terms and conditions of use

(updated December 30, 2008)

Thank you for visiting the comfortncareclothing.ca website (the “Site”).
Please read these Terms and Conditions of Use (the “Agreement”) carefully
before using the Site. By using the Site, you agree to comply with the
Agreement. If you do not agree to comply with the Agreement, you may not use
the Site. Comfortncareclothing.ca (”Comfort N Care Clothing”) and its
affiliates (collectively, “we”, “us”) reserve the right, at our sole
discretion, to modify the Agreement at any time, and such modifications
shall be effective immediately upon posting of the modified version on the
Site. You agree to review the Agreement periodically to be aware of such
modifications, and your continued use of the Site shall be deemed your
conclusive acceptance of the modified Agreement.

1. Proprietary Nature of Site and Content

The Site, and all text, information, images, audio, video and other material
(”Content”) posted on the Site, are protected by copyright, trade-mark, and
other intellectual property and proprietary rights laws, and are owned
and/or controlled by Comfort N Care Clothing and/or its affiliates,
licensors and related companies. All Content posted on this Site, remains
the valuable intellectual property of its owner(s), and is made available on
the Site solely for your own personal, non-commercial, lawful use. You agree
to abide by all copyright notices, information and restrictions contained in
or displayed with any Content.

2. No Rights Granted in Trade-Marks or Content

Nothing contained on the Site should be considered as granting you, by
implication, estoppels, or otherwise, any license or right to use any
trade-marks, logos, or other names, including, but not limited to, those
identifying Comfort N Care Clothing and/or its affiliates, licensors and
related companies, or their respective products and services displayed on
the Site, without the expressed written consent of the applicable rights
holder. You do not acquire any ownership rights in any Content, nor are you
granted any commercial, sale, resale, reproduction, licensing or
sub-licensing, distribution, publishing, broadcast, transmission,
performance or promotional use rights with respect to the Content.

3. Your Limited Rights with Respect to Content

You may only copy and store Content on your own computer for your personal,
non-commercial home use, and you may not copy, forward, modify, translate,
license or sublicense, distribute, publish, broadcast, transmit, perform,
display, sell or disseminate any Content to another recipient. You are
hereby advised that Comfort N Care Clothing, its affiliates and licensors
will aggressively enforce their intellectual property rights to the fullest
extent permitted by law.

4. Prohibited Use of the Site and Content

Your use of the Site and Content must comply with this Agreement, all
applicable laws and all applicable Comfort N Care Clothing policies. Without
limitation, you may not use the Site to directly or indirectly:
(a) invade another person’s privacy or collect, disclose or store
personal information about other persons (including telephone numbers,
street addresses, email addresses, last names, etc.);
(b) “stalk” or otherwise harass another person;
(c) harm minors;
(d) unlawfully promote or incite hatred; or
(e) impersonate any person or entity, including, but not limited to a
Comfort N Care Clothing official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or entity.

5. Uploaded Content

5.1 Grant of Rights. With respect to Content that you upload, post,
transmit, distribute or otherwise disseminate or make available on or
through the Site (your “Contributions”), you irrevocably grant us the
world-wide, perpetual, royalty-free, non-exclusive, sub-licensable and
transferable right and license (without obligation) to use, distribute,
reproduce, encode, modify, adapt, edit, display, exhibit, publish,
translate, publicly perform, communicate, publicly display your
Contributions, and to incorporate them into other works, in any format and
through any media channel, whether now known or hereafter invented,
including, without limitation, by way of the Site. Subject to the rights
expressly granted to us, you retain ownership of the copyright in your
Contributions.

5.2 Moral Rights Waiver. You irrevocably waive your so-called moral
rights with respect to your Contributions, in connection with our
exploitation of the rights granted to us in this Agreement.

5.3 Prohibited Content. You will not upload, post, transmit,
distribute, or otherwise disseminate or make available on or through the
Site any Content that:
(a) is copyrighted, protected by trade secret or otherwise subject to
third party proprietary or contractual rights, including privacy and
personality/publicity rights, unless you are the owner of such rights or
have written permission from their rightful owner to post the Content and to
grant us all of the rights granted herein;
(b) is obscene, profane, defamatory, libellous, slanderous,
fraudulent, deceptive, threatening, intimidating, pornographic, harassing,
abusive, hateful, racially or ethnically offensive, encourages or assists
conduct that would constitute a criminal offence, could result in civil
liability, or is otherwise objectionable, offensive, inappropriate or
unlawful;
(c) implies or suggests an endorsement by us;
(d) in the case of audio or video Content, is greater than ten (10)
minutes in duration;
(e) contains advertising, a solicitation of funds, or a
solicitation for goods or services; or
(f) otherwise violates this Agreement or any applicable municipal,
provincial, federal or international law, order or regulation.

