Terms of service
Welcome to the cocondistribution.com website (the "Site"). Cocon Distribution provides services to
you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In
addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules,
guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into
this Agreement by this reference. We reserve the right to change this Site and these terms and
conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES
YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE
READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision
of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable,
non-transferable and non-exclusive license to access and use the Site by displaying it on your internet
browser only for the purpose of learning about products and for the purpose of shopping for items
sold on the Site and not for any use on behalf of any third party, except as explicitly permitted by us in
advance. Any breach of this Agreement shall result in the immediate revocation of the license granted
in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease,
transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or
otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not
make any commercial use of any of the information provided on the Site or make any use of the Site
for the benefit of another business unless explicitly permitted by us in advance. We reserve the right
to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without
limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or
other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade
secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene,
indecent, pornographic, or could give rise to any civil or criminal liability under Canada or international
law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or
Content provided on this site is solely for informational purposes. It is your sole responsibility to
consult a licensed physician, pediatrician or qualified health care professional for advice, diagnosis,
and/or treatment of any health related condition. Submissions or opinions expressed on this Site are
that of the individual expressing such Submission or opinion and may not reflect our opinions.
We may assign you a password and account identification to enable you to access and use certain
portions of this Site. Each time you use a password or identification, you will be deemed to be
authorized to access and use the Site in a manner consistent with the terms and conditions of this
Agreement, and we have no obligation to investigate the authorization or source of any such access
or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF
THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED
TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY
AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND
TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL
OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for
protecting the security and confidentiality of the password and identification assigned to you. You shall
immediately notify us of any unauthorized use of your password or identification or any other breach
or threatened breach of this Site's security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or
post to the Site and/or provide us, including without limitation, ideas, know-how, techniques,
questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as
nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual,
irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease,
transmit, adapt, create derivative works from such Submissions by any means and in any form, and to
translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions
shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the
Site, you also grant us the right to use the name that you submit with any review, comment, or other
Content, if any, in connection with such review, comment, or other content. You represent and warrant
that you own or otherwise control all of the rights to the reviews, comments and other Content that
you post on this Site and that use of your reviews, comments, or other Content by us will not infringe
upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be
someone other than yourself or otherwise mislead us or third parties as to the origin of any
Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions
(including comments or reviews) for any reason.
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs
exclusively to Cocon Distribution, or its affiliates. The collection, arrangement, and assembly of all
Content on this Site (the "Compilation") belongs exclusively to Cocon Distribution or its affiliates. All
software used on this Site (the "Software") is the property of Cocon Distribution, its affiliates or its
Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and
international copyright laws. Cocondistribution.com, Cocon Distribution and other logos, slogans,
trade names or words are registered trademarks, trademarks or service marks of Cocon Distribution,
its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our
express written consent is strictly prohibited. You may not use our trademarks or service marks in
connection with any product or service in any way that is likely to cause confusion. You may not use
our trademarks or service marks in any manner that disparages or discredits us. You may not use any
of our trademarks or service marks in meta tags without prior explicit consent.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the
carrier pursuant to our standard terms of sale.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately
terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any
termination of this Agreement, you shall immediately cease all access to and use of the Site and we
shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and
account identification issued to you and deny your access to and use of this Site in whole or in part.
Any termination of this Agreement shall not affect the respective rights and obligations (including
without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than Canada. This Site may contain products or
references to products that are not available outside of Canada. Any such references do not imply
that such products will be made available outside Canada. If you access and use this Site outside
Canada you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE
SALE OF EACH PRODUCT ON THIS SITE, THE SITE, THE PRODUCTS OFFERED FOR SALE ON
THE SITE AND THE TRANSACTIONS CONDUCTED THROUGH THE SITE ARE PROVIDED BY
US ON AN "AS IS" BASIS.
WE MAKE 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 THE SITE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM
INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL
ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT
LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL
LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE
ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID
BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING
RISE TO OUR LIABILITY.
In the event a product is listed at an incorrect price or with incorrect information due to typographical
error or error in pricing or product information received from our suppliers, we shall have the right to
refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to
refuse or cancel any such orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase and your order is canceled,
we shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties.
You acknowledge that we are not responsible for the operation of or content located on or through any
We respect the intellectual property of others. If you believe that your work has been copied in a way
that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be
inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition
to any damages that we may be legally entitled to recover, together with reasonable expenses of any
form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including
without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply
any obligation to grant any similar, future or other waiver.
This site is created and controlled by Cocon Distribution in Montreal, QC, Canada. As such, the laws
of the Province of Quebec will govern these disclaimers, terms, and conditions, without giving effect to
any principles of conflicts of laws.
Any dispute relating in any way to your visit to the Site or to the products you purchase through the
Site shall be submitted to confidential arbitration in Quebec, except that to the extent you have in any
manner violated or threatened to violate our intellectual property rights, we may seek injunctive or
other appropriate relief in any provincial or federal court in the Province of Quebec. You hereby
consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with
respect to venue and jurisdiction in the state and federal courts of Quebec. Arbitration under these
Canadian Arbitration Association. The arbitrator's award shall be final and binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class action proceedings or otherwise. You agree
that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related
to or connected with the use of the Site or this Agreement must be filed within one (1) year after such
claim or cause of action arose or be forever banned.
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that
condition shall be deemed several and shall not affect the validity and enforceability of any remaining
Please send any questions or comments (including all inquiries unrelated to copyright infringement)
regarding the Site to:
Cocon Distribution (9417516 CANADA INC.)
238 Richelieu Street, J3B 6X8, Québec, Canada.