Legal Stuff

Terms of Use

These Terms of Use apply to the sheerlygenius.com web site (the "Website").

ACCEPTANCE OF TERMS OF USE

BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS

Ownership of Website

All right, title and interest in the Website is owned by or licensed by Sheerly Genius Inc. ("Sheerly Genius") The materials provided on the Website including, without limitation, all content, site design, text, graphics, images are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials is strictly prohibited.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, or sell any information or services obtained from the Website without the express written consent of Sheerly Genius, which consent shall be at Sheerly Genius's sole discretion.

Modification of the Terms of Use

Sheerly Genius reserves the right to amend these Terms of Use at any time by posting the amended terms on the Website, which posting shall constitute notice to you. All amended terms shall be effective immediately upon such notice.

Disclaimer of Warranties

Your use of the Website and services available on or through the Website is at your own risk. The Website is provided on an "as is" and "as available" basis.

Sheerly Genius takes reasonable steps to protect information from unauthorized access, collection, use, disclosure, copying, modification or disposal in a manner commensurate with its sensitivity, value and criticality. However, Sheerly Genius, its affiliates, agents and licensors cannot and do not warrant that the Website will be uninterrupted, secure, error free, accurate, complete or current. Nor does Sheerly Genius make any warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained, through the Website.

Any material and/or data uploaded, downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. Sheerly Genius does not warrant or guarantee that such materials are free of viruses or other destructive code that may damage or infect your computer equipment or other property. You will be solely responsible for any damage to your computer system or loss of data that results from uploading and/or downloading such material and/or data.

Limitation of Liability

In no event shall Sheerly Genius be liable for any direct, indirect, punitive, incidental, special, consequential or any damages whatsoever, including, without limitation, damages for loss of use, data or profit, arising out of or in any way connected with the use or performance of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Sheerly Genius had been advised of the possibility of damages.

Some jurisdictions do not allow limitations of liability, so this limitation of liability may not apply to you.

Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to Sheerly Genius that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.

You agree not to upload or otherwise transmit through the Website any unlawful, harassing, false, misleading, libellous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature. You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website.

You agree not to upload or otherwise transmit to or through the Website any material that: (a) infringes on any rights of third parties; and/or (b) contains any virus or other harmful code that may change or disrupt the Website or any other user's equipment or software.

Links to Other Sites

The Website may contain links to other websites ("Linked Sites") operated by parties other than Sheerly Genius. Such Linked Sites are not under the control of Sheerly Genius and Sheerly Genius is not responsible for the contents of any Linked Site. Sheerly Genius is providing you with a link to the Linked Sites as a convenience and the inclusion of any such link does not imply endorsement by Sheerly Genius of the Linked Site or any association with its operators.

Notice

Any notices may be given to you by any means including, but not limited to: (a) email; (b) notices or messages posted on the Website; or (c) any other means by which you obtain notice thereof.

Indemnification

You agree to indemnify and hold Sheerly Genius, its subsidiaries, affiliates, directors, officers and employees, harmless from all claims, liabilities, damages, losses, including reasonable legal fees and expenses, due to or arising out of your use of the Website or your breach of these Terms of Use.

Termination

Either you or Sheerly Genius may terminate this relationship with or without cause at any time.

You agree that Sheerly Genius may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities.

Should you object to the Terms of Use or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue your use of the Website.

Sheerly Genius shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.

Applicable Law and Governing Law

You agree to comply with all applicable laws and regulations. These Terms of Use and all related transactions shall be governed by the laws of the Province of Ontario and the applicable laws of Canada. The parties hereby agree to the exclusive jurisdiction of the courts of the Province of Ontario and that all court proceedings and hearings will be in English.

Severability

In case any of the provisions of these Terms of Use shall for any reason be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and these Terms of Use shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

Benefit of the Agreement

These Terms of Use are binding upon and shall enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder without Sheerly Genius's prior written consent, which consent shall be at Sheerly Genius's sole discretion.

Effective Date

These Terms of Use are effective as of October 30, 2017. Sheerly Genius reserves the right to change these Terms of Use at any time by notifying you of the existence of new Terms. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Website, or by any other means by which you obtain notice thereof. Your continued use of the Website after such modifications will constitute your: (a) acknowledgment of the modified Terms of Use; and (b) agreement to abide and be bound by the modified Terms of Use.


Privacy Policy


INTRODUCTION

Sheerly Genius Inc. ("Company" or "We") respects your privacy and is committed to protecting it through our compliance with this policy.


This policy describes the personal information we may collect online at www.sheerlygenius.com ("Website" or "Site").  Please read this policy carefully to understand our policies and practices regarding your personal information and how we will treat it. By accessing or using the Website, you agree to this privacy policy. This policy may change from time to time (see #10 below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. 

