Acceptance of the Terms:
This website, located at tightlyknithosiery.com, (the “Site”) is owned and operated by To Be Brief Inc. (“To Be Brief”), trading as Tightly Knit. To Be Brief Inc’s registered address is 2600 Manulife Place 10180-101 Street Edmonton, Alberta, Canada T5J 3Y2. These Terms and Conditions (the “Terms”) constitute a binding agreement and govern your use, interactions and transactions on this website, and the services and products provided on the Site. These Terms also apply to any of the blogs and subdomains connected to this Site. By using this Site and/or placing an order through this Site, you are representing and acknowledging that you have read and fully understand these Terms, and agree to be bound by them. If you do not agree with any provision of these Terms, please do not use the site and/or related services.
Account Registration and Access to Services: While tightlyknithosiery.com is available on an open-access basis, we also allow users to sign up and create member accounts.When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Site. You are responsible for making sure that your account information is accurate, up-to-date, secure and confidential.
Intellectual Property Rights: All images, photographs, graphics, icons, text, code, and software contained in this website (“Website Materials”) are exclusive property of To Be Brief Inc., trading as Tightly Knit, and its licensors. All website materials contained are protected by Canadian and other copyright laws and international treaties. You may not copy or distribute the website materials, electronically or otherwise, for any purpose. You hereby grant To Be Brief Inc. a non-exclusive right to use all of your data as necessary solely for the purposes of providing the Products to you when purchased.
Linking Disclaimer: Please note that these Terms apply only to services, products and information contained on this Site. We may however include links which when followed may lead you to other websites which are not owned or controlled by us. These Terms do not apply to those external websites, and we do not assume any liability for any loss, damage, or harm sustained in connection with clicking the links provided on our Site. Please take caution when following such links.
Disclaimer of Warranties: While Tightly Knit strives to take reasonable efforts to supply products and services with acceptable level of care, you recognize that the performance of the services involves unknown and unforeseeable risks and that Tightly Knit does not warrant or guarantee that there will be a quick or suitable solution to all problems. You agree that Tightly Knit provides its products, services and materials ‘as is’ without any warranties, express or implied and Tightly Knit /To Be Brief Inc. disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for particular purpose and/or non-interference with third-party intellectual property rights.
Limitation of Liability: You agree that Tightly Knit and its affiliates or partners will not be liable for lost profits, loss of use, loss of income, loss of production, loss of actual or potential business opportunity or indirect, special, punitive, incidental or consequential damages, of any kind, whether in an action in contract or tort, even if Tightly Knit /To Be Brief Inc., or its agent or representative has been advised by any party of the possibility of such damages. You agree that our total liability to you under these Terms for damages, loss, costs, fees, verdict, and expenses, in contract, tort or otherwise, shall be limited to (i) the payment received by us from you under these Terms, and in the case of defective products purchased from Tightly Knit, (ii) the replacement cost of the actual product.
Indemnity: The Purchaser hereby covenants and agrees to indemnify and save harmless To Be Brief Inc. and, if applicable, its officers, directors, employees, agents and representatives from and against any and all Claims, actions, suits, proceedings, costs, expenses, Losses, damages and liabilities, including solicitors’ fees on a solicitor and own client full-indemnity basis, arising out of, connected with or resulting from the possession, use and operation of the Products by the Purchaser, including, without limitation, the following:
Force Majeure: In the event of an inability or failure by To Be Brief Inc. to manufacture or supply any of the Products herein by reason of any fire, explosion, war, riot, strike, walkout, labour controversy, flood, excess of water, shortage of water, excessive or unusual rain, power, labour or transportation difficulties of necessary materials or supplies, default or failure of carriers, breakdown in or loss of production or anticipated production from plant or equipment, act of God or public enemy, any law, act or order of any Court, board, government or other authority of jurisdiction, or any other direct cause (whether or not of the same character as the foregoing) out of the reasonable control of To Be Brief Inc., then To Be Brief Inc. shall not be liable to the Purchaser during the period and to the extent of such inability or failure.
Entire agreement: These Terms constitute the entire agreement governing your use and access of the Site and replaces any representations, statements or guarantees between the parties.
Waiver: No action or omission done by any party under these Terms in relation to that party’s rights shall constitute a waiver except with a written notice to that effect.
Severability: If any provision of these Terms is adjudged unenforceable or too broad to permit enforcement of such provision to its full extent, then such provision shall be enforced to the maximum extent permitted by law. If any provision of these Terms shall be interpreted to be unlawful, void, or for any reason unenforceable then that provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.
Termination: These terms are effective until revised or terminated by us and we reserve the right to amend or terminate any or all of these Terms at any time.
Dispute resolution: If a dispute arises in relation to the performance of services and application of these Terms, the parties shall first in good faith try to resolve the dispute through negotiations. If the parties cannot reach a mutually suitable agreement after negotiations, parties agree to refer the dispute to formal mediation conducted by a mediator mutually agreed upon by the parties. The costs of the mediator shall be shared equally. Each party agrees to cooperate with the mediator and try to obtain a mutually satisfactory outcome to the dispute. If you and To Be Brief Inc. fail to resolve the dispute within 60 days after formal mediations, any party may refer the matter to courts of law.
Governing law: These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta. The Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Alberta and waive any objection based on venue or forum non convenienswith respect to any Claims arising under this Agreement and/or any related transactions between the Parties.