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.
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.