Use Of This Site
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activity that occurs under your account because of you failing to keep this information secure and confidential. You agree to notify Kodiak Canvas immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Kodiak Canvas or any other user of or visitor to the Site due to someone else using your password or account because of you failing to keep your account information secure and confidential. You may not use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. Kodiak Canvas cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information, or cancel orders, if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
While Kodiak Canvas strives to provide accurate pricing information, pricing or typographical errors may occur. Kodiak Canvas cannot confirm the price of an item until after you place your order. If an item is listed at an incorrect price due to an error in pricing, Kodiak Canvas shall have the right, at Kodiak Canvas’s sole discretion, to refuse or cancel any orders placed for that item. If an item is mispriced, Kodiak Canvas may, at Kodiak Canvas's discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Kodiak Canvas attempts to be accurate in its product presentations. However, Kodiak Canvas does not guarantee product descriptions, product appearance as displayed in photographs, or other product information on this Site is accurate, complete, reliable, current, or error-free. If you find a product is not as it is described on this Site, your sole remedy is to return it per our Return Policy in unused, and undamaged condition.
Kodiak Canvas has made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, Kodiak Canvas cannot guarantee that your monitor's display of any color will be accurate.
Quantity Limits and Dealer Sales
Limited Product Warranty
Kodiak Canvas warrants that at the time of delivery the products sold through this Site shall be free from defects in materials and workmanship and shall conform to Kodiak Canvas’s product specifications. Claims for defects must be received by Kodiak Canvas within six months from Kodiak Canvas’s delivery of the product on which the claim is based. Kodiak Canvas’s obligation hereunder is limited to the replacement of defective products or credit to you for defective products returned to Kodiak Canvas per our Return Policy. Except for this warranty and except as required by applicable law, KODIAK CANVAS MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND KODIAK CANVAS EXPRESSLY EXCLUDES ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. To the extent that any warranty language on the product packaging differs from this paragraph, the product packaging shall control.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL KODIAK CANVAS OR ANY OF ITS AFFILIATES, ASSOCIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KODIAK CANVAS HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KODIAK CANVAS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID BY YOU TO KODIAK CANVAS (IF ANY) IN CONNECTION WITH YOUR USE OF THIS SITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
User Reviews, Feedback, Submissions
Links to Other Websites
This Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to this Site with or without our authorization, and we may block any links to or from this Site. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND OTHER ONLINE RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS AVAILABLE ON OR THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
You are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mailbombing" or "crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
Product names, trade names, trademarks, and service marks (collectively, the “Marks”) are the property of Kodiak Canvas, its affiliates or third-party entities/individuals (whether or not such Marks include TM or ®). Images on this Site (including without limitation images of people, products, and places) are either the property of, or used with permission by Kodiak Canvas. The use or misuse of the Marks or images, except as expressly authorized, is prohibited. Kodiak Canvas and its affiliates enforce their intellectual property rights to the fullest extent of the law.
Governing Law; Dispute Resolution