Terms of Use

GENERAL

The following are the terms of use that govern the www.bertandbratt.com Website (the “Site”). Your use of the Site constitutes your agreement with these terms. Bert& Bratt Innovations Inc. (“Bert and Bratt”), reserves the right to revise these terms and conditions. We will post any changes here as they are made.

 

SITE CONTENT

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Bert&Bratt.

 

The Contents of the Site, and the Site as a whole, are solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site only for your personal use. No right, title or interest in any downloaded materials or software is given to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

 

PRODUCT INFORMATION

Bert&Bratt products displayed on the Site are available in select stores in the Canada and the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in all stores.

COMMENTS AND SUBMISSIONS

All comments, feedback, suggestions, ideas, and other submissions offered or submitted to Bert&Bratt in connection with your use of this Site (collectively, “Comments”) shall be Bert&Bratt’s property. Such offer or submission of any Comments constitutes an assignment to Bert&Bratt of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Bert&Bratt is under no obligation to: (1) maintain any Comments in confidence; (2) pay you any compensation for any Comments; or (3) respond to any Comments.

 

You agree that Comments submitted by you will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that Comments submitted by you will not be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

 

PRIVACY POLICY

You agree that Bert&Bratt  may use and/or disclose information consistent with our Privacy Policy.

 

INDEMNIFICATION

You agree to defend, indemnify and hold Bert&Bratt harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site. LINKS TO OTHER WEB SITES To the extent that this Site contains links to services and resources not within Bert&Bratt’s control (“Third-Party Sources”), any claims or concerns regarding any Third-Party Sources, or any link thereto, should be directed to the particular Third-Party Source. You agree that Bert&Bratt shall not be liable to you for your use of any Third-Party Sources.

 

DISCLAIMER

IN NO EVENT SHALL BERT&BRATT OR ANY OF ITS AFFILIATED ENTITIES, SUPPLIERS OR RETAILERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF BERT&BRATT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

MISCELLANEOUS

Unless otherwise specified and except to the extent Bert&Bratt products are offered for sale in Canada and the United States through specific vendors listed on Site. This Site and its Contents are displayed solely for the purpose of promoting Bert&Bratt’s products available in Canada and the United States and select foreign markets. This Site is controlled and operated by Bert&Bratt from its offices in Devon, Alberta.

CHOICE OF LAW AND VENUE

This Agreement shall be governed by, construed and enforced in accordance with the laws of the province of Alberta, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate federal or provincial court sitting in the province of Alberta.

THIRD-PARTY TRADEMARKS

Third-party trademarks, trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

Notices for Reporting and Making Claims of Copyright Infringement

Bert&Bratt will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”).

Please send any concerns regarding our products or services to info@bertandbratt.com

TERMINATION

This Agreement is effective unless and until terminated by either you or Bert&Bratt. You may terminate this Agreement at any time. Bert&Bratt may terminate this Agreement at any time, may do so immediately, without notice, and may deny you access to the Site.