TERMS OF SALE AND USE, DISCLAIMER AND PRIVACY POLICY

TERMS OF SALE AND USE, DISCLAIMER AND PRIVACY POLICY

 

WELCOME

Welcome to https://www.canvasback.com, the website for Canvasback Inc (“Website”). The Website is own and operated by Canvasback Inc, a Minnesota corporation (“Canvasback,” “we,” or “us”), and it is available for general information and marketing of Canvasback products. This agreement includes our Terms of Use, Privacy Policy, Disclaimers, Warranties, Limited Liability, and other conditions. Use of this Website is subject to the terms and conditions in this document (“Agreement”).

If you (“user” or “you”) continue to browse and use this Website, you agree to comply with, and be bound by, the terms of this Agreement.

 
SCOPE AND PURPOSE OF THIS AGREEMENT

This Agreement governs your use of the Website and any sale involving your purchasing of Canvasback products. Disagreement with any part of this Agreement prohibits you from using the Website. Canvasback reserves the right to modify these terms at any time. We recommend that you check for changes each time before you use the services and content of the Website. You are governed by this Agreement, including any changes, whether you have reviewed them or not, so please take the time to review.

TERMS OF SALE

All product sales from Canvasback are governed by the terms of sale on the Canvasback Website. Canvasback reserves the right to modify, refuse or terminate an order to anyone at any time without notice for any reason. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, at Canvasback's sole discretion, so you should review the terms of sale each time you make a purchase. You should refer to our FAQ's to learn more about applicable product warranties, our return policy, and shipping terms.

TERMS OF USE

By using this Website, you agree to the terms and conditions in this Agreement, and you agree to comply with and be bound by the terms of this Agreement. If you do not think the terms are reasonable, do not use this Website.

Any changes or modifications we make to this Agreement are effective immediately. Your continued use of this Website after we post revised Terms of Use, Privacy Policy, or Disclaimer constitutes your agreement to be bound by the revised terms. 

Intellectual Property Rights; Limited License

The Website and all material, including text, photographs, images, illustrations, graphics, sound recordings, video, and other material (collectively "Content"), are protected under applicable intellectual property and other laws of the United States and under international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

Use of Website 

You may view, download, retrieve, access, store and print documents and information available on this Website subject to the following conditions:

  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.These rights are not applicable to the design or layout of this Website.
  • The documents and information may not be modified or altered in any way.
  • You may not remove any copyright or other proprietary notices contained in the Content.
  • We reserve the right to revoke the authorization to view, download, retrieve, access, store, or print Content. You will immediately discontinue any use upon written notice from us.
  • The rights granted to you constitute a limited license and not a transfer of title.
  • You may not sell or resell Content.
  • You may not modify, reproduce, display, publicly perform, or otherwise use Content in any way not expressly authorized under this Agreement.
  • You may not use the Content on any other website or in any other networked computer environment for any purpose.
  • You may not copy or adapt the HTML or other code that is used to generate pages on the Website.
  • The pages and elements on this Website are owned by Canvasback, are protected by intellectual property laws, and are not licensed hereby. You may not copy or imitate, in whole or in part, the pages, elements or products shown on this Website.

Trademarks

Canvasback’s name, trademarks, service marks, brand names, and logos (collectively "Canvasback Marks") appearing on this Website are owned by us. You are not authorized to display or use the Canvasback Marks in any manner without express written permission from us. 

Removal of Content – Digital Millennium Copyright Act

Canvasback does not knowingly permit copyright infringing activities or infringement of intellectual property rights on this Website and will remove offending Content if properly notified that an infringement has occurred as follows: 

If you are a copyright owner or agent and believe that any Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing Canvasback the following information in writing:

  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on this Website (including the URL, title and item number if applicable, or other identifying characteristics);
  • your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner;
  • a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a written statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send your notification to Canvasback at [email protected]

Limited Warranty

Canvasback is proud to offer our customers a limited warranty on its product(s). Canvasback warrants that your product(s) will be free from manufacturer defects in materials and workmanship for 6 months from purchase. This warranty is nontransferable, and proof of purchase is required for all warranty claims. This warranty does not apply to Rescued Liners.

