Conditions of Use
Welcome to fortnine.ca (the "FortNine.ca site"). The services on this site are offered to you by Boutique Linus inc. ("FortNine.ca"), and its affiliates subject to the following conditions. If you visit or shop at the FortNine.ca site, you accept these conditions. Please read them carefully. When you use any current or future FortNine.ca service or visit or purchase from any business affiliated with FortNine.ca, whether or not included in the FortNine.ca site, you will be subject also to the guidelines and conditions applicable to such service or business. BY USING THE FORTNINE.CA SITE AND THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE CONDITIONS OF USE AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS OF USE, YOU MAY NOT USE THE FORTNINE.CA SITE.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. FortNine.ca reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant FortNine.ca and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FortNine.ca and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FortNine.ca or its affiliates for all claims resulting from content you supply. FortNine.ca has the right but not the obligation to monitor and edit or remove any activity or content. FortNine.ca takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from FortNine.ca are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
FortNine.ca attempt to be as accurate as possible. However, FortNine.ca does not warrant that product descriptions or other content of the FortNine.ca site are accurate, complete, reliable, current, or error-free. If a product offered by FortNine.ca itself is not as described, your sole remedy is to return it in unused condition.
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. 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.
With respect to items sold by FortNine.ca, 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 mispriced. 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.
All pricing is subject to change. FortNine.ca reserves the right to make adjustments to pricing and product offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, FortNine.ca cannot guarantee that it will be able to fulfill Customer's orders.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FORTNINE.CA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FORTNINE.CA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FORTNINE.CA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FORTNINE.CA DOES NOT WARRANT THAT THE FORTNINE.CA SITE;, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS, OR E-MAIL SENT FROM FORTNINE.CA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FORTNINE.CA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE FORTNINE.CA SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS 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 MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Site Policies, Modification, and Severability
Please review our other policies, such as our Pricing policy, posted on the FortNine.ca site. These policies also govern your visit to the FortNine.ca site. Your use of the FortNine.ca site will be subject to the version of the Conditions of Use posted on this site at the time of such use. Accordingly, you are advised to review the Conditions of Use prior to using the FortNine.ca site. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE FORTNINE.CA SITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.