this version is in effect since December 21, 2012
Doris Inc. (“Doris”) welcomes you to this website, www.doris.net, www.secretlegwear.com, www.silkshosiery.com and www.therapyplus.ca (each individually, the “Website”). YOU MUST CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING TO ACCESS OR USE OF THE WEBSITE SINCE YOUR ACCESS TO OR USE OF THE WEBSITE IS SUBJECT TO THIS AGREEMENT.
1. Your Acceptance of this Agreement
2. Permission to use the Website
You may use the Website only if you are a resident of Canada or the United States (U.S.), are thirteen (13) years of age or older, and you can form legally binding contracts under applicable law. By accessing or using the Website, you represent and warrant that you are thirteen (13) years of age or older or are visiting the Website under the supervision of your parent or legal guardian. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. Doris reserves the right to request proof of identification and age.
3. Changes to this Agreement
Doris reserves the right, from time to time, in its sole discretion, to change, supplement or amend all or part of this Agreement as it relates to your future use of the Website, for any reason, and without any prior notice or liability to you or any other person. The then current version of the Agreement will be posted on this Website, and you are responsible for periodically reviewing the Agreement prior to using the Website. If any term, condition or any change thereto is not acceptable to you, you must discontinue immediately your use of this Website. Access to or use of this Website after any changes, supplements or amendments have been posted shall constitute your acceptance of this Agreement as amended. You may not change, supplement, or amend this Agreement in any manner.
4. Ownership and Permitted Uses of the Website
The Website (including any and all content, material, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Doris or its respective owners, as the case may be, and is protected by Canadian, U.S. and international copyright, trade-mark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
Doris hereby grants you a personal, limited, revocable, non-transferable, non-assignable and non-exclusive license to access, read and print the content of this Website for your personal, non-commercial, and not-for-profit use only. You may not modify any of the pages, nor remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reverse engineered, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Doris. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
5. Posted Information And Submissions
This Website may provide features that allow you to post messages and content, to interact with Doris and other users through a message board and to upload files, documents or other materials (collectively, the “Submissions”). When using any of the features of the Website which allow you to post, upload or make Submissions, it is a condition of your use of this Website that you agree not to:
(i) restrict or inhibit any other user from using and enjoying this Website, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of
(ii) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;
(iii) post or transmit any Submission that is (a) derogatory or harmful to our reputation or any of our respective officers, members, employees, representatives, licensors, service providers, suppliers, visitors or users in any way; (b) harmful to children in any manner, or (c) for the benefit of any third party;
(viii) download, archive, store, copy, reproduce, collect, compile, recompile, use, modify, adapt, translate or prepare any summaries, abstracts, derivative works or materials of the Website or any Website content, in whole or in part, including any photographs, product listings, product designs, descriptions, references, images, terms of purchase or sale, prices or other data or information obtained or derived from or through the Website (except that you may exercise the limited rights to access, view and print in accordance with the terms above); or
(ix) impersonate any person or entity or misrepresent your affiliation with any person or entity, whether actual or fictitious, including anyone from the Website, Doris or any Affiliates.
By posting or uploading Submissions to this Website, you grant Doris a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, fully transferable, assignable and sub-licensable (through multiple tiers), worldwide right and license to use, reproduce, store, adapt, translate, modify, make, have made or make derivative works from, transmit, distribute, publish, sell, offer for sale, import, publicly perform or display such Submissions for any purpose that Doris may choose in its sole discretion and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party. In addition, you hereby (i) agree to waive all moral rights in any Submission in favour of Doris; (ii) consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that Doris is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on this Website will be considered non-confidential. You will cooperate as fully as reasonably requested in the defense of any such actions; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
6. No Linking, Framing, Mirroring, Scraping or Data-Mining
Links to this Website without the express written permission of Doris are strictly prohibited. To request permission to link to the home page of the Website, please send an e-mail to firstname.lastname@example.org. Doris may in its discretion cancel and revoke any permission it may give to link to the home page of the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of this Website or any of its Content in any form and by any means is also strictly prohibited.
7. Trade-mark Information
DORIS®, SECRET®, SILKS®, THERAPYPLUS®, KUSHYFOOT® and other marks and logos appearing on the Website are registered and unregistered trade-marks, or trade names owned or licensed by Doris (collectively “Marks”). Other product and company names and logos appearing on the Website may be registered or unregistered trade-names or trade-marks of their respective owners. Any use of the trade-names, trade-marks, and logos displayed on the Website, or any word, term, name or symbol that is likely to cause confusion with respect to the user’s connection or association with Doris or its approval or sponsorship of the user’s products, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Website.
8. Unsolicited Comments
Doris hopes that you find the Website to be a valuable service and we welcome your feedback (send comments to email@example.com). However, Doris does not accept unsolicited ideas, including ideas for new advertising campaigns, new or improved products, services or technologies. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Unsolicited Comments”) to Doris.
If you do send Unsolicited Comments to Doris, Doris must have the right to use them. Therefore, you grant (or warrant that the owner of the Unsolicited Comments grants) to Doris and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, assignable, transferable, sub-licensable, right and license to copy, modify, publish, create derivative works from, distribute, publicly display and otherwise use the Unsolicited Comments or any ideas, concepts, know-how or techniques associated with the Unsolicited Comments for any purpose whatsoever. You also agree, represent and warrant that all moral rights in the Unsolicited Comments are waived in favour of Doris and its assigns.