Examples of conditions that are NOT considered defects in materials or workmanship, and NOT covered by warranty are:

  • Fabric tearing or ripping by sharp or foreign objects;
  • Conditions arising from normal wear and tear;
  • Damage from tampering with any part of the product;
  • Damage from misuse or abuse of the product or component;
  • Damage from animal chewing;
  • Damage from laundering or dry-cleaning;
  • Fabric fading due to sunlight or age;
  • Fabric stains or zipper separation due to misuse; and
  • Other damage that is not the result of defects in materials or workmanship and not listed above.

Except for the limited warranty as provided above, all products are provided “as is” without warranty of any kind, either express or implied, including, and not limited to, the implied warranties of merchantability and fitness for a particular purpose. 

Limited Liability

In no event are Canvasback, its officers or employees liable for any incidental, indirect, special, consequential, punitive or special damages of any kind, or any other damages to person or property  whatsoever, including, without limitation, medical, lost wages, damages resulting from loss of profit, loss of contracts, loss of reputation, goodwill, data, information, income, anticipated savings or business relationships, whether or not Canvasback has been advised of the possibility of such damage, arising out of or in connection with the use of a Canvasback product or this website, except for personal injury or death of a person caused by the gross negligence of Canvasback or a defective product.

In any event, to the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability of Canvasback, its officers and employees for any and all claims, losses, costs or damages, including attorneys’ fees and costs shall not exceed the total amount of the product purchase price, if any.

Exceptions

Nothing in this Agreement notice limits or excludes liability for anything for which it would be unlawful for Canvasback, Inc to exclude.

 

PRIVACY POLICY

Canvasback values the privacy of its clients, visitors, and users; it collects information to help better serve them. It is Canvasback’s policy to only collect and store personal information that is knowingly provided.

This Privacy Policy explains our practices regarding the collection of information from this Website that can personally identify you or your organization, and the choices you can make about the way your information is collected and used. This Privacy Policy, including our privacy statement, does not apply to any information you may provide to us or that we may collect offline or through other means (for example, at a live event, via telephone, or through email or mail). 

Personal information collected through the Website

Canvasback collects and stores contact information, including email addresses, from individuals that is knowingly provided. We use personal information to contact individuals via email and mail to respond to initial inquiries, to provide additional resources that might be of interest, including detail and updates in the services we offer, upcoming events, new publications, or other resources. You may choose at any time not to provide personally identifiable information, although this may restrict our ability to provide requested services or information. To opt out of any mailings from Canvasback, email [email protected] with the request. 

Cookies

Canvasback may analyze and optimize your content and browsing experience through the use of cookies. A cookie is a piece of data stored on your hard drive to help us improve your access to our Website and to identify repeat visitors to our Website. For instance, when we use a cookie to identify you, you do not have to log in a password more than once. Cookies can also enable us to track and target your interests to enhance your experience on our Website. Usage of a cookie is not linked to any personally identifiable information on our Website.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience any interactive features of Canvasback’s services or web sites you visit.

Do Not Track

Do Not Track is a technology and policy proposal that enables users to opt out of tracking by websites. Your browser setting may allow you to automatically transmit a “do not track” signal to websites and online service you visit. There is no consensus among industry participants as to what “do not track” means in this context. Like many websites and online services, we do not alter our practices when we receive a “do not track” signal from a visitor’s browser. To find out more about “do not track,” please visit http://www.allaboutdnt.com.

Internet Traffic Data

Internet traffic data includes and is not limited to internet service provider information, collection of IP addresses, entry and exit pages, various operating systems, and other such information.  We collect no personally identifying information through this process. The information is used to help analyze user traffic related to various services available through Canvasback, Inc and to allow for a more customized and enjoyable user experience.

Personal Information

When you use this Website and access services, products and materials, Canvasback collects some information to make this possible.  This information is only collected if you personally provide it to Canvasback via e-mail, by phone, or otherwise through our Website by making a purchase or requesting service. We do not knowingly collect personal information from minors.

