the invalid or unenforceable provision.

13. No Waiver

The waiver by ParentsCanada of any breach of any provision of these Terms will not operate or be construed as a waiver of any other or a subsequent breach of the same or a different provision.

14. Additional Rights

All rights not expressly granted in these Terms are reserved to ParentsCanada. Nothing contained in these Terms shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of ParentsCanada or any other person or entity.

15. Language

You and ParentsCanada agree that these terms and all related documents be drawn up in the English language. Les parties confirment leur volonté que cette convention, de même tous les documents qui s’y rattachent, soient rédigés en langue Anglais.

These Terms were last updated in October 2018. ParentsCanada may change, suspend or discontinue any aspect of these Terms at any time. If any modification is unacceptable to you, you shall cease accepting and using Samples. Please review this webpage each time you visit the ParentsCanada website and/or accept a Sample. These Terms do not alter in any way the terms or conditions of any other agreement you may have with ParentsCanada or its affiliates for other products or services.

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 2018