Welcome to store.canyonrimhealthyliving.com. store.canyonrimhealthyliving.com ("Website") is an interactive online service operated by Canyon Rim Healthy Living ("Canyon Rim").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 20 BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.
By using the Site, participating in the Loyalty Rewards Program, or disclosing to us any personal information: (i) you agree that you have read and understand the terms of this Agreement, (ii) you accept and agree to be bound by the terms of this Agreement, and (iii) you accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.
In addition to these Terms of Use, we have established a Privacy Policy to explain how we collect and use information about you. A copy of this Privacy Policy can be found here: (click here) and is incorporated by reference into these Terms of Use. By accessing or using the Website, you are also signifying your acknowledgement and agreement to our Privacy Policy.
(A) Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
(B) With respect to items sold by us, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mis-priced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. This policy applies only to products sold and shipped by us.
Shipping dates that may be provided at the time you place the order are estimated shipping dates only. We will use reasonable efforts to deliver your order in accordance with the estimated dates, but does not warrant or guarantee any particular delivery dates. Unless otherwise stated herein, you will be charged for shipping. Shipping costs for orders from us depend on the method of shipping you choose. For more information on shipping rates, schedules, and policies, please read our Shipments Information page or contact us via email or by phone as indicated on our Contact Us web page.
Products purchased from store.canyonrimhealthyliving.com are subject to our Return Policy.
We may revise the selection of products and services or discontinue products and services at any time without notice to you. This may affect information saved in your online "My Wishlists."
The Website, the Reviews, the Loyalty Rewards Program and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Website Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
The products and claims made about specific products on or through the Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.
The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
Information provided on the Site and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on the Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. The Site does not recommend self-management of health issues. Information on the Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on the Site.
Links to or access from any third party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.
You should not use the information or services on the Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging, prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any forums on the Site by employees or Site users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent the our positions or views. Product ratings by any current or previous employees or Site users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional.
Always check the product label or packaging prior to using any product. If there are discrepancies, customers should follow the information provided on the product label or packaging. You should contact the manufacturer directly for clarification as to product labeling and packaging details and recommended use.
We are not liable for any information provided on the Site with regard to recommendations regarding supplements for any health purposes. The products or claims made about specific nutrients or products have not been evaluated by the Food and Drug Administration. Dietary products are not intended to treat, prevent or cure disease. Consult with a healthcare professional before starting any diet, supplement or exercise program. We make no guarantee or warranty with respect to any products or services sold. We are not responsible for any damages for information or services provided even if we have been advised of the possibility of damages.
I. GENERAL. This Member Agreement includes terms and conditions and other details about the relationship between you and Canyon Rim Health Living ("Canyon Rim", "us" or "our") relating to the Canyon Rim Healthy Living Loyalty Rewards program ("Program"). By enrolling in, or otherwise participating in, the Program, you acknowledge that you have read and understood this Member Agreement and that you agree to be bound by it , as well as all additional policies, terms and conditions referenced and incorporated in Section XI of this Member Agreement, all of which may be amended from time-to-time (collectively, "Terms"). If you do not agree to all of the Terms now or at any point in the future, please email info@canyonrimhealthyliving.com to un-enroll. These Terms constitute a legally binding agreement between Canyon Rim Healthy Living, and each individual who enrolls or participates in the Program.
II. MEMBERSHIP. Participation in the Program and the benefits of the Program are offered at the sole discretion of Canyon Rim. Eligible customers (as described below) may enroll or otherwise participate. One Program membership per customer. Your membership is nontransferable and is subject to future Program Terms. By joining or otherwise participating, you agree to receive operational communications about the Program, as well as advertising and marketing material from Canyon Rim. You agree that, in order to participate in the Program, it is your responsibility to keep your Member information current, complete and accurate by periodically updating your information with Canyon Rim through the Program website in the Member's "My Account" page.
III. ELIGIBILITY. The Program is open to individual U.S. residents (excluding Guam, Puerto Rico, U.S. Virgin Islands and territories) at least 13 years of age who provide and maintain a valid email address. By joining or otherwise participating in the Program, you represent and warrant that you are at least 13 years of age or older. If you are between 13 and the age of majority, you agree that you have obtained permission from your parent or legal guardian to be a member of the Program, and you expressly acknowledge that you may not be eligible for all Program benefits. You may un-enroll at any time by emailing info@canyonrimhealthyliving.com.
IV. EARN POINTS. As a member of the Program, you will earn 1 point for every $1 you spend on qualifying purchases made in-store and online (see "Non-Qualifying Purchases" below). To earn points for purchases made on store.canyonrimhealthyliving.com you must be logged into your store.canyonrimhealthyliving.com shopping account.
Points will post to your Program account approximately 48 hours following the purchase date, delivery date or shipment date, subject to processing timeframes and/or website maintenance. Points are based upon dollars spent on qualifying purchases. If an item is returned, Points will be deducted from your Program membership equal to the amount of Points earned for that applicable amount of that purchase. Points will be earned by only one Program membership per transaction. Program points, and any Program offers and coupons have no cash value. Unless otherwise expressly stated, your Program membership, points, offers and coupons are not transferable. Other restrictions and exclusions may apply.
Please refer to the FAQs for more information about the Program.
