Misener Private
Holdings Corporation

Inspiring Performance Excellence

POLICIES

These global policies were enacted by Misener Private Holdings Corporation on 1 May 2018. This system is a company-specific, public web site operating at URL http://www.misenerprivate.com.

I NOTICE

* See Definitions (below).

This is a private system, the use of which is governed by this, and other policies. These policies may severely limit your access, enjoyment and overall use of this system. Your use of this system is entirely voluntary and you do so at your own risk and expense, regardless. In electing to use this system you certify to have read and to fully understand these policies, and irrevocably agree to be bound to the terms, conditions, provisions and limitations hereof.

These policies are subject to change without notice, which we may but are not obliged to give. We may elect to review these policies periodically, or not. We may but are not obliged to maintain historical versions of these policies. Whensoever specific components or elements of this system, or other systems to which this system is connected, has policies specific to them, those policies shall be in addition to and not in place of these policies.

Should you decline to bind to these policies, for any reason whatsoever, or for no reason at all, you are directed to cease and desist any and all use of this system, to exit or log out and to terminate all access.

II COPYRIGHT

- Portions Copyright © 2018, Misener Private Holdings Corporation.
- All rights reserved.
- Other Rights and Marks of Trade are those of their respective owners.

Take notice that a complex multiplicity of integrated, third-party technologies may be deployed in this system, the ownership and rights of which might not be specifically acknowledged hereabove. You are granted a limited, non-commercial, license to use this system in normal mode and parameter, to print or download or retrieve content as presented for that purpose, in whole or in part; however, you are not permitted to modify, reproduce or distribute content for any other purpose without our express written consent.

III SYSTEM IDENTIFICATION

This system is owned and operated by Misener Private Holdings Corporation. It is powered by a worldwide network of private servers at locations including Canada (Toronto, Montreal, Ottawa), Germany (Frankfurt), the United States (Arizona), China (Hong Kong), France (Paris), Australia (Sydney), Brazil (Sao Paulo), etc. The chief network authority is: postmaster@misenerprivate.com.

IV EMERGENCIES

We maintain an emergency response capability (24/7) in collaboration with our partners.

Please report emergencies, extended outages, viruses and malicious attacks, and serious security incidents to: security@misenerprivate.com. In extreme circumstances, call +1 (289) 434-5171 x 555. Report system or network abuse, misrouting of e-mail, excessive spam and other abuse to: abuse@misenerprivate.com.

You are obliged to report any activity or instance where you or any other party has acted contrary to these policies, and have the same obligation to report malfunctions, security concerns, abuse, etc.

V ACCEPTABLE USE

Your use of this system is consent to monitoring. We reserve the right to monitor your use of this system to ensure proper operation, conduct maintenance, develop and evolve technologies, ensure compliance, for administrative purposes, etc. We reserve the right to refuse you and any other person or party access to this system, without cause or notice, for any reason whatsoever, or for no reason. In all cases, access to this system is a privilege and not a right.

You may not use this system for illegal or unauthorized purposes. You must at all times while using this system comply with these policies. You must obey the laws of the Province of Ontario, Canada, and the laws of the country and jurisdiction(s) you are operating and transacting from, and the laws of the countries and jurisdiction(s) where traffic between you and this system flow. You may not use this system in any manner which might disable, overburden, damage, or impair us, our systems and all those connected to us. You may not interfere with the lawful use and enjoyment of any other party. You are solely responsible for your own conduct and for any consequences that may arise.

You are specifically prohibited from (a) posting or uploading any inappropriate, defamatory, destructive, obscene, or unlawful user content; (b) defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy) of others; (c) posting, uploading, sharing or otherwise transmitting to any person or party data or material that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party, or by impersonating another person, or falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content; (d) using our systems in connection with fraud, surveys, contests, junk email, spamming, re-routing, spoofing or any duplicative messaging (commercial or otherwise); (e) using robots, spiders, site search/retrieval applications, or other devices to retrieve or index any portion of our systems to collect information about us, other parties, domains or systems; (f) uploading binaries, executables or other files that contain bugs, viruses, trojan horses, worms, or any other malicious software or programs that may damage this system or the property of another party; (g) falsely laying claim to property or making a knowingly false statement; (h) reverse engineering, decompiling, downloading source code, reprogramming, coprogramming, patching or in any way altering the computer machine code or content of this system.