5.4 Third Party Clearances. You represent and warrant that you own or
have secured all necessary licenses, rights, consents and permissions to
use, and to authorize us to use, any trade-marks, copyrighted material or
other intellectual property and/or proprietary material contained in your
Contributions, and that you have the written consent, release and/or
permission of every identifiable individual person appearing or referenced
in your Contributions to use his/her name and/or likeness.

5.5 Removal of Content. Comfort N Care Clothing has no obligation to,
and does not and cannot, monitor or review every item of Content that you
and other users make available through the Site, and Comfort N Care Clothing
is not responsible for any of this Content. However, Comfort N Care
Clothing reserves the right to investigate, monitor, delete and/or refuse to
transmit, move, remove, edit or refuse to post any material or information,
in whole or in part, without notice to you, that it deems in its absolute
discretion, unacceptable, undesirable or in violation of any law or this
Agreement.

5.6 Responsibility for Uploaded Content. You will be solely responsible
for any Content that you make available through the Site, and any liability
resulting from its use as contemplated in this Agreement. You will also be
liable for any costs, losses or damage resulting, directly or indirectly,
from your making any Content available on or through the Site.

5.7 Postings Non-Confidential. Any communications, comments, ideas or
concepts that you post to the Site will be treated as non-confidential and
non-proprietary. You agree that Comfort N Care Clothing and its affiliates
are free to use any ideas, concepts, know-how or techniques that you send us
for any purpose.

6. Third Party Content

6.1 Third Party Content. You acknowledge that, despite the prohibitions
above, Content posted on the Site by other end users, may contain
inaccurate, inappropriate, offensive or sexually explicit material, products
or services and links to other web sites. We do not have control over
Content provided by third parties, and assume no responsibility or liability
for it. Content you access or transmit using the Site is accessed and
transmitted at your own risk.

6.2 Third Party Web sites. Web sites accessed via links or other means
from the Site have, unless otherwise indicated, been independently developed
by third parties. The inclusion of any Content or links on the Site should
not be construed as an express nor an implied endorsement of any third party
products or services by us. We are not responsible for the Content or
opinions expressed on any linked web sites, and such web sites are in no way
investigated, monitored or checked by us.

7. Linking and Framing

Unless otherwise agreed in writing by us, you may only provide a hypertext
link to the Site on another web site, provided that (a) the appearance,
position and other aspects of the link may not be such as to damage or
dilute the goodwill associated with our names and trade-marks; (b) the
appearance, position and other aspects of the link may not create the false
appearance that an entity is associated with or sponsored by us; (c) the
link, when activated by a user, must display the Site full-screen and not
within a “frame” on the linked web site; and (d) we reserve the right to
revoke our consent to the link at any time in our sole discretion.

8. Security

You may be issued a unique user name and password to access portions of the
Site. You are solely responsible for protecting your user name and
password. We are not liable for any claims, losses, actions, damages, suits
or proceedings relating to the sharing of your user name and password with
others. You agree to notify Comfort N Care Clothing immediately after you
become aware of any unauthorized use of your user name and password, and to
take such reasonable steps as are necessary to prevent any reoccurrence of
such event.

9. Termination

This Agreement shall continue indefinitely until terminated by you or us
pursuant to the provisions hereof or in accordance with applicable law. We
may discontinue, or terminate your access to, the Site or any portion of the
Site, at any time without notice to you. Our discontinuance of the Site or
any portion of the Site may result in the removal or deletion of Content
made available by you. You are responsible for maintaining any required
backup copies of such Content. Comfort N Care Clothing will not be liable to
you with respect to its deletion of any Content.

