Last Updated: April 1, 2020
Your use of this website, article.com (“Site”), is governed by the following Terms (“Terms”), as updated from time to time. The current version of these Terms is indicated above. These Terms constitute a legally binding agreement between you and TradeMango Solutions Inc. (hereinafter referred to as “article.com”), the owner and operator of article.com.
Please review the mutual arbitration agreement set forth below carefully, as it will require you to resolve disputes with article.com on an individual basis through final and binding arbitration and waiving your right to a class action. By entering this agreement, you expressly acknowledge that you have read and understand all of the Terms of this mutual arbitration agreement and have taken the time to consider the consequences of this important decision. These Terms also contain releases, limitations on liability, and provisions on indemnity, all of which may limit your legal rights and remedies.
By using this Site, you agree to these Terms. Please read them carefully.
Note that we offer a wide range of products (“Products”) and services (“Services”), and sometimes additional Terms may apply, in which case you will be notified of such additional Terms.
We reserve the right to change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by posting a notice on our Site and/or updating the “Last Updated” date above. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended Terms, you must stop using our Site.
When visiting the Site, or when you send us emails, you are communicating with us electronically. By using the Site, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
article.com does not sell Products for children. Adults can purchase Products through the Site with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. Article.com reserves the right to refuse service and/or purchases, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
If you are a parent or guardian that provides consent to your minor’s registration with and use of the site, you agree to be bound by these terms in respect of such minor’s use of the site.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to anyone. We also reserve the right to disable any account, user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
The owner of the Site is based in Canada. Access to the Site may not be legal by certain persons or in certain countries, and our Products are only available for purchase and delivery in certain countries. When you access the Site, you do so on your own initiative and are responsible for compliance with local laws.
As further described throughout this Section, Article has intellectual property rights protected under worldwide patent, copyright, trademark, trade dress, and other laws, whether under statutory or common law.
Article is the sole owner or lawful licensee of all the rights and interests in and to the Site and any content contained therein, including without limitation designs, Product designs, photography, text, typography and software, whether currently registered or not. “Article.com”, “article.com”, “Article”, “Article.COM” and related icons and logos, as well as Product names, including without limitation certain related descriptions, images, text, and graphics, are registered trademarks or trademarks and/or service marks of Article and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks, and any marks that we may register in the future, is strictly prohibited.
You agree not to infringe any or all of the title, ownership and intellectual property rights of Article. You hereby agree to indemnify Article in the event of any breach of intellectual property rights by or through your use of the Site and any content contained therein (or other material as set forth above). All rights not otherwise claimed under these Terms or by Article are hereby reserved.
You agree to use the Site for your personal use only and shall in no event use any of the information, text, images, graphics, video clips, sound, directories, files, databases, listings etc. obtained on or through the Site for commercial purposes of any sort, nor for copying, reproducing, downloading, compiling whether directly, indirectly. Use of any content on the Site for purposes other than as permitted in these Terms is prohibited.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
Additionally, you agree not to:
You are responsible for maintaining the confidentiality of your account information and password on the Site. You are also responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Visitors may post reviews, comments, photos, and other content, send e-cards and other communications, and submit suggestions, ideas, comments, questions, or other information (collectively, “User-Generated Content”). You are solely responsible for your own User-Generated Content and the consequences of posting or publishing it to the Site. article.com does not endorse any User-Generated Content or any opinion or recommendation expressed therein.
By submitting User-Generated Content, you represent and warrant to article.com that: (i) your User-Generated Content is accurate, does not violate these Terms and will not cause injury to any person or entity, (ii) your User-Generated Content does not violate, misappropriate or infringe any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (iii) you own or have the legal right to use and authorize article.com to use your User-Generated Content, including the written consent to use the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User-Generated Content (to the extent applicable), and (iv) such User-Generated 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.” Any User-Generated Content or other material, information or ideas that you submit to or post or publish on the Site is non-confidential. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
As between you and article.com, you retain all of your ownership rights in and to your User-Generated Content; provided, however, that you hereby grant to article.com a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, fully sub-licensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User-Generated Content, in whole or in part, including future rights that Article.com (including any successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You grant article.com and sublicensees the right to use the name that you submit in connection with such User-Generated Content, if they choose.
article.com has the right, but not the obligation, to monitor and edit or remove any activity or User-Generated Content. Article.com takes no responsibility and assumes no liability for any User-Generated Content. By posting User-Generated Content, you agree to indemnify Article.com for all losses resulting from any claims related to or arising out of the User-Generated Content that you supply, as further explained under the section below titled “Indemnity”.
You also agree further that article.com is not responsible and shall have no liability to you for any User-Generated Content posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you.
When you use social media tags (such as on Instagram or Twitter) that identify or are associated with Article.com, including without limitation @article, @articlemodern, #OurArticle, or any other similar social media tag in any way related to article.com, you agree to provide article.com with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to reproduce and use the uploaded content, including image(s), in article.com’s (or its sublicensees’) marketing materials and through all social media channels.
