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Coghlan’s Ltd. Website Terms of Use Agreement



Welcome to Coghlans.com. By using the Coghlans.com web site (the "Web Site"), you agree to be bound by these Terms of Use (this "Agreement"), If you object to anything in this Agreement or Coghlan’s Ltd.'s Privacy Policy, do not use the Web Site or the Service. The Terms of Use are subject to change by Coghlan’s Ltd. at any time, effective upon posting on the Web Site, and your use of the Service after such posting will constitute acceptance by you of such changes.

Acceptance of Terms of Use Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Web Site. This Agreement may be modified by Coghlan’s Ltd. from time to time, such modifications to be effective upon posting by Coghlan’s Ltd. on the Web Site. This Agreement includes Coghlan’s Ltd.'s Privacy Policy and any notices or all other policies regarding the Web Site whether posted on the Web Site or emailed to you. By accessing the Web Site, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. By accessing the Web Site, you consent to have this Agreement provided to you in electronic form. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

Eligibility. You must be an adult in the jurisdiction in which you live to use the Web Site. By using the Web Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Term. This Agreement contains the entire agreement between you and Coghlan’s Ltd. regarding the use of the Web Site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Coghlan’s Ltd. of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Coghlan’s Ltd. will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Content on Web Site.
(a) Proprietary Rights. Coghlan’s Ltd. owns and retains all proprietary rights in and to the Web Site. The Web Site contains the copyrighted material, trademarks, and other proprietary information of Coghlan’s Ltd. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
(b) Responsibility for Content. Coghlan’s Ltd. does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Web Site. Under no circumstances will Coghlan’s Ltd. or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Web Site.

Links. Coghlan’s may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Coghlan’s Ltd. has no control over such sites and resources, you acknowledge and agree that Coghlan’s Ltd. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Coghlan’s Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

Third-Party Advertisers. Coghlan’s Ltd. may run advertisements and promotions from third parties on the Web Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Coghlan’s Ltd., and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Coghlan’s Ltd. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

Limitation on Liability. Coghlan’s Ltd. is not responsible for any incorrect or inaccurate Content posted on the Web Site, whether caused by users of the Web Site, or by any of the equipment or programming associated with or utilized in the Web Site. Coghlan’s Ltd. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Coghlan’s Ltd. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Web Site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Web Site. Under no circumstances will Coghlan’s Ltd. or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web Site, any Content posted on the Web Site, or any interactions between users of the Web Site, whether online or offline. The Web Site are provided "AS-IS" and Coghlan’s Ltd. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Coghlan’s Ltd. cannot guarantee and does not promise any specific results from use of the Web Site. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Web Site is for informational purposes only and is not intended to replace or substitute for any professional financial, legal, or other advice. Coghlan’s Ltd. makes no representations or warranties and expressly disclaims any and all liability concerning any action by, or effect on any person following the information offered or provided within or through the Web Site. IN NO EVENT WILL COGHLAN’S LTD. BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE WEB SITE, EVEN IF COGHLAN’S LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdiction and Choice of Law. If there is any dispute arising out of the Web Site, by using the Web Site, you expressly agree that any such dispute shall be governed by the laws of the Province of Manitoba, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of the Province of Manitoba for the resolution of any such dispute.

Indemnity by You. You agree to indemnify and hold Coghlan’s Ltd., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of or in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

No Third Party Beneficiaries. You agree that there shall be no third party beneficiaries to this Agreement.

Trademarks and No Endorsement. Coghlan’s is trademark of Coghlan’s Ltd. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Web Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Coghlan’s Ltd. Please contact us with any questions regarding this agreement.

Privacy Policy.


Use of the Web Site is also governed by our Privacy Policy. Coghlan’s Ltd. respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of the Web Site, the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures. We encourage you to read this Privacy Policy carefully when using the Web Site or transacting business with us. By using the Web Site, you are accepting the practices described in this Privacy Policy. If you have any questions about our privacy practices, please contact us.

Information we collect about you

In General. 
We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our Web Site, the information may be sent to servers located in the United States and other countries around the world.

Information you provide. We may collect and store any personal information you enter on our Web Site or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information).

Information from other sources. We may also periodically obtain both personal and non-personal information about you from other business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.

Information about others. We may also collect and store personal information about other people that you provide to us. If you use our Web Site to send others (friends, relatives, colleagues, etc.) information that may interest them or messages (such as invitations) through our system, we may store your personal information, and the personal information of each such recipient.

Use of cookies and other technologies to collect information.
We use various technologies to collect information from your computer and about your activities on our site. We automatically collect information from your browser when you visit our Web Site. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us, and the referring Web Site address. When you visit our Web Site, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our Web Site. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our Web Site visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.

Information collected by third-parties. We may allow third-parties, including our authorized service providers, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. Our Web Site does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness.

How we use the information we collect
In general. 
We may use information that we collect about you to: deliver the products that you have requested; manage your account and provide you with customer support; perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others; aggregate data such as the anonymous personal financial data you may enter into our tools. This aggregate information does not identify particular users or otherwise allow anyone to recover sensitive information about individual users. Aggregate information belongs to Coghlan’s Ltd., and is not subject to this privacy policy; communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us or other third parties; develop and display content and advertising tailored to your interests on our site and other sites; enforce our terms and conditions; manage our business; and perform functions as otherwise described to you at the time of collection.

Financial information. We may use financial information or payment method to process payment for any purchases made on our Web Site, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

With whom we share your information. We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.

Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include processing credit card payments, providing customer service and marketing assistance, performing business and sales analysis, supporting our Web Site functionality, and supporting contests, sweepstakes, surveys and other features offered through our Web Site. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Business partners: When you engage in promotions offered through our Web Site or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
Other Situations. We also may disclose your information: in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us; when we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Web Site terms and conditions or other agreements or policies; in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside Canada and/or the United States.

Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on our Web Site and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors and advertisers, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our Web Site and the most popular features or services accessed. This information does not contain any personal information and may be used to develop Web Site content and services that we hope you and other users will find of interest and to target content and advertising.

Third-party websites. There are a number of places on our Web Site where you may click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on an advertisement or a search result on our Web Site, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the "privacy" link typically located at the bottom of the webpage you are visiting.

How you can access your information. If you have an online account with us, you have the ability to review and update your personal information online by logging into your account using the Login link at the upper right side of the page. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.

Your choices about collection and use of your information. You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Web Site because such information may be required in order for you to register as a member; participate in a contest, promotion, survey, or sweepstakes; ask a question; rate, review or comment on articles and merchants, or initiate other transactions on our Web Site. You will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that changing information in your account, or otherwise opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third party (such as an event provider) before you have changed your preferences or updated your information, you may have to change you preferences directly with that third party.

How we protect your personal information. We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of your sensitive personal information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your personal information. We want you to feel confident using our Web Site to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email.

Blogs, bulletin boards, reviews and chat rooms. We may provide areas on our Web Site where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.

Children's privacy. Our Web Site is a general adult audience site, and we do not knowingly collect personal information from children.

No Rights of Third Parties. This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Web Site.



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9.3.3.1 @ 10/22/2020 - 9:16 AM