Terms and Conditions
Effective date: September 24, 2020
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of In the Now or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of In the Now, with copyright authorship for this collection by In the Now, and protected by international copyright laws.
In the Now ‘s trademarks and trade dress may not be used in connection with any product or service that is not In the Now’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits In the Now. All other trademarks not owned by In the Now that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by In the Now.
LICENSE AND SITE ACCESS
In the Now grants you a limited, revocable, license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of In the Now. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of In the Now. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of In the Now and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing In the Now’s name or trademarks without the express written consent of In the Now. Any unauthorized use terminates the permission or license granted by In the Now. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of In the Now so long as the link does not portray In the Now, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any In the Now logo or other proprietary graphic or trademark as part of the link without express written permission.
The Website may contain links to third party websites. Any such links shall not imply an endorsement of a product, service or third party. As well, third party websites may link to the Website. In the Now has no control over the content of third party websites. Therefore In the Now assumes no responsibility or liability for the material on any linked websites.
YOUR MEMBERSHIP ACCOUNT
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Website only with involvement of a parent or guardian. In the Now and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: 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. In the Now 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 In the Now and its associates 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 In the Now, Kelly Vass and its associates 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 of 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 In the Now or its associates for all claims resulting from content you supply. In the Now has the right but not the obligation to monitor and edit or remove any activity or content. In the Now takes no responsibility and assumes no liability for any content posted by you or any third party.
You agree to indemnify and save harmless In the Now and its directors and employees from and against all liabilities and responsibilities respecting the Website and the products and services provided through it.
RISK OF LOSS
The risk of loss and title for all items purchased from In the Now pass to you upon our delivery to the carrier.
In the Now and its associates attempt to be as accurate as possible. However, In the Now does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by In the Now itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY IN THE NOW ON AN “AS IS” AND “AS AVAILABLE” BASIS. IN THE NOW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN THE NOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE NOW DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM IN THE NOW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN THE NOW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
By visiting the Website, you agree that the laws of the province of the Province of Alberta, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and In the Now or its associates.
Any dispute relating in any way to your use of the Website or to products you purchase through In the Now shall be submitted to confidential arbitration in the City of Edmonton, in the Province of Alberta, except that, to the extent you have in any manner violated or threatened to violate In the Now’s intellectual property rights, In the Now may seek injunctive or other appropriate relief in any applicable jurisdiction, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Canadian Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to In the Now. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. 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.