SSL Certificate

Our SSL Certificate authenticates our identity to visiting browsers and encrypts information for the server via Secure Sockets Layer (SSL) technology. Encryption is the process of scrambling data into an undecipherable format that can only be returned to a readable format with the proper decryption key. A certificate serves as an electronic "passport" that establishes an online entity’s credentials when doing business on the Web. When an Internet user attempts to send confidential information to a Web server, their browser will access the digital certificate of our server and establish a secure connection. Click on the key or padlock in the lower left-hand corner of your browser to view our authentication.

Security of Information-No Guarantees

Canvasback recognizes the importance of safeguarding the confidentiality of your personal information and employs reasonable measures designed to protect your information from unauthorized access, disclosure, and use. However, no data transmission over the Internet or other network is guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Website or services, we cannot and do not guarantee the security of any information you transmit on or through the Website or services, and you do so at your own risk.

Processing in the United States

Your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we process and store all information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. By using our Website or services, you agree that the collection, use, transfer, and disclosure of your personal Information and communications will be governed by the applicable laws in the United States.

Testimonials and Reviews

We love to hear from you! Canvasback may display your personal testimonial or customer review received via email or otherwise from you.  You give Canvasback specific consent to use the personal testimonial or review.  If you would like Canvasback to remove your testimonial or review at any time, please simply contact us at [email protected], and we will promptly do so.

Information Collection, Use, and Sharing

Collection of Personally Identifiable Information

Canvasback is the sole owner of the information collected on this Website. We only have access to personally identifiable information that you voluntarily give us via email or by other direct contact with you. Personally identifiable information may include your name, e-mail and mailing address, or telephone number. We do not sell or rent this information to any other individual or business entity and will use it only as is reasonably necessary to provide products, materials, or services to you.

We will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that it is necessary to: (a) conform to mandates of the law or comply with legal process served on Canvasback; (b) protect and defend the rights or property of Canvasback; and, (c) act under exigent circumstances to protect the personal safety of uses of canvasback.com or the public.

Your Access to and Control of Information

You may opt out of future contacts from us or request that we discontinue sending email and other communications at any time by clicking on link at bottom of the email or contacting us at [email protected].

Registration for Blog and Email List

You may complete a registration form to use this Website or portions of it and, as part of that process, be required to give certain information (such as name and email address). This information is used to contact you about the products or services on our Website in which you have expressed interest.

We may use a third party to manage our newsletter and other email lists. If we do, that third-party may use analytics to aggregate how many subscribers open a message or click the links inside. The third-party has its own privacy policy. You may unsubscribe from our newsletter by clicking on the unsubscribe link provided at the end of any email or newsletter.

Right to Remove or Reproduce any User-Generated Material

User-generated material” means any information, content, or any other media uploaded, posted, emailed, submitted, or otherwise communicated to Canvasback via any method at any page on www.canvasback.com or any other content communication or submission medium or forum.

By sharing any contribution or user-generated content (including any text, photographs, graphics, video, audio or any other type of media or content) with us directly or via www.canvasback.com, you grant us, free of charge, permission to use the material in any way we see fit (including the modification, reproduction, repurposing, marketing, or deletion of it). You hereby confirm that your contribution is your own original work, is not defamatory and does not infringe upon any laws of the state or country from which you are utilizing this Website, nor the laws of The United States of America, and that you have the full rights to accept this condition.

All content (including User-generated material and visitor-generated content) submitted either via email, comment forms, or any other page hosted at www.canvasback.com or its content aggregation systems becomes the property of Canvasback.

 

DISCLAIMERS

No business relationship 

The information shared on this Website is general. Using this Website does not establish a business relationship.  If you want specific advice, you must specifically engage the services of Canvasback under separate agreement. 

No professional advice

The information contained in or made available through our Website cannot replace or substitute for the services of trained professionals in any field and is not intended to provide specific technical advice. We make no representations or warranties concerning any action or application by any person who follows information offered or provided within or through our Website. Neither we nor our officers, associates, or employees are liable for any direct, indirect, consequential, special, punitive, or other damages that may result, including but not limited to economic loss, injury, illness, or death. You alone are responsible and accountable for your decisions, actions, and results in life. By your use of the Website, you agree not to attempt to hold us liable for any such decisions, actions, or results at any time, under any circumstance. 