In order to access this system, or certain components or functions of this system, you may be required to obtain and utilize a user account. You may not use any user accounts that are not specifically assigned to you. In some cases, a user account can be obtained free of charge by way of a registration function, screen or other protocol. In others, you may be required to pay fees and be pre-screened for a user account.

You are solely responsible to read the content of this policy carefully and to ensure you fully understand the terms and conditions of your user account before you make any registration, purchase, etc. You are required to provide accurate information in all registration processes, and to keep any profile component of your user account complete, accurate and up-to-date. You are solely responsible for the activity that occurs under the guise of your user account, so you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your user account. We will not be liable for your losses or the losses of others caused by any unauthorized use of your user account, you alone are liable.

You specifically acknowledge and agree that regardless of the measures we may enact to control and regulate this system, if any, and the content, user content, etc. you may be exposed to material that is in poor taste, offensive, derogatory, racist, sexist, restricted, controversial and otherwise undesirable, and that you use this system at your own risk. You are specifically obliged to report non-compliant or unlawful user content immediately. This system may contain links to third party systems. These links are provided solely for your convenience and their inclusion does not imply our approval or endorsement of the third party systems or offerings. We have no control over, and assume no responsibility for, the content, policies or practices of third party systems.

You may be able to post, submit, upload or otherwise contribute user content to this system. You are solely responsible for your user content and the consequences of posting or publishing it. You grant us worldwide, non-exclusive, royalty free, license to use, reproduce, modify, translate into different languages or formats, grant to others same, surrender to pertinent authorities, where we deem appropriate, and publish your user content on our systems for the purpose of sharing with others, promotion, administration and enforcement. You must own or have the rights to use and license us to use the user content in the manner contemplated; otherwise, you are precluded from contributing it. While we may not read, review, vet or otherwise assess user content in advance of its posting, we reserve the right to remove any user content and/or terminate any user account without notice for breach or for any other reason, or for no reason whatsoever. We reserve the right to retain and make use of user content at our sole and absolute discretion, and you acknowledge this and agree.

VI SECURITY

It is our general practice not to discuss security measures in detail; accordingly, we tend not to answer questions about the security of our systems. We deploy security technologies and procedures commensurate to the sensitivity and risk of each system, and each application. This is on a likelihood vs. consequence basis, taking into account a local threat assessment and environmental scan of known risks. Should the risk increase, we deploy additional security measures. The objective is to protect personal information and systems-specific assets at all times, in the most direct and reliable way possible.

VII PERSONAL INFORMATION, PRIVACY

This system may collect general information as well as personal information, the depth, scope, breadth and quantity of which will depend on its function and security schema. Web sites tend to collect very little, if any, personal information and only as much general information as is required for it to operate correctly; however, data systems often collect a much larger amount, sometimes much more than is required to operate the system.

This system may collect general information and personal information about you from a multiplicity of sources, including: cookies (the most common source of general information), see Cookies below; system and network information (e.g. internetworking protocol numbers, computer name, locale, system logs, etc); social media controls (e.g. Facebook Like), message boards, community forums, web logs a.k.a. "Blogs", etc; e-mail correspondence you have had with us, your user content, direct contributions; your response to advertising and promotions pertinent to this system, made from outside of this system; purchase history, browsing history and navigation, shipping and locale data, payment history; subscriptions, information requests, account settings, navigation; other web sites and data systems, and their applications; customer loyalty and experience programs; other administrative and business functions.