1. INFORMATION WE COLLECT 


We collect several types of information from you in various ways when you interact with us, including information by which you may be personally identified, such as your name, postal address, telephone number, credit/debit card or other payment method information, date of birth, or e-mail address ("Personal Information") or information about your internet connection, the equipment you use to access our Website and usage details. We collect this information directly from you when you provide it to us, automatically as you navigate through the Website, or through third parties. Information collected automatically may include usage details, IP addresses and other information collected through cookies, web beacons, and other tracking technologies.

Information You Provide to Us: 

The information we collect may include, among other things: Information that you provide when establishing an account with us, filling in forms or placing an order on our Website; Information when you enter a contest or promotion sponsored by us and when you report a problem with our Website; Records and copies of your correspondence (including e-mail addresses), if you contact us; Your responses to surveys that we might ask you to complete for research purposes; Details of transactions when you make an online purchase from us; Information you may be required to provide regarding contact, billing, payment or other financial information before placing an order through our Website; Information regarding your participation in a rebate or warranty program offered by us or a third party; Your search queries on the Website; and Information that you provide when you communicate with any or our departments such as customer service, sales or technical services through the Site, telephone, mail or fax. In some instances, we may obtain other people’s names and email addresses that you may choose to provide as part of our "email a friend" feature.

You may also provide information to be published or displayed (hereinafter, "posted") on public areas of the Website or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we may limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Catalog Requests and Email Newsletter Subscriptions: Upon placing an order with us, you may begin receiving our email newsletter, unless you opt-out of receiving such communications. Furthermore, the welcome email will alert you if someone else has entered your email address into our email newsletter subscription list. In order to make our email newsletters more relevant and useful to you, our servers may receive a confirmation when you open an email message from us. 

Game Promotions: From time to time, we may run game promotions such as sweepstakes, contests or other promotions (collectively, "game promotions"). If you enter a game promotion, you will have the option to receive email or other communications from us and our affiliated partners. You may subsequently opt-out of the receipt of such email or communications by following the directions in the email or contacting that site. Your opt-out status will not affect your participation or chances to win in the game promotion. During the applicable game promotion period, however, you may nevertheless receive emails which we deem are related to the game promotion. 

Usage Details, IP Addresses, Cookies and Other Technologies:
As you navigate and interact with our Website,  we may automatically collect certain information about your equipment, browsing actions and patterns, including: (i) details of your visits, traffic data, location data, logs and other communication data and the resources that you access and use on the Website; and (ii) information about your computer, device, and internet connection, including your IP address, operating system and browser type. The information we collect is statistical data. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to estimate our audience size and usage patterns, store information about your preferences, allowing us to customize our Website according to your individual interests, speed up your searches, and recognize you when you return to our Website. The technologies we use for this automatic data collection may include:

  • Web Beacons: We (or service providers on our behalf) may collect information through the use of "Web Beacons" on pages of our Website and e-mails. Web Beacons are small electronic files (also referred to as clear gifs, pixel tags and single-pixel gifs), which may employ cookie technology that enable us to record data about visits to or transactions made on the Site. This information is sometimes known as "clickstream data." We may use this data to analyze trends and statistics to improve your online experience and our customer service. 
  • Cookies: A cookie is a small file placed on the hard drive of your computer or device. Through the use of cookies, we may also collect and analyze the IP address used to connect to the Internet; computer and connection information such as your browser type and version; operating system and platform; purchase history; confirmation when you open e-mail that we send you; and the URLs which lead you to and around the Site including the date and time. You can generally set your browser and device to reject cookies or to notify you when you are sent a cookie. However, if you reject cookies we may not be able to offer you personalized services, you may be unable to access certain areas of the Site, and we may be unable to accept any online orders from you.
  • When you use the Website or the content therein, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include advertisers, ad networks, and ad servers, analytics companies, your mobile device manufacturer, and your mobile service provider. These third parties may use tracking technologies to collect information about you when you use the Website. They may use this information to provide you with interest-based advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible provider directly.
  • We might also receive information about you from other sources and add it to our account information such as through co-branded or joint offerings with third parties.
  1. USE OF INFORMATION COLLECTED BY US
    We use information that we collect about you or that you provide to us, including any Personal Information to: present our Website and its contents to you; improve your experience on the Site; provide you with information, products or services and to communicate with you about informatiothat you request; fulfill any other purpose for which you provide it; provide you with notices about your account; carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; notify you about changes to our Website, or any products or services we offer or provide though it; allow you to participate in interactive features on our Website; or help us target specific offers to you; to help us develop and improve our Site, and to tailor our Site to your interests. We may also use such information in any other way we may describe when you provide the information or for any other purpose with your express consent.

