Terms and Conditions

This website (“site”) is owned and provided by COFO Design Inc. (“COFO” “we” “our” or “us”). Your use of this site is subject to the following terms and conditions. Your use of the sites constitutes your acceptance of these terms and conditions and your agreement to be bound by them. If you do not agree to these terms or if you do not agree with our Customer Satisfaction Policy at www.cofodesign.com/shipping-returns and/or the Privacy Policy posted on this site at www.cofodesign.com/privacy-policy, please do not use this site or any services offered by this site.

Please review the terms of use page often. We reserve the right to change these terms and conditions (the “Terms”) at any time without notice. We may modify these Terms, and the agreement they create, at any time, simply by updating this posting and without notice to you.  Please check back from time to time to ensure you are aware of any updates or changes to these terms.  The terms of use were last updated January 12, 2018.

General
You must be age of majority to use the site.  By using the site, you represent that: (a) you have read and agree to these Terms, the Customer Satisfaction Policy at www.cofodesign.com/shipping-returns related to your purchase of products through the site, and the Privacy Policy at www.cofodesign.com/privacy-policy; (b) you have the legal right and capacity to agree to these Terms; (c) you are solely responsible for your use of the site and any and all use of the site will be at your sole and absolute risk, and that we are not responsible for any damages as result of your use of or reliance on the site or goods or services obtained through it; (d) you will not use the site for any illegal or unauthorized purpose and you agree to comply with all applicable laws and regulations, including without limitation, privacy laws, intellectual property laws and anti-spam laws; (e) you agree that you will not interfere with or disrupt the site, attempt to decompile, reverse engineer, disassemble or otherwise hack the site or any of its features, or collect any information about or regarding any other users of the site. You will not otherwise attempt to derive the source code for the site or any related technology or any part thereof.

Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND ANYTHING OBTAINED THROUGH THE SITE IS AT YOUR SOLE RISK.  Without limiting the foregoing, everything on the site is provided to you “AS IS”, AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY AND/OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, SATISFACTORY QUALTIY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. ADDITIONALLY, WE DO NOT WARRANT THAT THE SITE OR THE SERVERS MAKING THE SITE AVAILABLE ARE VIRUS FREE.  This disclaimer is to the maximum extent permitted by law.  We do not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations and shall not be liable for any harm, loss or damage regarding the use or the result of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You agree to indemnify us and hold us harmless for any use or misuse of the site, or content provided by you.  By using the site, you acknowledge that you may encounter information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful, and assume all associated risks.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER COFO NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, SERVICE PROVIDERS OR AGENTS (COLLECTIVELY, THE “COFO PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) ITS CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SITE.  IN ADDITION, THE COFO PARTIES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. NO INFORMATION OR ADVICE GIVEN BY THE COFO PARTIES OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.  IF the SITE OR ANYTHING OBTAINED THROUGH THE SITE IS DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, or correction.  THE COFO PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKE THE SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE COFO PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE COFO PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COFO PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

Your use of the SITE, ANYTHING OBTAINED THROUGH THE SITE, is at your own discretion and risk and you are solely responsible for any damage to your  DEVICE’s OPERATING system, mobile device, or other device, or loss of data that results from such use.
  
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE COFO PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE COFO PARTIES BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENC), COMMON, CIVIL OR REGULATORY LAW (INCLUDING PRIVACY) OR OTHERWISE) FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE OR ANYTHING OBTAINED THROUGH THE SITE; (B) CONTENT ON THE SITE; (C) ANY USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COFO PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COFO PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE COFO PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COFO PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE TOTAL AMOUNT YOU PAID TO COFO IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COFO ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COFO PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COFO PARTIES.

COFO IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

All Rights Reserved
The copyright in this entire site is held by COFO. All material provided on this site is protected by copyright laws. Except as expressly provided herein, none of the material provided on this site may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form without our prior written permission. Individual visitors of this site are permitted to download or print one copy of material published on this site solely for their personal, non-commercial use, provided they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein.

We do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret laws.

The trademarks and logos (collectively referred to as “Trademarks”) displayed on this site are Trademarks of COFO and no trademark license either express or implied is granted by us to users of this site. You do not have any right to use any Trademark displayed on this site without our prior written permission.
Trademarks are one of our most valuable business assets. In the event of unauthorized use or misuse of its Trademarks, we may pursue legal remedies without delay.

