Introduction
Welcome to Canopyliving.com ("Site"). This Site is provided by Wal-Mart.com USA,
LLC (referred to throughout this Agreement as "Walmart.com") as a service to our
customers. Please review the following basic rules that govern your use of this
Site (the "Agreement"). Please note that your use of this Site constitutes your
unconditional agreement to follow and be bound by these Terms of Use. Although you
may "bookmark" a particular portion of this Site and thereby bypass this Agreement,
your use of this Site still binds you to these Terms of Use. Walmart.com reserves
the right to update or modify these Terms of Use at any time without prior notice
to you. For this reason, we encourage you to review these Terms of Use whenever
you use this Site.
Use of this Site
By accepting these Terms of Use through your use of the Site, you certify that you
are 18 years of age or older. If you are under the age of 18 but at least 13 years
of age you may use this Site only under the supervision of a parent or legal guardian
who agrees to be bound by these Terms of Use.
Walmart.com does not intentionally
collect personal information about children under the age of 13. Children under
the age of 13 may not use this Site other than for browsing, and parents or legal
guardians may not agree to these Terms of Use on their behalf. If you are a parent
or legal guardian agreeing to these Terms of Use for the benefit of a child between
the ages of 13 and 18, be advised that you are fully responsible for his or her
use of this Site, including all legal liability that he or she may incur. If you
do not agree to (or cannot comply with) any of these terms and conditions, do not
use this Site. All information provided must be truthful and accurate. Providing
any untruthful or inaccurate information may constitute a breach of these Terms
of Use.
All materials, including images, text, illustrations, designs, icons,
photographs, programs, music clips or downloads, video clips and written and other
materials that are part of this Site (collectively, the "Contents") are intended
solely for personal, non-commercial use. You may download or copy the Contents and
other downloadable materials displayed on the Site for your personal use only. No
right, title or interest in any downloaded materials or software is transferred
to you as a result of any such downloading or copying. You may not reproduce (except
as noted above), publish, transmit, distribute, display, modify, create derivative
works from, sell or participate in any sale of or exploit in any way, in whole or
in part, any of the Contents, the Site or any related software. All software used
on this Site is the property of Walmart.com or its suppliers and protected by U.S.
and international copyright laws. The Contents and software on this Site may be
used only as a shopping resource. Any other use, including the reproduction, modification,
distribution, transmission, republication, display, or performance, of the Contents
on this Site is strictly prohibited. WALMART.COM, CANOPY, and CANOPYLIVING.COM is
a trademark of Wal-Mart Stores, Inc..
Objectionable Material.
You understand that by using this Site or any services provided on the Site, you
may encounter Content that may be deemed by some to be offensive, indecent, or objectionable,
which Content may or may not be identified as such. You agree to use the Site and
any service at your sole risk and that Walmart.com and its affiliates shall have
no liability to you for Content that may be deemed offensive, indecent, or objectionable.
Site Security
Users are prohibited from violating or attempting to violate the security of the
Site, including, without limitation, (a) accessing data not intended for such user
or logging onto a server or an account which the user is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization; (c)
attempting to interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading, "flooding,"
"spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including
promotions and/or advertising of products or services; or (e) forging any TCP/IP
packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability.
Walmart.com will investigate occurrences that may involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting users who
are involved in such violations. You agree not to use any device, software or routine
to interfere or attempt to interfere with the proper working of this Site or any
activity being conducted on this Site. You agree, further, not to use or attempt
to use any engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search this Site other than the search engine and search agents available
from Walmart.com on this Site and other than generally available third party web
browsers (e.g., Netscape Navigator, Microsoft Explorer).
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must
cancel. We reserve the right, at our sole discretion, to refuse or cancel any order
for any reason. We may also require additional verifications or information before
accepting any order. We will contact you if all or any portion of your order is
canceled or if additional information is required to accept your order.
