WEBSITE TERMS AND CONDITIONS

This website www.TBSstores.com and its contents (“Website”) are the exclusive property of Red Apple Stores Inc. (“Red Apple Stores ” ®), having its head office at 6877 Goreway Drive, Suite 3, Mississauga ON, L4V 1L9. Your use of this Website is subject to the present Terms and Conditions (“Terms”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE.

1. Agreement

By visiting and/or using this Website or by consulting it, you acknowledge the applicability of the present Terms, which you undertake to respect and you undertake not to make any illegal use of this Website or any use which could prejudice in any way whatsoever Red Apple Stores, its directors, officers, subsidiaries, affiliates, or business partners and the directors, officers or business partners of any Red Apple Stores subsidiary or affiliate (collectively, the “Released Parties”). Red Apple Stores reserves the right to modify or revise the present Terms at any time without notice. By using this Website following any such modification or revision, you agree to be bound by such modification or revision. These Terms, including any documents referenced herein, constitute the entire agreement between Red Apple Stores and you pertaining to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Red Apple Stores with respect to this Website. Without limiting the generality of the foregoing, by accessing and using this Website, you (and your parent/legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) signify that you have read, fully understand and agree to be legally bound by these Terms and to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE.

2. Copyright © Ownership

This Website and all logos, texts, graphics, trade-marks, images are the property of (or used under license by) Red Apple Stores and are protected under the applicable intellectual property legislation and regulations world-wide, including Canada. The contents of this Website, (including namely all logos, texts, graphics, trade-marks, images, videos, soundtracks and any other element of this Website) cannot, in part or in whole, be copied, duplicated, printed, archived, re-edited, downloaded, displayed, sold, assigned, transferred, modified or otherwise diffused, on paper format or other format created or to be created, electronic or other, without Red Apple Stores’ prior written consent. However, you may view and print elements that are part of this Website but strictly for private, personal and non-commercial use and provided that such copy clearly display the copyright and trademark notices. Any rights not expressly granted to you in these Terms are expressly reserved by Red Apple Stores. For greater certainty, you agree that you will not take any action that is inconsistent with Red Apple Stores’ ownership of the Website and its content.

3. Trademarks

Without limiting the generality of the foregoing, the Red Apple Stores trademark and the figurative trademarks related to Red Apple Stores that are displayed on this Website are registered trademarks and are the exclusive property of Red Apple Stores, its subsidiaries, its affiliates, its members, its suppliers or its distributors and are protected under the applicable trademarks legislation and regulations world-wide, including Canada. The trademarks and figurative trademarks which are not the property or Red Apple Stores are the property of their respective owners.

4. Hyperlinks

We invite you to consult the hyperlinks in this Website, which allow you to access various pages of this Website or to websites owned by third parties.

The hyperlinks allowing access to websites owned by third parties are supplied for informative purposes only. Red Apple Stores does not have any control on these websites and is not responsible of their contents. The Released Parties decline any and all liability in relation with the contents or in relation with any representation or information contained in any and all websites owned by any third party and accessible by hyperlink. These third party websites may have their own privacy policies and terms and conditions that are not governed by these Terms. The Released Parties are not responsible for the privacy practices or the content of any website(s) owned and operated by any such subsidiaries, affiliates or third parties, so Red Apple Stores encourages you to carefully read and review the privacy policy and terms and conditions for each third party website you visit.

Unless indicated otherwise, the presence, on this Website, of one or many hyperlinks to access a website owned by a third party must under no circumstances be interpreted as an endorsement, by Red Apple Stores, of any representation or information contained on any such website or as a partnership or affiliation with the owner of any such website.

5. Correction of Errors

The products and articles displayed on this Website are products and articles that may be offered for sale in Canada by Red Apple Stores. Red Apple Stores uses its best efforts to provide an accurate description of the products or articles that may be offered for sale. Red Apple Stores does not guarantee the exactitude, completeness or reliability of these descriptions, including any indication related to the price of a product or of an article.

Red Apple Stores declines any liability for any and all inaccuracy, error or omission in the information contained on this Website in relation with the products and articles that may be offered for sale by Red Apple Stores, including their prices. Red Apple Stores reserves the right to make any changes at any time and without notice. The information related to these products and articles may be changed, replaced or deleted at any time and without notice by Red Apple Stores.

Red Apple Stores declines any liability for any inaccuracy, error or omission in relation with the tips, advice and projects contained on this Website or in relation with any delay in their transmission or delivery. Red Apple Stores declines any and all liability for any direct or indirect bodily or material injury which could result from work initiated and based on the directions contained on this Website or resulting directly or indirectly from the use of the information contained on this Website.