Third Party Sites
As a convenience to you, the site may provide links to websites operated by others. We make no representations about websites accessed from this website which are not maintained, controlled or created by us and do not endorse any linked websites or the information appearing thereon. Links do not imply that we endorse, are affiliated with or associated with such linked websites.

Transactions
If you choose to make payment through our site, it will be through a third party. By making a payment, you are agreeing to that third party’s payment terms and you understand that we are not a party to the transaction.  

Contest and Sweepstakes
We may run contest of various types from time to time. Such promotions may be promoted or described on this site, or may include use of the site as part of the operation of the contest. All such contests are subject to the complete and official rules of the contest even if those rules are not found on this site, and are void where prohibited, taxed or regulated. Mention of such a contest on this site is not an offer to participate in the contest, and does not trigger any obligation to participate, or change the odds of winning in any way. See the official rules for a particular contest to find out if you are eligible to enter, and for other details regarding the contest.

Third Party Content and Input Disclaimer
We are not responsible for any of the content uploaded by users and we have no obligation to monitor or moderate this content.   This content is the sole responsibility of the user or entity that makes it available. Our site may include testimonials, blog postings or other input from third parties. These parties may be consumers, our customers, or others. We are unable to investigate and verify every opinion, comment or blog posting. The opinions, comments and/or recommendations made by such third parties are their own and do not necessarily represent our opinion or recommendations. 

Your posts
The site may allow you to upload, submit, send or receive information and content. Any communication or material other than your personal information submitted to this site, including by email and/or online submission, is considered to be non-confidential and nonproprietary. Such communication may include without limitation questions, comments, suggestions and ideas.

When you upload, submit, send or receive content on or through the site, you grant us a non-exclusive, royalty-free, transferable, sublicensable worldwide license to use, copy, host, store, reproduce, modify, create derivative works, communicate, publish, publicly display and distribute such content, and otherwise waive all rights, including copyrights and moral rights, in the information and content.  You will not get any compensation for this license. While the rights you grant in this content are for the purpose of operating, promoting and improving our site, products and services, and also to develop new sites and services, we shall be free to use such information and content for any purpose whatsoever without restriction, attributing you, or compensation.  

If you post information, content, including comments, feedback, etc., you understand they will be public.  It is possible for others to see, copy or use what you post to the site, and we have no control over such uses.  You acknowledge that you are responsible for addressing third party uses of your posts that you consider concerning.  You agree that you will not harass or abuse any other person in the course of using the site and you will not act in a way that is libelous, abusive, obscene, discriminatory or otherwise objectionable.

We are not obligated to publish any information or content on our site and can remove it in our sole discretion, with or without notice.

Copyright Claims
We prohibit the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. In particular, if you are a copyright owner or an agent thereof and believe that any content on this site infringes upon your copyrights, you may submit a notification to us by email to info@cofodesign.com, and include:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the site;
  3. identification of the material on the Site that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Jurisdiction, law and forum for disputes

We control and operate this site from our headquarters in Ontario, Canada. We in no way imply that the materials on the site are appropriate or available for use outside of Canada. If you use our site from locations outside of Canada, you are responsible for compliance with any applicable local laws.

These Terms, together with the privacy policy at www.cofodesign.com/privacy-policy and any other legal notices published by us regarding this website, shall constitute the entire agreement between you and us regarding the site.  This agreement is formed in the province of Ontario, Canada. These terms and agreement will be governed by, and interpreted in accordance with, the laws of the Province of Ontario and the federal laws of Canada without regard to their conflicts of laws provisions. Any dispute relating to these terms or agreement, including anything obtained through the site, shall be resolved in the Ontario Superior Court of Justice, sitting in Toronto Ontario, Canada, and you hereby irrevocably consent and attorn to the exclusive jurisdiction of that Court. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with the Services and/or this Agreement, will be resolved individually, without resort to any form of class action.

If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.

These terms control the relationship between us and you. They do not create any third party beneficiary rights.  

If it turns out that a particular term is not enforceable, this will not affect any other terms.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have, including such right to take action in the future.

To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only.

Service disruptions, etc.
There may be occasions when the site is interrupted, including, without limitation, for scheduled maintenance or upgrades, emergency repairs or due to failure of telecommunication links and/or equipment. We may change or discontinue the site in our sole discretion at any time. We may add or remove functionalities, or create new limits to our site at any time.

Questions and Feedback
Any feedback, questions, comments, requests for technical support, and other communications should be directed to customer service at: info@cofodesign.com.