Pricing Information
While Walmart.com strives to provide accurate product and pricing information, pricing
or typographical errors may occur. Walmart.com cannot confirm the price of an item
until after you order. In the event that an item is listed at an incorrect price
or with incorrect information due to an error in pricing or product information,
Walmart.com shall have the right, at our sole discretion, to refuse or cancel any
orders placed for that item.
In the event that an item is mispriced, Walmart.com
may, at our discretion, either contact you for instructions or cancel your order
and notify you of such cancellation.
We strive to provide you with the lowest
prices possible on Walmart.com as well as in our stores. However, sometimes a price
online does not match the price in a store. In our effort to be the lowest price
provider in your particular geographic region, store pricing will sometimes differ
from online prices. Our stores do not honor Internet pricing or competitor advertisements
from outside of a store's local trade territory.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or
other intellectual property owned, controlled or licensed by Wal-Mart Stores, Inc.,
one of its affiliates or by third parties who have licensed their materials to Walmart.com
and are protected by U.S. and international copyright laws. The compilation (meaning
the collection, arrangement, and assembly) of all Contents on this Site is the exclusive
property of Walmart.com and is also protected by U.S. and international copyright
laws.
Walmart.com and its suppliers and licensors expressly reserve all intellectual
property rights in all text, programs, products, processes, technology, content
and other materials which appear on this Site. Access to this Site does not confer
and shall not be considered as conferring upon anyone any license under any of Walmart.com's
or any third party's intellectual property rights.
The Walmart.com names and logos
and all related product and service names, design marks and slogans are the trademarks
or service marks of Wal-Mart Stores, Inc. All other marks are the property of their
respective companies.
No trademark or service mark license is granted in connection
with the materials contained on this Site. Access to this Site does not authorize
anyone to use any name, logo or mark in any manner.
References on this Site to
any names, marks, products or services of third parties or hypertext links to third
party sites or information are provided solely as a convenience to you and do not
in any way constitute or imply Walmart.com's endorsement, sponsorship or recommendation
of the third party, information, product or service. Walmart.com is not responsible
for the content of any third party sites and does not make any representations regarding
the content or accuracy of material on such sites. If you decide to link to any
such third party web sites, you do so entirely at your own risk.
Colors
We have made every effort to display the colors of our products that appear on the
Site as accurately as possible. However, as the actual colors you see will depend
on your monitor, we cannot guarantee that your monitor's display of any color will
be accurate.
Indemnification
You agree to defend, indemnify and hold harmless Walmart.com and its affiliates from
and against any and all claims, damages, costs and expenses, including attorneys'
fees, arising from or related to your use of the Site.
Termination
These Terms of Use are effective unless and until terminated by either you or Walmart.com.
You may terminate this Agreement at any time, provided that you discontinue any
further use of this Site. Walmart.com also may terminate this Agreement at any time
and may do so immediately without notice, and accordingly deny you access to the
Site, if in Walmart.com's sole discretion you fail to comply with any term or provision
of this Agreement. Upon any termination of the Agreement by either you or Walmart.com,
you must promptly destroy all materials downloaded or otherwise obtained from this
Site, as well as all copies of such materials, whether made under the Terms of Use
or otherwise. Walmart.com's right to any Comments shall survive any termination
of this Agreement.
Disclaimer
THIS SITE IS PROVIDED BY WALMART.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WALMART.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WALMART.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING
THE FOREGOING, WALMART.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WALMART.COM
WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT
APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER
CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY
TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT,
STRICT LIABILITY OR OTHERWISE, SHALL WALMART.COM OR ANY OF ITS AFFILIATES, EMPLOYEES,
DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES
OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE
THE WALMART.COM WEB SITE, 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 AN AUTHORIZED REPRESENTATIVE OF WALMART.COM HAS
BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL WALMART.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID
BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING
THE DATE ON WHICH THE CLAIM AROSE.