All items purchased from article.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
All returns are subject to our Returns Policy. article.com does not take title to returned items until such time as the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return: in this situation, article.com does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy, which is incorporated herein by reference.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users (see User-Generated Content), third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by article.com, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of article.com. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
article.com endeavors to be as accurate as possible, however mistakes and omissions do happen. article.com does not warrant that product descriptions or other content on article.com are all accurate, complete, reliable, current, or error-free. If a Product offered by article.com is not as described, your sole remedy is to return the Product in unused condition according to the Returns Policy.
California Proposition 65 requires that special warnings be provided when Products that are available for purchase on the Site contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits.
Pursuant to California Civil Code Section 1789.3, you are hereby given notice that you may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
Products available for purchase on the Site are supplied by third-party suppliers (“Suppliers”) to article.com. Suppliers are solely responsible for providing accurate information about the Products that they supply to article.com, including, where applicable and without limitation, consumer warnings and information about materials that may be deemed “hazardous” under California’s Prop 65.
Unless otherwise expressly stated, the retail price displayed for each Product on the Site represents the full retail price listed for such Product, excluding shipping & delivery costs, applicable taxes and any other applicable fees. If you wish to purchase a Product, you will pay the retail price displayed next to the Product, plus shipping & delivery costs, applicable taxes and any other applicable fees.
Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Article 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. We also may offer certain promotions or special pricing that are only available for a limited period of time.
In some cases, we may include an “estimated retail value” for a comparably featured item offered elsewhere, which may or may not represent the prevailing price in every geographic area on any particular day and is merely a comparative price estimate provided for informational purposes only and without binding value. This is only intended to give you a sense of retail prices for similar products on other platforms.
Delivery timeframes communicated by article.com are estimates and dependent on many factors beyond its control, including but not limited to production delays, shipping delays, government delays and forces of nature. In no event shall article.com be liable for deliveries that are received beyond the estimated delivery date.
You agree to indemnify and hold harmless article.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) that may arise from (i) your use of the Site, Products and/or Services (including, but not limited to, the display of your information or User-Generated Content on the Site), (iii) your breach of these Terms or (iii) any violation, misappropriation or infringement by you of the intellectual property rights of a third party. You hereby further agree to indemnify and hold harmless article.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) that may arise, directly or indirectly, as a result of any claims asserted by third party rights claimants or other third parties relating to information about such third parties and/or any of their goods and/ or services. article.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with article.com in asserting any available defenses.
You understand that we cannot and do not guarantee or warrant that information or files downloaded from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or any services or items obtained through the site or to your downloading of any material posted on it, or on any website linked to it.
Your use of the site, its content and any product or services obtained through the site is at your own risk, except as otherwise expressly provided. the site, its content and any services or items obtained through the site as well as user-generated content are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither article.com nor any person associated with article.com makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the site. without limiting the foregoing, neither article.com nor anyone associated with article.com represents or warrants that the site, its content, or any products or services obtained through the site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the site or any services or products obtained through the site will otherwise meet your needs or expectations.
article.com hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any express warranties made by article.com or warranties which cannot be excluded or limited under applicable law.
In no event shall article.com or its officers, managers, members, employees, agents, successors, subsidiaries, distributors, affiliates or third parties providing information on this site or via other channels, including but not limited to, phone and email, be liable to you or any user of the sites or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the sites or any information contained therein, including user-generated content, whether based upon warranty, contract, tort, or otherwise, even if article.com has been advised of or should have known of the possibility of such damages or losses.
You hereby acknowledge that the preceding limitation on liability will apply to all content (including user-generated content), products and services available through the site or other channels associated with article.com. because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, liability is limited to the fullest extent permitted by law.
Regardless of the previous paragraphs, if article.com is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) $100 USD.
article.com shall in no event be held responsible for delay and/or non-provision of the Services or Products, or unavailability of the Site, for any reason whatsoever, including but not limited to events beyond the reasonable such as Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, global pandemics, orders of domestic or foreign courts or tribunals or non-performance of third parties.
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of and your purchase of products and/or services through article.com. Any infraction of the Terms shall be governed by the laws of British Columbia and the laws of Canada without regard to any conflict of law provisions of your domicile residence or physical location. At our discretion, we may report any infractions or violations relating to the agreement to the appropriate authorities. You and article.com each agree to submit to the personal and exclusive jurisdiction of the courts located within British Columbia, Canada.
This section, including the provisions on binding arbitration and class action waiver, shall survive any termination of your account or the site.
If you have any questions about these Terms, please contact us at:
The English text of these Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.
Article respects the intellectual property rights of others, and we require you to do the same when interfacing with the Site.
Article may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.
Only the intellectual property rights owner or the owner’s authorized agent is permitted to report potentially infringing materials through Article’s reporting system set forth below. If you are not the intellectual property rights owner or the owner’s authorized agent, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Article’s designated agent the following information:
Article’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you posted allegedly infringing material and received notification to that effect from Article, you may elect to send us a counter-notice. To be effective, such counter-notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements):
Such written notice should be sent to our designated agent as follows: