Terms & Conditions

WEBSITE TERMS OF USE

Welcome to the DianeKroe.com website (the "Website"). Please review the following terms of use that govern your use of the Website (the "Terms"). Please note that your use of the Website constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, please leave this Website immediately. Diane Kroe may revise these Terms from time to time, without prior notice, so you should visit this page periodically to review them.

Website Content and Orders Please understand that we have made every effort to display the products featured on our Website as accurately as possible. However, the colors we use, as well as the display and color capabilities of your particular computer monitor, will affect the colors you actually see on the screen. Diane Kroe is not responsible for the limitations of your monitor and cannot guarantee that your monitor's display of any color, texture, or detail of merchandise will be accurate. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. For example, in the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price. We apologize for any inconvenience this may cause you. We reserve the right, at our sole discretion, to limit the quantity of items purchased and to prohibit sales to dealers. The prices displayed on this Website are quoted in Canadian currency and as such are valid only in Canada. Prices are subject to change at any time.

This Website is expressly owned and operated by Diane Kroe. Unless otherwise noted, all content on this Website, such as text, graphics, logos, trademarks, service marks and trade names, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of Diane Kroe. This Website, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved.

This Website may contain links to other websites that are not under the control of Diane Kroe. Diane Kroe has no responsibility for the linked websites nor does it necessarily endorse them. Diane Kroe provides the links solely for the convenience and information of its Website users.

Diane Kroe provides the materials on this Website "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Diane Kroe expressly disclaims any duty to update or revise the materials on this Website. Diane Kroe may modify the materials at any time without notice. By your use of this Website, you assume all risk for your use of the Website and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website.

IN NO EVENT SHALL Diane Kroe OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE WEBSITE, EVEN IF Diane Kroe HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

These Terms shall be construed in accordance with the laws of the province of Ontario, Canada, without regard to any conflict of law provisions.

We welcome your comments and input about our Website and products. However, any comments, ideas, questions, feedback, notes, messages, suggestions or other communications (collectively "Comments") sent to our Website shall be and remain the exclusive property of Diane Kroe. If you submit any Comments to us, such submission shall constitute an assignment to Diane Kroe of all worldwide rights, titles and interests in all copyrights, patent rights, and other intellectual property rights in the Comments. Diane Kroe will be entitled to use, modify, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, you should not send us any Comments that you do not wish to assign to us, including without limitation any confidential information or any original creative materials such as product ideas, designs, inventions, computer code, stories or original artwork.