General
This Agreement represents the complete agreement between the parties and supersedes
all prior agreements and representations between them. Headings used in these Terms
of Use are for reference purposes only and in no way define or limit the scope of
the section. If any provision of this Agreement is held to be unenforceable for
any reason, such provision shall be reformed only to the extent necessary to make
it enforceable and the other terms of this Agreement shall remain in full force
and effect. The failure of Walmart.com to act with respect to a breach of this Agreement
by you or others does not constitute a waiver and shall not limit Walmart.com's
rights with respect to such breach or any subsequent breaches. This Agreement shall
be governed by and construed under California law without regard to conflicts of
law provisions. Any action or proceeding arising out of or related to this Agreement
or your use of this Site must be brought in the state or federal courts of California
and you consent to the exclusive personal jurisdiction of such courts.
DMCA Notice
Procedure for Making and Responding to Claims of Copyright Infringement It is the
policy of Wal-Mart.com USA, LLC to respond to claims of copyright infringement.
We will promptly process and investigate notices of alleged infringement by third
parties and will take appropriate actions under the Digital Millennium Copyright
Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties
should be sent to Walmart.com's Designated Agent. If you believe that your copyrighted
work has been infringed under U.S. copyright law and is accessible on this Site,
please notify us by contacting our Designated Agent. Even if you believe that the
alleged infringing work was not posted by a third party, please send all notifications
of claimed copyright infringement to Walmart.com's Designated Agent listed below.
To be effective under the DMCA, notification of claims of copyright infringement
by third parties must be a written communication to Walmart.com's Designated Agent
that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
- Identification of the material 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 Walmart.com to locate the material;
- Information reasonably sufficient to permit Walmart.com to contact the complaining
party, such as an address, telephone number, and, if available, an electronic mail
address at which the complaining party may be contacted;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Walmart.com's Designated Agent for notice of claims of copyright infringement can
be reached as follows:
By mail:
Debbie Hughes
Wal-Mart Stores, Inc.
702 S.W. 8th Street
Bentonville, Arkansas 72716-0520
By e-mail:
dmca@walmart.com
This contact information is only for reporting claims of
copyright infringement. Contact information for other matters is provided elsewhere
on this Site.
Upon receipt of a valid notification of alleged copyright infringement
by a third party, Walmart.com shall remove or disable access to the material identified
in the notice, forward the written notification to the alleged infringer, and take
reasonable efforts to notify the alleged infringer that it has removed or disabled
access to this material.
You should be aware that, under the DMCA, claimants who
make misrepresentations concerning copyright infringement may be liable for shall
be liable for any damages, including costs and attorneys' fees, incurred by the
alleged infringer or by Walmart.com, if injured by relying upon such misrepresentation
in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against you, you may file a
counter notification with the Designated Agent at the address listed above.
To be effective, a counter notification must be a written communication provided
to the Walmart.com's Designated Agent that includes the following:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been
disabled and the location at which the material appeared before it was removed or
access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the
material was removed or disabled as a result of mistake or misidentification of
the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the
jurisdiction of Federal District Court for the judicial district in which the address
is located and that you will accept service of process from the complainant who
provided the original notification or an agent of such person or entity.
- If Walmart.com receives a valid counter notification, it shall provide the complainant
with a copy of the counter notification, inform the complainant that it will replace
the removed material or cease disabling access to it in 10 to 14 days from receipt
of the counter notification, and replace the removed material or cease disabling
access to it in 10 to 14 business days, provided that Wal-Mart.com has not received
notice from the complainant that an action has been filed seeking a court order
to restrain the alleged infringer from engaging in infringing activity relating
to the material on Walmart.com's system.
You should be aware that the DMCA provides substantial penalties for a false counter
notice filed in response to a notice of copyright infringement.
Claimants who make
misrepresentations in their the counter notification statement may be liable for
shall be liable for any damages, including costs and attorneys' fees, incurred by
any copyright owner or copyright owner's authorized licensee, or by Wal-Mart.com,
if injured by relying upon such misrepresentation in replacing the removed material
or ceasing to disable access to it.
Changes to the Terms of Use
The Terms of Use was last updated on February 29, 2008. Please check our Terms of
Use periodically for changes.