Terms and Conditions
Last updated June 27, 2014

1. User’s Acknowledgment and Acceptance of Terms

Please read these Terms of Use (“Terms of Use”) carefully before using www.thane.ca (“Website”). These Terms of Use set forth the terms of use established by Thane Canada Inc. (“Thane”) to govern your use of this Website. Such use is subject to your compliance with these Terms of Use, the Privacy Policy as well as any other written agreement between us.

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THIS WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THIS WEBSITE AND ANY SUCH PRODUCTS, SERVICES, CONTENT OR INFORMATION. YOU AGREE THAT BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OF AGE. PERSONS UNDER 13 YEARS OF AGE ARE PROHIBITED FROM USING THIS WEBSITE UNLESS SUPERVISED BY A PARENT OR GUARDIAN.

Thane reserves the right in its sole discretion to make changes to these Terms of Use at any time, and such changes will be effective immediately upon being posted on this Website. It is your responsibility to review these Terms of Use periodically and to be aware of any modifications. Your continued use of this Website after such modifications will constitute your acknowledgment of the modified terms and your agreement to be bound by them

2. Privacy

Your use of this Website constitutes notice of Thane’s Privacy Policy, which is incorporated into these Terms of Use by this reference.

3. Copyright, Trademarks and Other Intellectual Property

For purposes of these Terms of Use, “Content” is defined as any information, communications, software, text, photos, video, graphics, music, sounds and other materials and services that can be viewed by users of this Website. This includes without limitation blogs, message boards, product reviews or other original content. The Content is copyrighted as a collective work under the laws of United States, Canada, and other copyright laws, and is the property of Thane or its affiliated companies or their respective licensors. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the Content from different areas of this Website solely for your own non-commercial use, or to place an order on this Website. Any other use, or transmission of the Content is strictly prohibited, unless authorized in writing by Thane. You further agree not to change or delete any proprietary notices from the Content you download or print from this Website.

All trademarks, service marks, trade names and domain names used on this Website are trademarks or registered trademarks of Thane, its affiliated companies, or, their respective licensors, which may not be used without Thane’s prior written permission. Except as expressly provided herein, nothing contained on this Website should be construed as granting, a license or right to use any trademark displayed on this Website. Any other intellectual property on this Website, is the sole property of Thane or its affiliated companies, or their licensors.

4. User’s Submissions to this Website

Thane may offer features through this Website that enable you to post information and materials publicly (“Submissions”) on product review, survey and product testimonial pages and message boards, blogs and similar forums (collectively referred to herein as "Forums"). You agree that any Submissions you transmit to this Website will be treated as non-confidential and non-proprietary, may be made available to the general public, and may be used by Thane or its affiliated companies without restriction.

Simultaneously with your posting of each Submission, you automatically grant, or warrant that the owner has expressly granted, to Thane and its affiliated companies, and their successors and assigns, a worldwide, royalty-free, compensation-free, perpetual, irrevocable, non-exclusive, fully sub-licensable and transferable right, without restriction, and license to use, reproduce, distribute, create derivative works based upon, transmit and publish such Submission (in whole or in part) as Thane, in its sole discretion, deems appropriate including, without limitation, in connection with any advertising in any media, including without limitation product packaging, printed publications, presentations, promotional and marketing materials, television and cinema commercials, videos or websites. Thane 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 Submissions. You also grant other Website users permission to access your Submissions and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your Submissions for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use. Thane has all right, title and interest in all results and proceeds from its use of the Submissions.

You represent and warrant that you have all rights necessary to grant the above rights with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through this Website complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights regarding any Submission that you may have under any applicable law. You represent and warrant that any Submissions or other information you provide in connection with your use of this Website are true, accurate and complete. You shall not submit any Submissions that are unlawful or 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 your Submissions.

Thane reserves the right, in its sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise on this Website. The Forums include the opinions, statements and other content of third parties. Thane is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through this Website are those of such third parties and not of Thane, and Thane does not endorse any such opinions, statements or materials. Thane is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute Submissions on this Website, this Website is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any such content or activities on this Website. You may not post or otherwise distribute content to this Website which Thane in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Thane or another party, or illegal or otherwise objectionable to Thane. You may not upload commercial content on this Website or use this Website to solicit others to join or become members of any commercial online service or other organization.

You acknowledge and agree that Thane has no control over, and shall have no liability for any damages resulting from, the use (including without limitation the re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of this Website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK.

5. Disclaimer of Warranties

ALL INFORMATION AND DOCUMENTS PROVIDED ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, OR NON-INFRINGEMENT OF THANE’S INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE FOREGOING, THANE MAKES NO WARRANTY THAT (A) THE SERVICES AND MATERIALS OFFERED ON OR THROUGH THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (B) THESE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THESE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THIS WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ERRORS, OMISSIONS, DISCREPANCIES, OR DEFECTS.