This system may collect general information about your computer network including IP address, browser type, domain names, internet service provider, the files viewed on our site, operating system, clickstream data, access times and referring website addresses. This information is used to prioritize network resources, design user interfaces, enforce security policies, make product offering decisions and gather general usage statistics.

In addition to the uses identified elsewhere in this policy, we may use your general information and your personal information, in accordance with your preferences, where applicable, to: operate and optimize this system; perform systems maintenance and outreach functions; improve your browsing, subscription and purchasing experience; send you information that we think may be of interest to you; send you advertising about our offerings and the offerings of others; promote and upsell this system, application, etc; gather statistical information about our users and this system, communicate these policies and other legal notices; meet our legal obligations; respond to customer service requests; otherwise fulfill our obligations.

This system does not target children; however, personal information about children may be collected where necessary, e.g. sending gift cards, purchasing gifts, etc. In these cases, personal information about children is an extension of personal information about adults. Certain sections of this system may be protected to prevent the utilization by children or persons under a particular legal age - e.g. credit card payment, etc. Save specific and necessary functions, this system does not knowingly collect or maintain information about children under eighteen years of age. In all of our systems, we are cautious to restrict the content children have access to and take measures to adhere to legal and community standards.

It is entirely your responsibility to keep your user account current and up-to-date, and you are obliged to do so. This system provides an interface for you to review and control your user account. Should you require assistance doing so, contact us. Your user account includes your subscription information and preferences.

The personal information and general information we collect about you will be retained for as long as required to serve the function or purpose for which it was collected, but no longer. This may be as brief as a few minutes and as long as seven years or more, the duration the Government of Canada requires that we keep sales receipts, invoices and other accounting documents. After such time we will either delete or anonymize the data or, if this is not possible, we will securely store same and isolate it from any further use until deletion is possible. There may be cases where your personal information is retained for longer where it is needed to comply with legal obligations, resolve disputes and enforce our policies.

VIII COOKIES

This system may make use of cookies, flash technologies, beacons and other such technologies. This policy explains what these technologies are, why we use them, and what options and controls you have over your personal information. Cookies are small data files that contain a string or set of characters. Cookies may be sent to your computer while using this system, they can serve many different purposes - e.g. short-term storage of essential operational data, storage of your personal preferences and other information.

Cookies may be sent directly from this system (the "first party cookies") or by other systems we have contracted with (the "third party cookies") for a variety of different purposes. Some cookies are identifying and essential to the correct operating of the system, while others provide us with non-identifying, traffic and usage information that we use for systems planning and other business functions. Cookies might be used to enhance the user experience, deliver content you request, correctly format the systems interface and for many other legitimate purposes. Cookies are often used in security measures, to compartment and control access to our systems, interface with other systems and services (e.g. mail servers) and perform other, very important functions. Some of the cookies sent by this system may be recognized by other systems operated by Misener Private Holdings Corporation, and some by third party sites and systems that are outside of our direct control. This system might not use cookies at all, or may only use cookies at specific times or for specific functions. If you have specific questions about cookies, contact us.

Where applicable, third parties may send cookies to serve advertising functions and other purposes on this system. This may be done under leased space, pre-determined rota, pay per access and other contractual arrangements. These cookies might use information about your usage of this system to provide relevant advertisement as invitations to treat for goods and services that may be of interest to you. They might also use technology to measure the effectiveness of this advertisment by using cookies to collect information about your visits to specific sections or pages on this system, and to other systems as well. The information used throughout this process does not enable us or any third party to personally identify you, unless you provide that information and your informed consent.

The wide range of important functions that cookies, and other like technologies, serve is vast and often impossible to predict as systems continuously evolve, and technological requirements are constantly shifting. This being said, we do not now and will never deploy malicious or capturing code, snoop or plant spyware, or authorize others to do so on this system. We do not send machine code or binary executables as cookies. Cookies expire - some very quickly (e.g. a cookie that tracks the current page of a web site) and some very slowly (e.g. a cookie that tracks the language you prefer to use). It can vary with each application, and with each instance of each application.

