TERMS AND CONDITIONS OF USE OF DAVID CHAPMAN’S ICE CREAM LIMITED (“CHAPMAN’S”) WEB SITE

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS AND CONDITIONS OF USE”) OF THE CHAPMAN’S WEB SITE (THE “SITE”) CAREFULLY. BY USING THIS SITE YOU ARE AGREEING TO ACCEPT THE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE, DO NOT USE THIS SITE.

YOU SHOULD REVISIT THIS PAGE FROM TIME TO TIME AS YOUR USE OF THE SITE IS SUBJECT TO THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS OF USE POSTED ON THE SITE AT THE TIME OF SUCH USE.

YOUR RIGHT TO USE THIS SITE

Provided that you comply with the Terms and Conditions of Use, you have the right to use this Site to (a) view various materials, including all information, documents, and other content on the Site (collectively, the “Materials”), and (b) subject to any other requirements that CHAPMAN’S may specify, access services (“Services”) provided and products (“Products”) offered by CHAPMAN’S on this Site.

CHAPMAN’S reserves the right to restrict, suspend or terminate your access to all or part of the Site, or to require you to immediately destroy any Materials you have downloaded, printed or otherwise received from or through the Site, at any time for any reason, without prior notice or liability, and at CHAPMAN’S’s sole discretion.

CHAPMAN’S reserves the right to void and withhold any or all points or prizes gained by any person or group of persons and to void and withhold any points or prizes gained by any person or group of persons where We have reasonable grounds to believe that said person or group of persons is acting or has acted in an attempt to defraud or damage us or other users of this site.

CHAPMAN’S reserves the right to terminate your account at Our sole discretion, cancel all points and cancel all prize redemptions should you violate any of the following conditions

- A limit of 6 user accounts per civic address
- Use an invalid email address, email address not owned by you, or a temporary email address
- Ship to or attempt to ship to any address other than your own
- Attempt to circumvent site security
- Modify or tamper with game winnings or point values
- Use or submit malicious code, requests, or input to or from this website
- Your account is not accessed for a term of 12 months
- Perform any act on this website deemed unacceptable by CHAPMAN’S at Our sole discretion

OWNERSHIP OF MATERIALS ON THE SITE

The Materials on the Site are owned by CHAPMAN’S and its suppliers. They are copyrighted and protected by United States, Canadian and international intellectual property laws, treaties and conventions. You may not copy, adapt, modify, display, perform, transmit, frame, distribute, resell, commercially exploit or otherwise use the Materials, except as expressly permitted herein, without the prior written permission of the relevant rights holder(s). You also may not create a hyperlink directly to a page on the Site, other than the default, index or home page found at http://www.chapmans.ca without the prior written permission of CHAPMAN’S.

The trademarks of CHAPMAN’S and others used on the Site are the property of CHAPMAN’S or their respective owners. You may not use any trademark displayed on the Site without the written permission of CHAPMAN’S or the respective owner. Your use of the Site is conditioned on your abiding by all notices of copyright, trademark and other proprietary rights appearing in the Materials. You are forbidden from removing or altering any such notices in full or in part from Materials that you print or download.

COMMUNICATIONS FROM YOU TO THE SITE

Except as specified in our Privacy Policy, all information and other content you send to the Site (“Communications”) will be considered non-proprietary and non-confidential. CHAPMAN’S shall have no obligations of any kind to you respecting your Communications and will be free to use them on an unrestricted basis for any purposes. You are prohibited from sending CHAPMAN’S or any other user of the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other Communications that would violate any law or the rights of others under applicable law.

THIRD PARTIES

From time to time this Site may contain references and links to content, products, services or other offerings of third parties (“Third Parties”). Such references and links do not constitute or imply an endorsement or recommendation by CHAPMAN’S of any such Third Party and in no way should be interpreted as an acceptance of responsibility or liability for Third Parties.

APPLICABLE LAWS

This Site is operated and controlled by CHAPMAN’S from its offices and resides on servers located within Ontario, Canada, but can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing the Site you agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Site. You also agree to submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.

CHAPMAN’S does not warranty or make any representations that any or all Materials and Services provided on the Site, or any other materials or services referenced therein, are lawful in other jurisdictions or available for use in all jurisdictions. Accessing these Materials or Services from territories where they are illegal is prohibited. You agree that if you access the Site from another jurisdiction, you are responsible for compliance with local laws.

If any provision of the Terms and Conditions of Use is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions.

DISCLAIMER

EXCEPT AS OTHERWISE NOTED HEREIN, THE MATERIALS AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED “AS IS” BY CHAPMAN’S, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Applicable laws may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent permissible, any implied warranties or representations are limited to the fullest extent permitted by law. CHAPMAN’S makes no warranties, representations, or conditions of any kind regarding the sites, services, products, programmes or other offerings of Third Parties referenced on or accessible by means of the Site. CHAPMAN’S also takes no responsibility for viruses that may damage your computer system or data resulting from your access to or use of the Site.

Although reasonable efforts are used to ensure that the Site will be current and will contain no errors or inaccuracies, CHAPMAN’S does not warrant or represent the accuracy and completeness of the Materials on the Site. CHAPMAN’S may make changes to the Materials on the Site at any time without notice. The Materials on the Site may be out of date, and CHAPMAN’S makes no commitment to update the Materials. CHAPMAN’S does not guarantee that all Products referenced on the Site will be available at all times. Products available from CHAPMAN’S at any given time may not be exactly as shown or described, and CHAPMAN’S reserves the right to improve or change the design of any Product without assuming any obligation to modify or replace any Product previously manufactured. CHAPMAN’S reserves the right to limit quantities.

LIMITATION OF LIABILITIES

IN NO EVENT WILL CHAPMAN’S, OR ITS SUPPLIERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY THIRD PARTY SITES, OR THE MATERIALS, SERVICES, OR PRODUCTS CONTAINED OR PROVIDED THROUGH ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT CHAPMAN’S IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR SERVICES ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless CHAPMAN’S and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with your use of the Site, your viewing or downloading of Materials from the Site, your use of Services or acquisition of Products on the Site, or your Communications to the Site.