Terms and conditions

Welcome to www.signalsfromspace.ca (the “SignalsFromSpace.ca site”).

Signals From Space, provides website features and other products and services to you when you visit or shop at the SignalsFromSpace.ca site, use Signals From Space products or services, use Signals From Space applications for mobile, or use software provided by Signals From Space in connection with any of the foregoing (collectively, “SignalsFromSpace.ca Services”). Signals From Space provides the SignalsFromSpace.ca Services subject to the following conditions.

By using SignalsFromSpace.ca Services, you agree to these conditions. Please read them carefully.

Privacy

Please review our Privacy Notice, which also governs your use of the SignalsFromSpace.ca Services, to understand our practices.

Electronic Communications

When you use any SignalsFromSpace.ca Service, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the SignalsFromSpace.ca site or through other SignalsFromSpace.ca Services. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any SignalsFromSpace.ca Service–such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software–is the property of Signals From Space or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any SignalsFromSpace.ca Service is the exclusive property of Signals From Space and protected by Canadian and international copyright laws.

Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any SignalsFromSpace.ca Service are trademarks or trade dress of Signals From Space in the Canada and other countries. Signals From Space trademarks and trade dress may not be used in connection with any product or service that is not Signals From Space, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Signals From Space. All other trademarks not owned by Signals From Space that appear in any SignalsFromSpace.ca Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Signals From Space.

Licence and Access

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Signals From Space or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the SignalsFromSpace.ca Services. This licence does not include any resale or commercial use of any SignalsFromSpace.ca Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any SignalsFromSpace.ca Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Signals From Space or its licensors, suppliers, publishers, rightsholders, or other content providers. No SignalsFromSpace.ca Service, nor any part of any SignalsFromSpace.ca Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Signals From Space. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Signals From Space without express written consent. You may not use any meta tags or any other “hidden text” utilizing Signals From Space’s name or trademarks without the express written consent of Signals From Space. You may not misuse the SignalsFromSpace.ca Services. You may use the SignalsFromSpace.ca Services only as permitted by law. The licenses granted by Signals From Space terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account

You may need your own Signals From Space account to use certain SignalsFromSpace.ca Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Signals From Space does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under the age of majority in your province of residence, you may use the SignalsFromSpace.ca Services only with involvement of a parent or guardian. Signals From Space reserves the right to refuse service, terminate accounts, terminate your rights to use SignalsFromSpace.ca Services, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Signals From Space reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Signals From Space a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media for all purposes, including in advertising and promotions. You grant Signals From Space and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Signals From Space for all claims resulting from content you supply. Signals From Space has the right but not the obligation to monitor and edit or remove any activity or content. Signals From Space takes no responsibility and assumes no liability for any content posted by you or any third party.

Intellectual Property Complaints

Signals From Space respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us.

Risk of Loss

Risk of loss and title for items purchased from SignalsFromSpace.ca pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.

Returns, Refunds and Title

Signals From Space does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Signals From Space does not take title to the refunded item.

Product Descriptions

Signals From Space attempts to be as accurate as possible. However, Signals From Space does not warrant that product descriptions or other content of any SignalsFromSpace.ca Service is accurate, complete, reliable, current, or error-free. If a product offered by Signals From Space itself is not as described, your sole remedy is to return it in unused condition.

Pricing

With respect to items sold by Signals From Space, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Disclaimer of Warranties and Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE SIGNALSFROMSPACE.CA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SIGNALSFROMSPACE.CA SERVICES ARE PROVIDED BY SIGNALS FROM SPACE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SIGNALS FROM SPACE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SIGNALSFROMSPACE.CA SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SIGNALSFROMSPACE.CA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SIGNALSFROMSPACE.CA SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SIGNALS FROM SPACE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SIGNALS FROM SPACE DOES NOT WARRANT THAT THE SIGNALSFROMSPACE.CA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SIGNALSFROMSPACE.CA SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM SIGNALSFROMSPACE.CA SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIGNALS FROM SPACE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SIGNALSFROMSPACE.CA SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SIGNALSFROMSPACE.CA SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Applicable Law and Disputes

(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any SignalsFromSpace.ca Service, or to any products or services sold or distributed by Signals From Space or through SignalsFromSpace.ca Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Signals From Space: PO BOX 99900 AT 364 700, RPO SHEPPARD PLAZA, DOWNSVIEW ON, CANADA, M3H 0C3. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone or based on written submissions.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

(Not applicable to Quebec consumers) These Conditions of Use and any dispute of any sort that might arise between you and Signals From Space shall be governed by the laws of the Province of Ontario, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Toronto (Ontario).

For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and Signals From Space shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

Site Policies, Modification, and Severability

Please review our other policies, such as our privacy policy, posted on the SignalsFromSpace.ca site. These policies also govern your use of SignalsFromSpace.ca Services. We reserve the right to make changes to our site, policies,  and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

Signals From Space
PO BOX 99900 AT 364 700
RPO SHEPPARD PLAZA
DOWNSVIEW ON M3H 0C3

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