You have the absolute right and ability to determine whether or not to accept any of the cookies, and like technologies, sent by this system. You may elect to set or amend your browsing software settings, filters, security tolerance, etc. You may elect to refuse cookies outright - its entirely your option. Depending on the option you select, you may have to take additional steps to effect blocking, filtering, etc. Furthermore, some third party advertising include opt-out functionality that may be of interest to you. Managing the cookies you receive is entirely your option; however, consider that some cookies may be essential, and others tremendously beneficial, to system operations. While it is entirely your option, you may wish to consider that some cookies may be essential to system operations. This is to say that this system may not function to specification, or function at all, when cookies are, in whole or in part, disallowed.

IX OUTREACH

We will use electronic mail or other means to contact you regarding system events (e.g. outages, password resets, etc), purchasing and shipping matters, and legal notices. We may also contact you for other non-optional reasons. It is entirely your option as to whether or not we contact you for optional reasons - e.g. promotional messages, special offers, etc. This system will enable you to "Opt-In" or "Opt-Out" of subscriptions, promotional contacts, etc. It is your responsibility to ensure that the correct options are selected. If you require assistance, contact us.

X COMMERCIAL CONTRACT

This policy governs any and all commercial transactions between you and us, including the purchases of goods and services, shipping, warranty, etc. In all cases, buying goods and services from us is entirely voluntary. Goods will not be shipped until payment has been received and processed by us. In cases where credit is afforded to you, and is open and available given the circumstances, charging your account is considered receipt and processing. Credit terms are negotiated separately from this; however, failure to meet the obligations thereof constitutes a violation of this policy, and we may apply sanctions or take measures afforded by those credit terms as well as our policies. Unless otherwise indicated, taxes are not included in prices. Taxes, where applicable, will be calculated at time of payment. All goods are shipped free on board, uninsured. Insuring shipments and shipping is your option and responsibility. Our default currency is the Canadian dollar. We may offer transactions in currencies other than the Canadian dollar, and may provide mechanisms that afford you control over which currency you are transacting in; however, unless otherwise stipulated, transactions are made in the Canadian dollar. We will endeavour to provide versatile and reliable payment methods; however, we accept no responsibility for any damage or loss you incur as a result of using them. We are not under any obligation to assist you in the process of investigating, reconciling or otherwise managing or transacting with the entities that provide payment methods on our behalf. Each payment method may have policies that shall be construed in addition to, and not in place of, these policies. This is intended in the broadest of terms. We select the shipper and method; however, there may be cases where we extend to you a choice of shippers, or where you prefer and stipulate a particular shipper. In these cases, we may endeavour to coordinate with the shipper specified by you, but will revert to our choice of shipper if unable to do so, or if doing so becomes onerous. In cases where shipping costs are part of the advertised price, and you select your own shipper, you will pay all shipping costs without receiving a discount in price.

We endeavour to ensure that our pricing is accurate; however, we always verify prices as part of our fulfillment and shipping process. If an item is shown at less than the actual price, we will honour the advertised price and ship. If the advertised price is more than the actual price, and you have overpaid, we will contact you for instructions before shipping. In any case, however, where the price as advertised is obviously the result of a typographical error or malicious attack (e.g. $1.00 for a $1,000.00 item), the sale shall be cancelled. All options are at our discretion. We do not guarantee availability, despite stated inventory. While we endeavour to ensure that our inventory counts are accurate, errors may occur. We would like to keep every item in stock; however, if we cannot fill an order immediately, we will contact you to determine if you want to partially ship the available items or wait until we can process the entire order. We make no guarantee whatsoever in respect to the time it will take to stock items or deliver. Products are new unless otherwise stipulated in the description. Codes allude to nothing and serve only to differentiate between products.

