Welcome to Burlington Lifestyle.
Please carefully read these Terms of Service.
In these Terms of Service, “Burlington Lifestyle” or “we” means Burlington Lifestyle. and its respective affiliates, related companies, unaffiliated partners and/or licensors.
You understand that before accessing a Service, it is your responsibility to take protective measures to guard against computer viruses and other destructive elements, such as through the use of industry standard and updated virus scanning tools, and to ensure that you have a complete, current and secure back-up of information and software on your computer or other devices that you may use to access the Services.
Burlington Lifestyle is not responsible for any additional charges that you may incur for using a Service, such as data or other telecommunication or Internet or wireless service provider fees.
Access to certain Services may be restricted to simultaneous access on four or fewer devices at one time. Burlington Lifestyle reserves the right to force a log off out of your registration account in the event that it determines in its sole discretion that your registration account has been simultaneously logged into on more devices than permitted.
You expressly acknowledge and agree that Burlington Lifestyle provides the Services to you in reliance on these Terms of Service.
The Services and Content (as defined below) may contain materials that are not suitable for minors. You acknowledge that you are fully responsible for the conduct and use of the Services and Content by minors in your care and control whom you have authorized to access and use the Services and Content.
There are different types of users of the Services.
Anonymous Users have limits on their access and interactions with the Services. Anonymous Users may not be able to view or access all elements of the Services.
Registered Users have created a registration account and have enhanced access to certain Services (such as commenting and newsletter delivery) but still have limits on their access and interactions with the Services.
Subscribers may have created a registration account and may pay fees for certain Services. Subscribers have access and privileges with respect to each Service they have subscribed to.
Visit http://burlingtonlifestyle.com/ to create your registration account. You consent to the collection and use of your personal information by Burlington Lifestyle for the purpose of creating your registration and/or subscription account, as applicable.
You must provide correct, current and complete information during the registration process. User information must be kept up to date. You may not pretend to be someone else or spoof their identity.
You will create a login and password to your account, which is unique to your account and must be kept confidential at all times. You may also be able to create an account by using a third party social media account, such as Twitter, Facebook or LinkedIn.
Each account is intended to apply to a single user. Should you choose to share your account with a family member, you will have to share your log in information with them and give them permission to view your account and information. You agree that you are responsible for all activities and transactions that occur through your account. You will promptly notify Burlington Lifestyle if you become aware of any unauthorized access or use of your account.
We may terminate or suspend your account at any time, without notice to you, if we believe your use of the Services breaches these Terms of Service, such as if your user information is incorrect, not current, or if your account is in arrears or has been breached.
Burlington Lifestyle reserves the right to reject a subscription order for a Service at any time.
(a) Subscription Agreement
Burlington Lifestyle reserves the right to charge fees for access to any Service.
You will not be charged a fee for a Service unless you subscribe to that Service. You must be of the age of majority in your jurisdiction of residence to subscribe to a Service.
The fees for Service (plus any applicable taxes or other additional charges, such as administration, transaction or access fees), accepted methods of payment and accepted frequencies of billing (such as one-time, monthly or annual) will be specified at the time of subscription. All fees, unless otherwise specified, are in Canadian dollars.
For periodic subscriptions to Services, you will be automatically billed (i.e. charged or debited) or invoiced on or around the periodic anniversary date of your subscription to the Service, and periodically thereafter in accordance with the billing cycle selected at the time of purchase. You will be automatically billed (i.e. charged or debited) at the time of purchase for one-time purchases.
You are responsible for providing and maintaining current, complete and accurate billing and delivery information. You must contact Burlington Lifestyle immediately with any changes to your billing or delivery information to avoid any interruptions to your Service.
Burlington Lifestyle reserves the right to levy an administration charge if your method of payment is invalid (e.g. an expired or otherwise invalid credit card). You will remain responsible for all fees and for all costs incurred by Burlington Lifestyle in connection with the unpaid fees, including but not limited to collection agency fees. You authorize us to obtain updated expiration dates if applicable and we reserve the right to charge the fee to the renewal credit cards.
By subscribing to a Service, you agree to pay the subscription fees specified at the time of purchase, using the method of payment chosen, and billed/charged at the frequency provided.
If you purchase a periodic subscription to a Service, your subscription will continue until it is cancelled.
