TERMS OF USE

By using the website located at www.jacob.ca (the "Site"), you are agreeing to the following Terms of Use. If you do not agree to these Terms of Use, do not use the Site.

OWNERSHIP
The Site is owned by Basco IP, L.P. and operated by Boutique Jacob Inc. ("JACOB"). Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the "Content") contained in this Site are proprietary to JACOB, JACOB affiliates and/or third-party licensors. The Content is protected by international copyright and trademark laws.

RESTRICTIONS ON USE
JACOB has created this Site for your personal use and informational purposes. Except as expressly set out in the Terms of Use, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, sell or otherwise transfer any Content without the express prior written consent of JACOB. You may print and download portions of the Content for your own non-commercial use provided you agree not to change or delete any copyright or proprietary notices contained in such Content. As a condition of your use of this Site you agree that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these Terms of Use.

AVAILABILITY AND PRICING OF MERCHANDISE
Merchandise displayed on this Site is available at selected JACOB stores while supplies last. Colour depiction of merchandise on this Site is bound by numerous parameters related to the functioning and the use you make of your computer. Colour and price of this merchandise may vary from merchandise available in Jacob stores. All prices are quoted in Canadian dollars and are valid in Canada only.

ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right at any time in our sole discretion and without prior notice to correct any errors, inaccuracies or omissions to the information on our Site.

THIRD PARTY LINKS
The Site may contain links to third party websites. Any such third party websites are not under JACOB’s control, and JACOB does not assume any responsibility or liability whatsoever for their contents. The links are provided for reference purposes only, and JACOB does not endorse the Content of any linked third party websites.

If you choose to link your website to this Site, the website from which you link must not:

Imply, either directly or indirectly, that JACOB is endorsing the Content (as defined above) of such website;
Use any Content of JACOB;
Contain Content that could be construed as offensive, controversial, or distasteful and should only contain Content that is appropriate for all age groups;
Disparage JACOB or its products in any way or otherwise negatively effect or harm the reputation and goodwill of JACOB;
Present false or misleading information about JACOB, or the goods or services of JACOB;
Represent, either directly or indirectly, that the owner and/or operator of such website has any relationship with JACOB;
Create a browser or border environment around your website material.

DISCLAIMER
This site is being provided on an as is basis and without warranties of any kind, either express or implied. JACOB disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. JACOB does not warrant that the functions on the site will be uninterrupted, error-free or free of viruses or other harmful components.

INDEMNIFICATION
You hereby indemnify, defend, and hold JACOB and its affiliates, officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use. You shall use your best efforts to cooperate with JACOB in the defence of any claim. JACOB reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY
JACOB shall not be liable for any indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the site or any content, even if JACOB has been advised of the possibility of such damages. JACOB shall only be liable for direct damages hereunder for an amount not to exceed $ 100 or, in the event that the direct damages relate to a purchase made through this site, the amount of such purchase. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Quebec and applicable federal Canadian law. Any legal action concerning these Terms of Use or this Site must be brought within three (3) years after the claim or cause of action arises and must be brought in the Province of Quebec.

MODIFICATIONS
JACOB reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of this Site following the posting of changes to these Terms of Use will mean you accept those changes.

If you have any questions or comments regarding this Site or JACOB please contact us by filling out the form in the Contact us section of the website.

JACOB, JACOB Connexion, JACOB Lingerie, JACOB Outlet, JOSEF, DANZ and other trademarks bound to JACOB are registered trademarks of Basco IP, L.P.

Last updated on August 6, 2009.