HIGHLANDER Cards - The spirit of the Highlands™

LEGAL NOTICE & TERMS OF USE

TERMS OF USE
Welcome to HIGHLANDER Cards, a HIGHLANDER Design Group company. HIGHLANDER Design Group provides services to you under the following terms of use, which we may update from time to time without notice to you. By using this site you agree to these terms of use. Please read these Terms of Use carefully before using HIGHLANDERCards.ca. Your continued use of HIGHLANDERCards.ca indicates your agreement to be bound by these terms of service in effect at the time of such use. The term "HIGHLANDER Design Group" used in these terms of use means HIGHLANDERCards.ca, HIGHLANDER Cards, its subsidiaries and parent companies.

PRIVACY
Any information you provide to us is subject to our Privacy Policy. For more information, please contact us in writing.

COPYRIGHT
All content included on this site, such as text, graphics, logos, icons, photos, products, audio clips, digital downloads, data compilations, and software, is the property of HIGHLANDER Design Group or its content suppliers and is protected by Canada and international copyright laws. The compilation of all content on this site is the exclusive property of HIGHLANDER Design Group and is protected by Canada and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the specific permission of HIGHLANDER Design Group. This prohibition includes, but is not limited to, the use of any proprietary HIGHLANDER Design Group logos such as the HIGHLANDER saltire, HIGHLANDER Graphics saltire, HIGHLANDER cards saltire, HIGHLANDER Design Group saltire, and HIGHLANDER Tartan©, on any website, in e-mails, or in other media without express written permission from HIGHLANDER Design Group.

MEMBER CONDUCT
You agree that any information you provide to HIGHLANDERGraphics.ca is truthful and accurate. You agree to not use HIGHLANDERGraphics.ca to upload, post, email, send by e-card, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You represent and warrant that you own or otherwise control all of the rights to any content you submit or post to or through the site; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity and that you will indemnify HIGHLANDER Design Group for all claims resulting from content you supply.
HIGHLANDER Design Group grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HIGHLANDER Design Group, or where expressly permitted. You agree not to use or resell HIGHLANDERCards.ca or the services it provides for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL HIGHLANDER DESIGN GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF HIGHLANDER DESIGN GROUP OR A HIGHLANDER DESIGN GROUP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HIGHLANDER DESIGN GROUP TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

DISCLAIMER OF WARRANTIES
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KINDS, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HIGHLANDER DESIGN GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HIGHLANDER DESIGN GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HIGHLANDER DESIGN GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HIGHLANDER DESIGN GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

PRODUCT INFORMATION DISCLAIMER
It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on HIGHLANDERCards.ca may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. HIGHLANDER Design Group reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you.

UNSOLICITED SUBMISSIONS
HIGHLANDER Design Group welcomes comments regarding its products and services. However, HIGHLANDER Design Group's policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by HIGHLANDER Design Group very productive staff are similar to someone else's creative work. Accordingly, we must ask that you not send us any such ideas. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of HIGHLANDER Design Group. None of the Information shall be subject to any obligation of confidentiality on the part of HIGHLANDER Design Group and HIGHLANDER Design Group shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of Canada.

NOTICE
Notices to you may be made via either email or regular mail. We may also provide notices of changes to the terms of service or privacy policy by displaying notices or links to notices to you generally on HIGHLANDERCards.ca.

TERMINATION
This agreement will terminate immediately without notice from HIGHLANDER Design Group if in HIGHLANDER Design Group's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from HIGHLANDER Design Group and all copies thereof, whether made under the terms of this agreement or otherwise.

DISPUTES AND JURISDICTION
This agreement shall be governed by and construed in accordance with the laws of the Province of Nova Scotia, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to HIGHLANDERGraphics.ca or to products you purchase through HIGHLANDER Design Group shall be submitted to confidential arbitration in Halifax, Nova Scotia, except that, to the extent you have in any manner violated or threatened to violate HIGHLANDER Design Group's intellectual property rights, HIGHLANDER Design Group may seek injunctive or other appropriate relief in any provincial or federal court in the Province of Nova Scotia, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against HIGHLANDER Design Group.

MISCELLANEOUS
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
HIGHLANDER Design Group makes no representation that materials in the site are appropriate or available for use outside of Canada. Those who choose to access this site from outside of Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable Canada export controls.

COPYRIGHT AGENT
HIGHLANDERGraphics.ca respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact HIGHLANDER Design Group's Copyright Agent and provide the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please send your copyright information to:

Copyright Agent HIGHLANDER Design Group
204-141 Albro Lake Rd, Dartmouth, NS, B3A 3Y7
CANADA