We may accept product returns, under certain circumstances. In all cases, the claimant must be original purchaser. All products must have been purchased directly from us within thirty (30) days, unless otherwise stipulated. Proof of payment (e.g. original receipt) and identity may, at our option, be required. We may demand photographs, written reports and other evidence prior to issuing an RMA. Products may be repaired, replaced or a credit issued, at our option. All products must be returned in original condition, with original packaging, complete with all parts and components - including tags, printed material, etc. All returns must be accompanied by the RMA (a printed copy may suffice) fixed to the outside of each box or parcel, facing out so the RMA number is clearly visible from the outside of the boxes (this may be enhanced by printing the RMA number on the boxes); however, do not write on or affix documents to the outside of the product packaging, if any. Return products sent without an RMA may be refused or disposed of, without being opened. We will refuse COD shipments. Special sale, special order, one-of-a-kind and similar products cannot be returned. You must ship RMA within fifteen days of issue, or within the time period provided at the time. We may pay for RMA shipping in advance, at our sole option and discretion. Return freight (from us to you) is your responsibility and must occur within ten (10) days of the goods being ready to ship. Claims that a product was "defective on arrival" must be made within five (5) days of receipt. We may at our sole option and discretion honour returns by remorseful buyers, depending on jurisdiction (contact us for details). Remorse must be declared within thirty (30) days of purchase. We will charge a fifteen percent (15%) restocking fee, minimum twenty-five dollars ($25.00) for the administration of all returns. Discrepancies, short/mis-ships or short box claims must be reported within five (5) days of receipt.

You can cancel an order that has not been fulfilled or shipped by contacting us; however, if the order has been picked, packed or prepared you will be charged a fifteen percent (15%) restocking fee, minimum twenty-five dollars ($25.00). We will not be held responsible for delays caused by the dispatch or execution of your request, regardless of how those delays occurred. Once your order has been fulfilled or shipped, it cannot be cancelled. 

XI LIABILITY

Your use of this system is entirely at your own risk. The system and content is provided "as is" and without warranties or conditions of any kind, expressed or implied, including any implied warranties of accuracy, merchantability, merchantable quality, fitness for a parcitular purpose, title or non-infringement. We do not warrant that this system or content will be uninterrupted or error-free, that defects will be corrected, or that this system, or others hereto connected, and others enabling this system, are free of viruses or other harmful components. Without limiting the foregoing, we do not warrant or make any representation regarding use, the ability to use, or the result of use of this system or content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors. We may make changes or improvements to the content or the systems at any time, without notice. We make no warranty that your use of the content will not infringe the rights of others and assume no liability or responsibility for errors or omissions.

We, our employees, agents, officers and directors, heirs and assigns, executors, trustees, etc. will not be liable for any direct, indirect, incidental, punative, consequential, special, exemplary, or other damages, including without limitation, loss of revenue or income, pain and suffering, emotional distress, or similar damages, or damages resulting from any (i) errors or omissions in content and/or user content, (ii) any unauthorized access to or use of this system and/or any and all personal information, (iii) any interruption or cessation of transmission to or from this system, (iv) any bugs, viruses, trojen horses, or the like, which may be transmitted to or through our systems by any third party, or (v) for any loss or damage of any kind incurred as a result of your use of any content howsoever posted, emailed, transmitted or otherwise made avaialble via the system. This limitation of liability applies regardless of the legal view or theory giving rise to the damages and even if we have been advised of the possibility of such damages, the foregoing limitation of liability shall apply to the fullest extent permitted by law. You specifically acknowledge that we, our employees, agents, officers and directors shall not be held liable for user content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. We are not responsible for any damages, whatsoever, regardless.

You irrevocably agree to indemnify us and hold us, our employees, agents, officers and directors, heirs and assigns, executors, trustees, etc. from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, attorney's fees and other expenses arising from (i) your use of and access to the systems; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that you did not have the right to provide any user content or that you or user content caused damage to a third party, this defense and indemnification obligation will survive these terms and your use of this system.