    3. DISCLOSURE OF YOUR INFORMATION 
    We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. In addition, we may disclose Personal Information that we collect or you provide as described in this privacy policy: 

  • To Service Providers:
    We may employ other companies or individuals to provide certain services to, or on behalf of, us such as fulfilling orders, delivering shipments, sending postal mail or e-mail, analyzing customer lists and data, processing rebates transactions, providing warranty services, or performing marketing or consulting services. These third parties ("Service Providers") may be given access to your Personal Information needed to perform these services, but will not be permitted to use your Personal Information for any other purpose. 
  • To Credit Card Companies:
    If you place an order, the Personal Information you provide is transmitted to your credit card company to verify and authorize your purchase.
  • To Third Party Marketing Partners:
    From time to time we might establish a business relationship with other third parties whom we believe are trustworthy. In such cases we might license, exchange, share and/or cross-reference information, including your name, postal mailing address, telephone number or email address that will enable such third parties to contact you regarding products and services that may be of interest to you. 
  • To Shippers: We may share your information, such as your name, telephone number and shipping information, to third party shippers (such as UPS, FEDEX and the United States Postal Service) to deliver your product(s). There also may be instances in which we drop-ship orders directly to you from one of our manufacturers or suppliers. These drop-shippers are given your information, such as your name, email address, postal address, and telephone number, for the sole purpose of fulfilling your order.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us prior to when you provide the information.
  • With your consent.
  • To comply with any court order, law or legal process, including responding to any government or regulatory request.
  • To enforce or apply our terms and conditions and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
  • For any other reasons as required by applicable law.

Third Party Transaction-Level Data: If you visit the Site from a third-party website, the third-party website may be able to access select information from your individual transaction information. In order to track and credit your transaction the third-party website may give you a unique code, cookie or graphic which will uniquely identify you. This will only happen if you link directly from a third party website to the Site. Any transactions made at the Site while such a code is active will be reported back to the third party website. We will only report non-Personal Information to these websites such as the date of the transaction, the product(s) purchased and the amount spent. We will not report any information to these third party websites that will allow them to personally identify you. 

Links to Third Party Site: Our Site, sites we operate, and unaffiliated sites, display interest-based advertising and contain certain links to third party websites, such as our vendors’ websites and links to other websites intended to facilitate our customers’ shopping experience, such as Google Translate. We are not responsible or liable for the privacy practices or content found on these websites. We recommend that you check the privacy notice of each website you visit. Links to third party websites are provided solely for your convenience and any submission of data to such websites shall be at your sole risk. 

Catalog Requests: When you request a catalog from us, we may share your name and postal address with a third party fulfillment company for the purpose of sending you the requested catalog.  This information will not be used for any other purpose. 

Law Enforcement and Protection of Users: To the extent permitted by law, we will disclose Personal Information to government authorities or third parties pursuant to a legal request, subpoena or other legal process. We may also use or disclose your information as permitted by law to perform charge verifications, report or collect debts owed, fight fraud or protect our rights or property as well as those of our affiliates, customers, or its users. You should be aware that, following disclosure to any third party, your Personal Information may be accessible by others to the extent permitted or required by applicable law. 

4. CHILDREN AND PRIVACY 

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any Personal Information to or on the Website. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on the Website or through the App, on or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will work to delete that information. 

5. SECURITY

We employ 128-bit encryption technology in all areas of the Site which require you to provide your personal or account information, including those areas related to online ordering and order status. The Site utilizes industry-standard firewalls and Secure Sockets Layer (SSL) technology to allow for the encryption of potentially sensitive Personal Information, such as your name, address and credit card number. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. You should recognize, however, that no computer system is fully secure and that there are inherent risks associated with Internet transactions. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. To make sure you have the latest security features on your browser, you may want to download the most recent version of your favorite browser, which should have full SSL support. 

6. CORRECTIONS/INFORMATION; REMOVAL/OPT-OUT 

You may at any time access your Personal Information by emailing us at hello@sheerlygenius.com. If your name, e-mail or postal address, telephone number or other Personal Information changes, you may update, correct or omit the relevant information by contacting us at hello@sheerlygenius.com. In addition, if you no longer wish to receive communications from us you may opt-out by sending an email to hello@sheerlygenius.com or by clicking on the unsubscribe link within any marketing e-mail you receive from us. 

7. CONTACT INFORMATION

If you have any questions or concerns about this Privacy Policy, please contact us at hello@sheerlygenius.com.

8. BUSINESS TRANSFER

We may transfer or assign any customer information, including Personal Information, owned, under the control of, or received by the Company or its affiliates, in connection with a merger, divestiture, stock sale, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding. 

9. LIMITATIONS ON LIABILITY

IN NO EVENT WILL SHEERLY GENIUS INC. OR ITS PARENT, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, LICENSEES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR ITS PRODUCTS OR SERVICES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE). THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF SHEERLY GENIUS INC. OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. 

10. CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' Personal Information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the privacy policy. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting this privacy policy to check for any changes.

    Contact Us

    If you have any comments or questions please contact: hello@sheerlygenius.com