THANE USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. HOWEVER, THANE RESERVES THE RIGHT TO PERIODICALLY CHANGE, ADD, DELETE, IMPROVE OR UPDATE THE INFORMATION ON THIS WEBSITE, INCLUDING THESE TERMS OF USE, WITHOUT NOTICE AND WITHOUT LIABILITY FOR DAMAGES INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF ANY ERRORS, OMISSIONS, DISCREPANCIES, OR DEFECTS, AND YOU AGREE THAT EACH VISIT YOU MAKE TO THIS WEBSITE SHALL BE SUBJECT TO THE CURRENT TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THANE EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES MADE BY THANE WEBSITE USERS ABOUT THANE OR ITS PRODUCTS, OTHER THAN INFORMATION PROVIDED IN THANE’S LITERATURE OR ON THIS WEBSITE. THANE EXPRESSLY PROHIBITS THANE WEBSITE USERS FROM MAKING ANY SUCH NON-APPROVED REPRESENTATIONS OR WARRANTIES, AND THANE IS NOT RESPONSIBLE OR LIABLE FOR THE SAME.

6. Limitation of Liability

YOU ASSUME THE RISK OF ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THIS WEBSITE. THANE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT, ALTERATION OR DESTRUCTION OF WEBSITE CONTENT DUE TO UNAUTHORIZED ACCESS, OR ANY COMMUNICATION LINE FAILURE IN CONNECTION WITH YOUR USE OF THIS WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS FROM THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION. IN NO EVENT SHALL THANE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC, CONSEQUENTIAL, OR OTHER DAMAGES YOU MAY SUFFER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE, EVEN IF THANE IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THANE IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. THANE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL THANE ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS OF USE, THIS WEBSITE, OR YOUR USE OF OR INABILITY TO USE THIS WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THIS WEBSITE.

7. Links to or from Other Websites

Except as otherwise expressly stated by Thane on this Website, Thane is not affiliated or associated with operators of any third party websites that link to or are linked from this Website. Thane expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from this Website. Thane does not endorse any of the products or services, nor has Thane taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. Thane makes no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.

YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Thane shall have the right, at any time and at its sole discretion, to block links to this Website through technological or other means without prior notice.

8. Indemnification

You agree to indemnify, defend, and hold harmless Thane and its affiliated companies from all third party claims, actions, demands, losses, liability, damages and/or costs (collectively, the “Claims”) arising from or related to (a) your access to or use of this Website, (b) your violation of any of these Terms of Use, (c) any allegation that any Submission or other materials that you make available through this Website infringe or otherwise violate the intellectual property, privacy or other rights of any third party, and/or (d) your violation of any rights of any site visitor, user, or customer, or any other third party; and you agree to reimburse Thane and its affiliated companies on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claims. Thane reserves the right, at Thane’s expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Thane in asserting any available defenses.

9. International Use

This Website is controlled and operated by Thane from its offices in Canada. Although this Website may be accessible worldwide, Thane makes no representation that materials on this Website are appropriate or available for use in locations outside of Canada, and accessing them from territories where their content is illegal is prohibited. If you choose to access this Website from other locations, you do so at your own risk and you are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited by law.

10. Children

If you, as the parent or legal guardian of a user of this Website under the age of 18 (“Minor”), have agreed to allow your Minor to use this Website, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of this Website; and (c) the consequences of any use of this Website by such Minor.

11. Claims of Copyright Infringement.

Thane respects the intellectual property of others, and Thane asks you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, you (or your agent) may send Thane a notice requesting that Thane remove the materials or block access to them at customercare@thanedirect.ca.

12. Termination

Notwithstanding any of these Terms of Use, Thane reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use this Website and to block or prevent future access to and use of this Website. You agree that Thane shall not be liable for any termination of your use of or access to this Website.

13. Applicable Law, Jurisdiction and Venue

The exclusive jurisdiction for any claim, action or dispute with Thane relating in any way to your use of the Website or a purchase made on the Website will be in the courts of the Province of Ontario unless required otherwise by applicable laws of your province of residence. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to your purchase of Thane products) or these Terms of Use shall be resolved individually, without resort to any form of class action.

By using this Website, you agree that any notice, agreement, disclosure or other communication that Thane sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Your access, viewing or use of this Website constitute your express permission and consent to the jurisdiction in such courts for the purposes of such actions. In any action to enforce these Terms of Use, the prevailing party will be entitled to its costs and attorneys’ fees. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14. Miscellaneous

These Terms of Use constitute the entire agreement and understanding between you and Thane concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend these Terms of Use, or to enter an order for products or services that are subject to additional or altered terms of use, shall be null and void, unless otherwise agreed to in a written agreement signed by you and Thane. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Thane may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

Thane shall be excused from liability for non-delivery or delay in delivery of products and services available through this Website arising from any event beyond Thane’s reasonable control, whether or not foreseeable by Thane, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, act of terrorism (actual or threatened), or other causes or events beyond Thane’s reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Questions or Comments

If you have any questions or comments about our Website or these Terms of Use, please contact Thane by calling our Customer Service Department at (877) 771- 7017 (Monday through Friday 8:30 a.m. to 5:00 p.m. Eastern Time) or by sending an email to customercare@thanedirect.ca. Please allow 2 to 3 business days for a response to your email inquiry.