(d) Modifications by You
You may be able to make certain changes to your Service, including but not limited to the frequency of billing, delivery dates, products, and other particulars of the Services that you have subscribed to. Refunds, reconciliations and charges will be applied in accordance with the terms specified in these Terms of Service or your applicable Subscriber Agreement at the sole discretion of Burlington Lifestyle.
(e) Modifications by Burlington Lifestyle
You will be given advance notice of any new fees, changes to current fees or other material changes to the Services by notification methods including but not limited to postal mail, email, or the posting of an advertisement or notice on a website or print publication of Burlington Lifestyle.
If you do not wish to accept the new fees, you may cancel your Service in accordance with these Terms of Service or an applicable Subscription Agreement.
If Burlington Lifestyle has made, in its sole determination, an error in fees for a Service, your sole remedy is to cancel the Service. Burlington Lifestyle is under no obligation to provide you with the Service at the erroneous fee.
(f) Cancellation and Refunds
One-time purchases cannot be cancelled or refunded. No refunds will be provided for amounts less than $5 CDN. Burlington Lifestyle reserves the right (but is under no obligation) to issue refunds or credits at our sole discretion.
If you cancel a monthly (or less) periodic subscription to a Service, it will only be effective at the end of the then current billing period. You will not receive a refund of fees for the current billing period. You will continue to receive and have access to the subscribed Services until the end of the current billing period.
If you cancel a periodic subscription to a Service that is longer than monthly (i.e. annual) the cancellation will be effective as of the date of cancellation. You will receive a prorated refund of fees paid for the Service to the date of cancellation. Your receipt and access to the subscribed Services will end as of the date of cancellation.
Burlington Lifestyle may from time to time at our discretion offer promotions such as discounts and trials to certain Services, or certain contests, sweepstakes or other promotions. The specific rules, regulations, terms and details of each promotion will be provided at the time of the offer. Your eligibility for a promotion and the applicability of any discounts is at the sole discretion of Burlington Lifestyle. Burlington Lifestyle may revoke, terminate, cancel, modify or deem a promotion inapplicable to you at any time.
The Services include literary, musical, dramatic and artistic works, including but not limited to computer programs, software, databases, text, information, data, code, sounds, sound effects, sound recordings, audio, musical compositions, performances, video, cinematographic works, photographs, pictures, illustrations and graphics (the “Content”).
All trade-marks (including, but not limited to, trade names, logos, word and design marks) that appear in the Services are the trade-marks or registered trade-marks of Burlington Lifestyle or of their respective owners and are protected from reproduction, dilution and confusing or misleading uses. The use of any trade-mark appearing on any of the Services without the express written consent of the trade-mark owner is strictly prohibited.
Users may submit articles, letters to the editor, photos, videos, discussion forums, comments and other items to the Services (“User-Generated Content”). You are solely responsible for your User-Generated Content. User-Generated Content must follow the principles outlined in our Guidelines. Burlington Lifestyle reserves the right to remove or refuse to post any User-Generated Content that we deem in our sole discretion to be unacceptable, undesirable or otherwise in violation of these Terms of Service.
You represent and warrant that you are the copyright owner of any User-Generated Content that you submit to Burlington Lifestyle and that you have the unimpaired right to convey all intellectual property rights in and to the User-Generated Content to Burlington Lifestyle. User-Generated Content must not be created using any pirated or unlicensed content, or other materials that include copyrighted or trade-marked material that Burlington Lifestyle would not be entitled to use without a further licences or payment to an intellectual property owner.
You hereby grant Burlington Lifestyle a perpetual, royalty-free, irrevocable worldwide, non-exclusive licence (but not the obligation) to publish, display, retain, archive, use, store, produce, reproduce, perform in public, broadcast and communicate to the public by telecommunication, the User-Generated Content, in any material form, in whole or in part, on any Service, and on any platform, such as in syndication, videos, and social media platforms such as blogs, Twitter feeds, Facebook posts, in connection with any product (whether in print, digital or any other form) created, owned or published by Burlington Lifestyle or any of its affiliates, now and in the future, and to sub-license such rights to any licensee of Burlington Lifestyle.
You hereby waive all moral rights in and to the User-Generated Content in favour of Burlington Lifestyle and acknowledge and understand that Burlington Lifestyle may edit, remove, modify or alter the User-Generated Content at its discretion and place the User-Generated Content on any Service and on any platform without your further consent and without attribution to you.