6. No Liability

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, Red Apple Stores DOES NOT GIVE ANY GUARANTEE OR WARRANTIES AND DOES NOT MAKE ANY DECLARATION OR REPRESENTATION ON THE ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, ALL INFORMATION ON THIS WEBSITE IS SUPPLIED WITHOUT ANY WARRANTY WHATSOEVER, NAMELY ANY IMPLICIT WARRANTY OF MERCHANTABLE QUALITY, OWNERSHIP, AND QUANTITIES OR AGAINST FORGERY.

Red Apple Stores SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY INJURY CAUSED TO THE USER OF THIS WEBSITE, TO HIS COMPUTER OR TO HIS DATA, OR FOR ANY OTHER INJURY, DIRECT OR INDIRECT, SUSTAINED IN DIRECT OR INDIRECT RELATION WITH THE USE OF THIS WEBSITE OR WITH THE IMPOSSIBILITY TO USE THIS WEBSITE AND AS SUCH, Red Apple Stores DECLINES ANY SUCH LIABILITY, INCLUDING ANY LIABILITY RELATED TO ANY DELAY OF EXECUTION OR OF TRANSMISSION. THE USE OF THIS WEBSITE IS MADE AT THE USER’S RISKS.

THE DOWNLOADING OF INFORMATION FROM THIS WEBSITE IS DONE AT YOUR OWN RISK. Red Apple Stores CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THIS WEBSITE OR INFORMATION CONTAINED ON THIS WEBSITE ARE COMPATIBLE WITH YOUR COMPUTER SYSTEMS OR THAT THIS WEBSITE OR INFORMATION CONTAINED ON THIS WEBSITE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR DISABLING DEVICES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR COMPUTER SYSTEM AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CONNECTIONS OF AND TO YOUR COMPUTER SYSTEM WHICH MAY BE NECESSARY AS A RESULT OF YOUR USE OF THE THIS WEBSITE.

THE TRANSMISSION OF DATA OR INFORMATION OVER THE INTERNET OR OTHER FORMS OF NETWORKS MAY NOT BE SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. THE RELEASEES DO NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY ELECTRONIC TRANSMISSIONS OVER THE INTERNET OR OTHERWISE WITHIN THE SITE, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF ELECTRONIC MESSAGES OF ANY KIND (INCLUDING THOSE WHICH MAY CONTAIN YOUR PERSONAL INFORMATION). IN NO EVENT WILL THE INFORMATION YOU PROVIDE ON OR THROUGH THE SITE BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS TO YOU ON OUR PART, OR RESULT IN ANY LIABILITY TO YOU ON OUR PART IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED BY US OR ACCESSED BY THIRD PARTIES WITHOUT YOUR CONSENT. WHILE EVERY EFFORT IS MADE TO ENSURE THAT ALL SOFTWARE PROVIDED ON THE SITE IS SUITABLE FOR USE ON A WIDE VARIETY OF COMPUTER SYSTEMS, YOU SHOULD TAKE REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES, AND ENSURE COMPATIBILITY OF THE SOFTWARE WITH YOUR SPECIFIC COMPUTER SYSTEM. YOU SHOULD ENSURE THAT YOU HAVE A COMPLETE AND CURRENT BACKUP OF THE INFORMATION CONTAINED ON YOUR COMPUTER SYSTEM PRIOR TO INSTALLING ANY SUCH SOFTWARE.

BY USING THE WEBSITE, YOU (AND YOUR PARENT OR LEGAL GUARDIAN ON YOUR BEHALF, IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGE OR EXPENSE ASSERTED BY ANY ENTITY RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, ITS CONTENT, AND/OR BREACH OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADE-MARK INFRINGEMENT OR ANY OTHER CAUSE OF ACTION.

7. Governing Law

These Terms and Conditions are governed by the laws of the Province of Ontario and the applicable laws of Canada and these laws apply to the use of this Website or the information contained on this Website by you, notwithstanding your domicile, residency or physical location. This Website or the information contained on this Website are intended for use only in jurisdictions where it may lawfully be offered for use.

8. Privacy

Without limiting the generality of these Terms, your use of the Website is also subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms. Please carefully review our Privacy Policy. By using the Website, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) signify that you have read, fully understand and agree to be legally bound by our Privacy Policy.

9. General

If any provision of these Terms is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms.

These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign your rights under these Terms to any other party without Red Apple Stores’ prior written consent, which consent may be withheld in our sole and absolute discretion.