XII GOVERNANCE

Your use of this system, our contract with you, and the entirety of the relationship between you and us is governed by the laws of the Province of Ontario (Canada). You agree to submit to the personal and exclusive jurisdiction of the courts of the Regional Municipality of Niagara at Welland (formerly the Judicial District of Niagara South), regardless. Service may only be made on the address provided. The contract made by your use is not transferrable. You may not assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. This constitutes the entire agreement between you and us and supersedes all prior or contemporaneous understandings or agreements, written or oral. If for any reason a court of competent jurisdiction finds any provision or portion hereof to be unenforceable, that part (or sentence or word or letter) shall be deemed severable and shall be severed, and the remaining provisions shall continue in full force and effect. These policies are written in the English language (Canadian). While these policies may, in whole or in part, be published in languages not English (Canadian), the original English language (Canadian) document, adopted by the corporate board of directors of Misener Private Holdings Corporation, is the only official record of these policies and shall in all cases prevail.

XIII DEFINITIONS

("System" sing. "Systems" pl.), def. computer networks, applications, services, databases, interfaces, platforms, information and/or computing technologies, transactive shopping carts and registers, information and telecommunications infrastructure, credit card/bank processing technologies, etc. ("Web Site" sing. "Web Sites" pl.), def. a system comprised of pages made predominantly from hypertext markup language, and other similar technologies, available via a universal resource locator over the internet, through a standard browser, fully accessible by the public, free of charge. ("Data System" sing. "Data Systems" pl.), def. secure systems comprised of technologies that may include HTML, PHP, SQL, JAVA, JSON and others, normally delivered via web site, integrated application, terminal shell, etc. normally requiring access codes (e.g. membership, usage codes, etc), often pay for use, although sometimes free and limited by some means, performs particular functions - e.g. online database management, facilitating communication, coordinating activities and perform other functions. ("Content"), def. any and all computer files, code, text, documents, links, hypertext markup, images, audio, video and all other data media howsoever intentionally sent by this system to you. ("User Content"), def. any content howsoever sent by you to the system. ("User Account" sing. "User Accounts" pl.), def. a set of data that may include the name, contact particulars, security parameters, access codes, navigation history, product and service interests, subscription settings, information queries and other data about an authorized user of the system. ("General Information"), def. generalized and non-identifying information used for system and programmatic operations, instance management, statistics, liaison with other systems and other purposes, for example page counts, entrance and exit tracking, locale and access log tracking, etc. ("Personal Information"), def. depending on the system, personally identifiable and, in some cases, sensitive information about you, including your name, address, telephone numbers (fax, cellular telephone, etc), e-mail addresses, your computer identification, date of birth, gender, sex, sexual orientation, the name of your child and his or her hair colour, your dog's name, the name and hair colour of your dog's child, how you take your coffee, household income, payment and credit card numbers and expiry dates, banking information, how many hairs are on your head, credit records and ratings, employment information, purchase history, product and service preferences, customer satisfaction information, opinions about products and services, interests and hobbies, family class and structure, social insurance numbers (social security numbers), health and medical information, driver license information, video and audio data, usage data, information from other systems and applications, etc. and every possible inclusion to that. ("EEA"), def. European Economic Area. ("GDPR"), def. The European Union General Data Protection Regulation, as amended. ("RMA"), def. Return Merchandise Authorization.

XIV CONTACT

These policies have been enacted by resolution of the corporate board of directors of Misener Private Holdings Corporation. The executive officer ultimately responsible for the administration of these policies (also the data privacy officer and the data protection officer for purposes of the EEA and GDPR) is Clayton Misener, chief managing director.

Please direct your questions, comments and concerns to (either, or both):

Privacy Office
Misener Private Holdings Corporation
4500 Queen Street, Postal Box 25
Niagara Falls, Ontario L2E 2L0

privacy@misenerprivate.com