You hereby grant to Burlington Lifestyle the perpetual, irrevocable right to use your user name, persona, image, likeness and photograph that you provide in connection with any submission of User-Generated Content, without any obligation or remuneration to you.
You are hereby granted a non-exclusive, limited, non-transferable licence to use, access and view the Content and Services, as permitted by your User type, for your personal, private and non-commercial use. Unless otherwise permitted by your Subscription Agreement, you may not use the Content or Services for any commercial purpose.
Content owned by Burlington Lifestyle may be used as permitted by the licensing options and tools associated with the Content, including uses such as email, printing, storage, posting, sharing, RSS feeds, linking and republishing.
You may print single copies of Content licensed to Burlington Lifestyle, but may not otherwise reproduce or use the Content. Licensed Content is identifiable by the credit line and lack of other licensing options or tools for the Content.
You agree to maintain all copyright and other proprietary notices provided on the Content, including but not limited to author name and licensor name for third-party licensed content.
All rights are otherwise reserved. You may not modify, sell, resell, make derivative works, create a database, create a media monitoring service, aggregate, deep link, republish, retransmit, distribute, transfer, communicate, broadcast or otherwise make the Services and Content available, including without limitation, by caching, scraping, harvesting, framing or similar means, without the prior written consent of Burlington Lifestyle and its licensors, as applicable.
No other uses of the Content and Services are permitted, unless otherwise permitted by law. For additional licensing options, please see the Contact Information section of the Terms of Service.
You agree not to use the Services and Content (including submitting any User-Generated Content) in any manner that violates the following restrictions:
Please report any Content, including User-Generated Content, that you believe violates these Terms of Service or the Guidelines at the email address provided under the Contact Information section.
(a) Content and Professional Information Content
The Content (including any facts, views, opinions, recommendations, description of or references to products, services and securities) is provided to you for general information, educational and entertainment purposes only. The Content is not necessarily reflective of the views or policies of Burlington Lifestyle, including the publisher, contributors, staff or advertisers.
Burlington Lifestyle does not endorse the quality, reliability, or accuracy of the Content. Information changes rapidly and some Content may be out of date, such as share price information or “real-time” quotes. The Content is not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of an entity or security by Burlington Lifestyle. You acknowledge that Burlington Lifestyle may invest or otherwise hold interests in entities which may be referenced in the Services or Content and that the views and opinions expressed on the Services and Content are not intended to constitute a description of securities bought, sold or held on behalf of Burlington Lifestyle nor any indication of an intent to buy, sell, or hold any security.
Burlington Lifestyle does not provide or guarantee, nor is the Content intended to be relied on by you or interpreted as financial, legal, tax, accounting, medical or other advice or recommendations regarding the suitability, profitability or potential value of any particular investment, security, information source, treatment plan, diagnosis, purchase, sale, product or course of action. You should use your own judgment in making use of any Content and are responsible for your own research and decisions. The Content does not replace consultations with professional advisors, such as qualified financial advisors, medical doctors, fitness trainers, real estate agents and lawyers. IT IS STRONGLY RECOMMENDED THAT YOU SEEK APPROPRIATE INDEPENDENT ADVICE FROM QUALIFIED PROFESSIONAL ADVISORS BEFORE MAKING ANY DECISIONS.
You agree that Burlington Lifestyle and its licensors are not liable to you, either directly or indirectly, for your reliance on or use of the Content, User-Generated Content, financial, accounting, legal, real estate, medical, health, fitness or any other professional advice or information provided in the Content or Services. You agree that all risk associated with your use of or reliance on the Content is with you.
(b) Third-Party Content, User-Generated Content, Links to Websites, Advertisements
The Services and Content contains third-party content, such as links to third-party websites, licensed third-party content, User Generated Content and advertisements. Your use or reliance on third-party content is solely at your own risk.
Third-party content is not under the control of Burlington Lifestyle. Third-party content is provided to you for general information purposes only. Burlington Lifestyle does not endorse third-party content.
Burlington Lifestyle is not responsible or liable for the content, accuracy, relevancy, legality or decency of material contained on third-party websites. Burlington Lifestyle will not be responsible or liable in any way for any loss or damage incurred by you in connection with your use or reliance on third-party content. Burlington Lifestyle is not liable for errors, omissions or delays in third-party Content.