9. Promotions and contests
From time to time Doris may offer special promotions on products offered through the Website. All such promotions are subject to specific terms and conditions. Doris may also make contests available to users of the Website and others. All contests are governed by this Agreement and any specific applicable contest rules which Doris may provide. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and any applicable contest rules which Doris may provide.
11. Other Websites
While this Website may contain links to third party websites, Doris is not responsible for the content of any linked websites. Doris provides these links only as a convenience and these linked websites are not under the control of Doris. Doris makes no representation or warranty regarding, and does not endorse, any linked websites, the information or any of the products or services appearing, available or described thereon. Links do not imply that Doris sponsors, endorses, is affiliated or associated with, or is legally authorized to use any content displayed in or accessible through the links. When you access such websites, you are doing so at your own risk and you should abide by the terms and conditions of use of the third party websites
12. Disclaimer And Liability Exclusion
Doris makes reasonable efforts to ensure that the general content it provides to the Website is accurate and reliable. HOWEVER, THIS WEBSITE AND ITS CONTENT ARE NOT TO BE CONSTRUED AS A FORM OF PROMOTION. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION ANY WARRANTY OF CONDITIONS, ANY WARRANTY OF INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, OR USEFULNESS OR THE WEBSITE CONTENT AND ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, OR THAT ARISES FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR TRADE PRACTICE, ALL OF WHICH ARE HEREBY DISCLAIMED BY DORIS AND ITS AFFILIATES AND SUPPLIERS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DORIS AND ITS AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE USE OF THE WEBSITE WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (D) THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND DORIS AND THE AFFILIATES AND SUPPLIERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE AND ACCESS TO THE WEBSITE AND THE WEBSITE CONTENT ARE AT YOUR OWN RISK AND DISCRETION.
DORIS AND ITS AFFILIATES AND SUPPLIERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND EXEMPLARY DAMAGES OR LOSSES, HOWSOEVER CAUSED, ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, OR RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, LINKS TO THIRD-PARTY WEBSITES, THIRD-PARTY CONTENT, PRODUCTS OR SERVICES, THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT UNDER ANY THEORY OF LIABILITY (WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING AND FUNDAMENTAL BREACH BY DORIS OR ANY PERSON FOR WHOM DORIS IS RESPONSIBLE EVEN IF DORIS, ITS AFFILIATES AND SUPPLIERS OR ANY OF ITS LAWFUL MANDATORIES OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
NO ADVICE, RESULTS, STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR ON BEHALF OF DORIS OR THROUGH THE WEBSITE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE WEBSITE.
You agree to indemnify, defend, and hold harmless Doris, its Affiliates and Suppliers (collectively, the "Indemnified Parties") from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, sustained, incurred or paid by the Indemnified Parties, resulting from any violation of these terms and conditions or any activity related to your use of the Website, the Submission or its posting of the Website by you or any other person accessing the Website on your behalf. You will assist and co-operate as fully as reasonable required by the Indemnified Parties in the defense of any such claim or demand.
No revocation, expiration or termination for any reason of any (or all) of the rights, licenses and/or privileges granted to you under this Agreement shall affect Doris’ right to payment, as and when due, of any amounts payable by you to Doris.
14. Contacting Doris
Doris would always like to hear from you. For general questions about our products, you may contact Doris by email, or postal mail as below:
Postal Mail: Doris Hosiery Mills Ltd., 3701 Jarry East, Montreal, Quebec, Canada H1Z 2G1
15. Termination of the Website and This Agreement
Doris may, at any time without notice of liability to you, and for any reason whatsoever: (a) change, suspend or terminate, temporarily or permanently, the Website or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Website, all without any notice or liability to you or any other person. If you breach any provision of this Agreement, we may prohibit you from using this Website.
16. Governing Law and Dispute Resolution
17. Entire Agreement
If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be interpreted as necessary to carry out the intent of the parties and the other provisions herein shall remain in full force and effect.
18. Other Matters
The provisions of this Agreement shall enure to the benefit of and be binding upon each of Doris and its Affiliates and Suppliers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives (and those of any person you represent).
You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Doris, which may be withheld in Doris’s sole discretion. Doris may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party.
You (on the one hand) and Doris and its Affiliates and Providers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Website.
Each of Doris’ service providers and licensors shall be third party beneficiaries to this Agreement, and shall be entitled to directly rely on and enforce any provisions of this Agreement which confer a benefit on or rights in favor of Doris. No other person or entity shall be a third party beneficiary to this Agreement.
All provisions of this Agreement that consist of or relate to notices, ownership of intellectual or other property, confidentiality obligations, representations, warranties, limitations of liability, disclaimers, indemnification, dispute resolution, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Website or any Website content, shall survive the revocation, expiration or termination, in whole or in part, of this Agreement, or any license hereunder or thereunder, however and whenever occurring.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.
Any rights not expressly granted by this Agreement are reserved to Doris.