V. POINTS & REWARDS. For every 100 points you earn in the Program, you will be eligible to receive a digital $3 CanyonRim Loyalty Rewards Coupon; provided, however, that you have also provided and maintained a valid email address. CanyonRim Loyalty Rewards points expire one (1) year after they are earned, measured from the day in which the Reward points were earned. If your CanyonRim Loyalty Rewards account has been inactive for 12 months, your balance will automatically be reset to zero. You will begin earning points again at the time of your next purchase. CanyonRim Loyalty Rewards Coupons are dollar-off discounts good toward future purchases at store.canyonrimhealthyliving.com and may be redeemed for a discount off purchase amounts equal to or greater than the sum of the CanyonRim Loyalty Rewards Coupon(s) presented for redemption, excluding Non-Qualifying Redemptions (see below). Unless otherwise expressly stated, CanyonRim Loyalty Rewards Coupons are not transferable and may only be used by the member to whom it is issued. CanyonRim Loyalty Rewards Coupons may be used in conjunction with most other discounts or offers toward the purchase of products, not to exceed the purchase amount. CanyonRim Loyalty Rewards Coupon(s) will be applied prior to percent-off total purchase discounts. Each CanyonRim Loyalty Rewards Coupon will indicate its expiration date, and expired coupons will not be accepted. CanyonRim Loyalty Rewards Coupons have no cash value and are not legal tender; no cash back will be given for CanyonRim Loyalty Rewards Coupon redemption.
VI. OFFERS. As a Program member, you will receive several offers throughout a twelve-month period. Please refer to the FAQs for more information about the Program Offers. Offers may include, but are not limited to, percent-off and dollar-off coupons. Offers will include additional details, exclusions and terms. In addition, as a Program member, you may receive other communications, such as early notification about upcoming events and sales, a birthday coupon and a fashion newsletter.
VII. NON-QUALIFYING PURCHASES. Qualifying purchases for which points will be earned include sale-, regular- and clearance- priced merchandise. Points are earned on the dollar amount of qualifying purchases after all applicable discounts, offers, coupons and CanyonRim Loyalty Rewards Coupons are applied and before tax is imposed.
VIII. MEMBERSHIP MODIFICATION, EXPIRATION, CANCELLATION AND TERMINATION. Members who have no qualifying point activity during any continuous 12-month period, may have their membership automatically expire on the last day of the 12th month of membership inactivity and that membership will be inactivated.
Resellers are expressly excluded from the Program. If you purchase items for resale, we reserve the right to not award points, to deduct improperly awarded points from your account balance, to invalidate improperly issued CanyonRim Loyalty Rewards Coupons and/or to terminate your membership.
In the event of any abusive or fraudulent activity related to the Program, and/or a violation of the Program terms, as determined by us in our sole discretion, we reserve the right to make any adjustments to, including termination of, your Program Account at any time. Any such adjustments, however, will be made in accordance with the Terms, any applicable laws, rules or regulations. Memberships may be canceled by you at any time by emailing info@canyonrimhealthyliving.com. Cancellation may take from 3 to 4 weeks to finalize. Upon cancellation, your membership will be inactivated.
In addition, Canyon Rim reserves the right to change, limit, modify or terminate the Program and/or your membership for any reason or no reason at any time, with or without notice.
IX. MEMBER COMMUNICATIONS. You may view your membership activity online at https://store.canyonrimhealthyliving.com/module/loyalty/. By enrolling or otherwise participating in the Program, you agree to receive transactional emails and promotional email offer updates from Canyon Rim. Members may unsubscribe from promotional emails at any time via the unsubscribe link in those emails. For information about your membership, send email to info@canyonrimhealthyliving.com.
X. ADDITIONAL TERMS.
(A) Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
(B) Furthermore, except as expressly permitted in these Terms of Use, you may not:
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
(ii) circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
(iii) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
(iv) collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
(v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
(vi) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
(vii) decompile, reverse engineer, or disassemble any portion of any the Website;
(viii) use network-monitoring software to determine architecture of or extract usage data from the Website;
(ix) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person's Account (as defined in Section 10(B) without permission, etc.);
(x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
(xi) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
(C) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
(A) In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information.
(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (an "Account"), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to notify us immediately, via email or by phone as indicated on our Contact Us web page, of any breach of security or unauthorized use of your Account.
(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(C) You represent, warrant, and covenant that you will not submit any User Content that:
(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
(iv) is an advertisement for goods or services or a solicitation of funds;
(v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; (vi) contains a formula, instruction, or advice that could cause harm or injury; or
(vii) is a chain letter of any kind. Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
(D) By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use.
(E) By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the User Content.
(F) We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
(G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
(A) We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
(B) In many instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
(C) If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release Canyon Rim Healthy Living and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
(D) The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
You agree to indemnify and hold harmless Canyon Rim Healthy Living and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with:
(i) your access to or use of the Website;
(ii) User Content provided by you or through use of your Account;
(iii) any actual or alleged violation or breach by you of these Terms of Use;
(iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or
(v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
(A) THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY CANYON RIM HEALTHY LIVING ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CANYON RIM HEALTHY LIVING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
(B) TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CANYON RIM HEALTHY LIVING DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CANYON RIM HEALTHY LIVING DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM CANYON RIM HEALTHY LIVING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CANYON RIM HEALTHY LIVING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
(C) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
(D) YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
(E) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
(A) We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Canyon Rim Healthy Living shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Website.
(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Account or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions in Section 20.
(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
(B) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work's copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
(A) These Terms of Use shall be construed in accordance with the laws of the State of Washington without regard to its conflict of laws rules. Any legal proceedings against Canyon Rim that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in the state and federal courts of Washington and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
(B) Any dispute relating in any way to your visit to the Website or to products or services sold or distributed by us or through the Website in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both ("Additional Terms"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
(B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of any the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the Website and, if applicable, terminate your Account.
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
(B) Except where specifically stated otherwise (e.g. Section 6(b)(iv)), if any part of these Terms of Use are unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.
(C) These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
(D) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
If you have any questions about this Agreement, please Contact Us.
Follow us