You acknowledge and agree that any dealings you may have with a third-party found by you on the Services or Contents are solely between you and the third-party. Burlington Lifestyle assume no liability or responsibility whatsoever for anything related to the relationship between you and the third-party, including but not limited to transactions, correspondences, charges, representations, prices, or agreements.
You should direct any concerns you have regarding third-party content to the third-party.
The Services and Content may contain materials available for download, such as software applications, codes, data, files, images or other forms of Content.
Your use of downloaded materials may be governed by terms made available to you at the time of download. Any materials downloaded or otherwise obtained by you through your use of the Services and Content is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download and/or use of such material.
You agree that downloaded materials, unless otherwise specified, are licensed to you for your personal, non-commercial use. You may not modify, redistribute, decompile, reverse engineer, disassemble the downloaded material, and you must maintain all copyright or other proprietary notices.
Burlington Lifestyle and its licensors, to the maximum extent permitted by law, make no warranties regarding the downloaded materials and will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of or in connection with your use of or reliance on the downloaded materials, including the failure of the downloaded materials to meet your needs, standard, expectations or specifications.
(d) No Warranty
You expressly agree, that to the maximum extent permitted by applicable law, the Services and Content are provided on an “AS IS” and “AS AVAILABLE” basis and that your use of and reliance on the Services and Content will be at your sole risk.
Burlington Lifestyle makes no warranty that the Services and Content will be uninterrupted, available, timely, secure, error-free, accurate, reliable, complete, free from infection or viruses or destructive code, free from omissions and delays or that the Services and Contents will meet your requirements or expectations. You acknowledge the inherent hazards of electronic distribution and are aware that there may be delays, omissions, inaccuracies in the Services and Content, including without limitation, distribution by email, short message service, or otherwise.
Without limiting the generality of the foregoing, you expressly understand and agree that, to the maximum extent permitted by applicable law, Burlington Lifestyle does not make and hereby expressly disclaims all representations, warranties, terms, conditions, and endorsements of any kind, whether expressed or implied, as to any matter hereunder, including without limitation, warranties of title, non-infringement, title, accuracy, completeness, suitability, reliability, freedom from infection or viruses, merchantability, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from a course of dealing or usage of trade.
You expressly understand and agree that in no event will Burlington Lifestyle be responsible or liable to you or anyone else (jointly or severally) for any claim, loss or damage whatsoever, including without limitation any direct, indirect, incidental, exemplary, special, punitive or consequential damages or any damages for loss of profits, savings, revenue, goodwill, business interruption, loss of information or data or other intangible losses, arising from, or in any way connected with the Services or Content, including the performance, use of, access to, or the inability to use and access the same, regardless of whether Burlington Lifestyle had been advised of or could have foreseen the possibility of such claim, loss or damage.
The limitations of liability and disclaimers herein will apply regardless of the form of action, whether in contract, breach of warranty, civil liability, strict liability, tort (including negligence), or otherwise. Notwithstanding the foregoing, in no event will Burlington Lifestyle’s aggregate liability to you exceed the greater of (1) the amount paid to Burlington Lifestyle by you for your use of the Content and Services in the three (3) months immediately preceding the event giving rise to such claim, or (2) $50 CDN.
The Services and Content are provided to you through circumstances not under the control of Burlington Lifestyle. Without limiting the generality of the foregoing, Burlington Lifestyle will under no circumstances be held liable or responsible for any delay or failure in the performance of the Services and Content resulting directly or indirectly from acts of nature, or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, satellite failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions and orders of domestic or foreign courts or tribunals.
The Services and Content may at any time be temporarily unavailable, inaccessible or inoperable for any reason from time to time, including periodic maintenance, repairs and disruptions as described above. While Burlington Lifestyle will make every reasonable effort to minimize such downtimes, Burlington Lifestyle cannot guarantee 100% availability of the Service and Contents. If you are dissatisfied with the Services and Content for any reason, your sole remedy is to cancel your Services in accordance with these Terms of Service.
You acknowledge and agree that third-parties who supply third-party content to you in Services and Content have no liability to you whatsoever in respect to their third-party content and you agree to waive, to the fullest extent permitted by law, any right you may have to bring a legal claim against such third-parties for your use of their content on the Services or Content.