10. Disclaimer of Warranties

The Site, and all content, material, information or postings found on or
accessed through the Site, are provided on an “as is” basis. Comfort N Care
Clothing, its affiliates, licensors and related companies, and each of their
respective Directors, Officers, Employees, Consultants and Agents expressly
disclaim any and all representations, warranties and conditions, express and
implied, including, without limitation, any and all representations and
warranties of title and non-infringement, and all implied warranties and
conditions of merchantable quality, fitness for any particular purpose,
suitability for any particular purpose, and any representations, warranties
or conditions arising from any course of dealing or usage of trade, with
respect to the Site or the content contained in or accessed through the
Site. Neither Comfort N Care Clothing, nor its affiliates, licensors and
related companies, and each of their respective Directors, Officers,
Employees, Consultants and Agents makes any representations or warranties as
to the accuracy, timeliness, reliability, truthfulness or completeness of
the Site or the content contained in or accessed through the Site,
including, but not limited to, the contents of any content, information,
material, or posting found on the Site (including, but not limited to, any
press releases or financial information), any services provided through the
Site, or any links to other sites made available on the Site or the content
contained on such site(s), or as to the continuous or error free use and
operation of the Site. Neither Comfort N Care Clothing nor its affiliates,
licensors and related companies, and each of their respective Directors,
Officers, Employees, Consultants or Agents makes any representations or
warranties that the Site or access to and use of the Site will be
uninterrupted, error free, or free from defects, viruses or other harmful
components. You expressly agree that use of the Site is at your sole risk.

11. Limitation of Liability

Under no circumstances, including, but not limited to, negligence, gross
negligence, negligent misrepresentation and fundamental breach shall Comfort
N Care Clothing or its affiliates, licensors and related companies, and each
of their respective Directors, Officers, Employees, Consultants and Agents
be liable for any direct, indirect, incidental, special or consequential
damages or any loss that results from your use of, or your inability to use,
any content, information, material, or postings on the Site, directly or
indirectly. These limitations apply regardless of whether the party liable
or allegedly liable was advised, had other reason to know, or in fact knew
of the possibility 0f such damages. You specifically acknowledge and agree
that neither Comfort N Care Clothing nor its affiliates, licensors and
related companies, nor each of their respective Directors, Officers,
Employees, Consultants and Agents shall be liable for any defamatory,
offensive or illegal conduct of any user, including you.

12. Indemnification

To the maximum extent permitted by applicable law, you will defend,
indemnify and hold harmless Comfort N Care Clothing, its affiliates,
licensors and related companies, and each of their respective directors,
officers, employees, consultants and agents from and against all claims,
liability, and expenses, including all legal fees and costs, arising out of:
(a) your breach of any provision of this Agreement; or (b) your use of the
Site, the Content contained in the Site and the placement or transmission of
any Content on the Site made by you or others using your user name and
password. Comfort N Care Clothing reserves the right, in its sole discretion
and at its own expense, to assume the exclusive defence and control of any
matter otherwise subject to indemnification by you. You will co-operate as
fully as reasonably required in the defence of any claim.

13. Privacy

Our collection, use and disclosure of personal information in connection
with the Site are governed by our Privacy Policy.

14. Remedies & Recourse

14.1 If you are dissatisfied with the Site or with this Agreement, your
sole and exclusive remedy is to discontinue using the Site.
14.2 Comfort N Care Clothing reserves the right to seek all remedies
available at law and in equity for violations of this Agreement, including
the right to block access from a particular IP address to the Site or any
part thereof.

15. Contact

To contact Comfort N Care Clothing in connection with this Agreement or the
Site, send an e-mail to christina@comfortncareclothing.ca or write to
Comfort N Care Clothing, 205 Lakewood Blvd., Winnipeg, MB R2J 2N2.

16. Other Important Terms

Any disputes arising hereunder shall be governed exclusively by the laws of
the province of Manitoba and the laws of Canada applicable therein, without
giving effect to their conflict of laws principles. You expressly consent to
the exclusive forum, jurisdiction, and venue of the courts of Manitoba
and/or the Federal Court of Canada in Manitoba, or any other judicial
district or jurisdiction as Comfort N Care Clothing may determine in any and
all actions, disputes, or controversies relating hereto. This Agreement and
any rules, policies, guidelines or other agreements posted on the Site by
Comfort N Care Clothing constitute the entire agreement between Comfort N
Care Clothing and you with respect to your use of the Site. No waiver by
either Comfort N Care Clothing or you of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or
default. If any provisions contained herein shall be determined to be void,
invalid, or otherwise enforceable by a court of competent jurisdiction, such
termination shall not affect the remaining provisions contained herein.

C 2008 Comfort N Care Clothing All rights reserved.