Disclaimer of warranties

CANVASBACK, ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THIS WEBSITE "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

CANVASBACK AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THIS WEBSITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CANVASBACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

CANVASBACK DOES NOT WARRANT THAT THIS WEBSITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

Website Content: Quality, Accuracy and Use

How you use this Website and rely on information is up to you and at your own risk. This website and any associated documents, recordings or other opt-ins are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Information found at www.canvasback.com is not always up to date and cannot necessarily be relied upon.

Though we make a reasonable effort to maintain the resources of the Website, they will occasionally become out of date, be incorrect, erroneous, or otherwise inappropriate. By using this Website, you waive and forfeit all claims, past, present, and future, against the owners, officers, administrators, and other staff of Canvasback.

External links

We may include links that provide direct access to other internet resources, including websites to window manufacturers and other third-party links. We are not responsible for the contents or reliability of any those resources or website, and we do not—expressly or otherwise—endorse the views or content expressed within those websites. Canvasback has not investigated the claims made by any advertiser.

If you choose to access any of these third-party links, please note that they are not covered by Canvasback’s Privacy Policy. When you follow a link to another website, you are subject to the privacy policy of that website, if any.  

Canvasback is not responsible in any manner for damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other material on or available from linked websites. 

The actions and opinions of other users 

You must not use this Website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. Some content found on the pages of the Website and its subdirectories may be created by associates, or members of the public. The views expressed are theirs and unless specifically stated are not those of Canvasback. 

Viruses, damage, and availability 

Canvasback makes no warranty or claim that functions available on this Website will be uninterrupted or error free, that defects will be corrected, or that the server that makes the Website available, nor the content itself is or will be free of viruses, bugs, or other malicious code. You acknowledge and agree that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your requirements for the accuracy of data input and output, and for your own security and the device used by you to view any content from this Website. 

Governing Law

This Agreement is made in, and governed and construed by, the laws of the State of Minnesota, United States of America, without reference to conflict of laws. If you access this Website from locations outside Minnesota or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Minnesota and the United States of America, and you are solely responsible for compliance with your local laws. Access to the Website from locations where the Website’s contents may be unlawful is prohibited. 

Resolving Disputes

Except for requests for injunctive and other equitable relief, if we have a disagreement or dispute that we are unable to resolve between us, we both agree to continue to try to resolve our dispute in good faith. In this case, the person with the unresolved issue will provide the other a “Notice of Dispute.” This Notice of Dispute will include a statement that outlines the cause of the grievance.

Within 20 days of receipt of the Notice of Dispute, we will meet at a mutually agreed upon time and place, electronically or in person, to work, in good faith, to resolve the dispute. Additional meetings shall take place as necessary and as mutually agreed upon.

Except for requests for injunctive and other equitable relief, neither one of us can begin formal proceedings until we have concluded, in good faith, that a reasonable and mutually acceptable resolution is unlikely within 60 days after receipt of the Notice of Dispute.

If we are unable to resolve the dispute within a reasonable period not exceeding 60 days of receipt of Notice of Dispute, we will submit the dispute for non-binding mediation by a single mediator who is competent in the issues involved, using a center of mediation located in Minnesota, using their chosen rules and procedures in effect at the time of mediation—provided that the parties may, but are not required to, agree on another mediation service. The parties shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. The parties covenant that they will use commercially reasonable efforts in participating in the mediation. The mediator’s fees and expenses and the costs incidental to the mediation will be shared equally between the parties, provided that each party is responsible for their own attorneys’ fees, if any.

Entire Agreement

This Agreement and any click-through agreement to which you may be subject contain the entire understanding and agreement between Canvasback and you and supersede any and all prior communications, negotiations, and agreements, whether oral, written, or electronic, between us. 

Unenforceable Provisions

If any provision of this Agreement is found to be, unenforceable under the law, it doesn’t affect the rest of the Agreement, which stays in effect fully enforceable.

Updates

This Agreement is subject to change without notice. All changes and updates will be posted on this page. The last update is effective as of August 10, 2022.

Contact Us

If you have questions or believe that Canvasback has not adhered to this Agreement, contact Canvasback directly at [email protected],  We will use commercially reasonable efforts to promptly understand and resolve the issue.