You agree to indemnify, defend and hold harmless Burlington Lifestyle and each of its respective officers, directors, affiliates, business partners, employees, agents, licensors and all third parties mentioned on the Services and Content from and against any and all claims, actions, losses or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: your breach of these Terms of Service or a Subscription Agreement if applicable; your access and use of the Services and Content; your use or reliance on the Services and Content; your publication, communication, distribution or transmission otherwise of the Services or Content; or your violation of any law or regulation. You will use your best efforts to cooperate with Burlington Lifestyle in the defense of any claim. Burlington Lifestyle reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Burlington Lifestyle provides Services at its sole discretion. Burlington Lifestyle may at any time revise, withdraw, discontinue, amend, suspend any or all of the Services, with or without notice to you as provided in these Terms of Service or your Subscription Agreement. Under no circumstances will Burlington Lifestyle be held responsible or liable for removing, disabling or restricting access to the availability of the Services.
Burlington Lifestyle reserves the right to terminate or otherwise suspend your registration account and/or subscription to any Services at any time for any reason whatsoever, including but not limited to for convenience, non-payment of Service fees, or for any other breach of these Terms of Service, a Subscription Agreement, or other guidelines, without notice to you.
You acknowledge that upon the termination or suspension of your registration and/or subscription account you will no longer have access to any User-Generated Content, files or data associated with your account and that Burlington Lifestyle has no obligation to retain any such data post-termination.
Any termination or suspension will be in addition and without prejudice to any rights or remedies as may be available to Burlington Lifestyle, including injunction and other equitable remedies. All disclaimers, limitation of liability and indemnity provisions of these Terms of Service will survive termination. The disclaimers and limitations of liability provided in these Terms of Service, and these form an essential basis of the bargain between you and Burlington Lifestyle and will survive and continue to apply in the case of fundamental breach or breaches, the failure of essential purpose of these terms, the failure of any exclusive remedy, or the termination of the relationship between you and Burlington Lifestyle
Burlington Lifestyle is located in Canada. If you are accessing the Services and Content outside Canada, you are responsible for using the Services and Content in accordance with the laws of your jurisdiction.
These Terms of Service will be interpreted in accordance with the laws of the Province of Ontario, Canada, without reference to its conflict of laws principles.
You agree that in the event of a dispute arising out of these Terms of Service, the laws of the Province of Ontario will apply. Any cause of action that you may have must be commenced within one (1) year after the claim or cause of action arises, except where prohibited by applicable law.
Except where prohibited by applicable law, any claim (including disputes, controversies, etc.) arising out of or relating to these Terms of Service or any applicable Subscription Agreement will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator, who will be a person legally trained, has experience in information technology and is independent of both parties, to be held in Toronto, Ontario, in English and governed by Ontario law subject to the most current version of the Arbitration Act 1991 (Ontario). Each claim will be arbitrated on an individual basis and will not be consolidated with the claim of any other party. You agree to waive any right you may have to commence or participate in any class action against Burlington Lifestyle. Notwithstanding the foregoing, Burlington Lifestyle reserves the right to purse the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
The failure of Burlington Lifestyle to insist upon or enforce the strict performance of any right or provision under these agreements will not constitute or be construed as a waiver of any right or provision.
Burlington Lifestyle welcomes feedback. Any feedback, suggestions, ideas or other information that you provide to Burlington Lifestyle regarding the performance, features, functionality or other aspects of Services and Content (“Feedback”) will be owned by Burlington Lifestyle and may be used by Burlington Lifestyle without restriction and without compensation to you. You understand that under no circumstances will your Feedback be subject to an obligation of confidentiality by Burlington Lifestyle, that you are providing Feedback without an expectation of compensation, that the Feedback is wholly original to you and that you waive any and all rights that you may have in the Feedback in favour of Burlington Lifestyle.
These Terms of Service replace all previous versions of the Terms of Service. Burlington Lifestyle may update or revise these Terms of Service at any time. Your continued use of a Service constitutes your acceptance of the Terms of Service. You may wish to print or otherwise save a copy of these Terms of Service for your reference. The parties have required that these Terms of Service and all related documents be drafted in English.
Effective Date: May 6, 2015