Terms
of Service
Introduction
Last
updated 10/02/2024
Our
aim is to keep this Agreement as readable as possible, but in some cases for
legal reasons, some of the language is required "legalese".
Your
Acceptance of this Agreement
These
terms of service are entered into by and between You and our website ("Company,"
"we," "our," or "us"). The following terms and
conditions, together with any documents they expressly incorporate by reference
(collectively "Terms of Service"), govern your access to and use of our website , including any content,
functionality, and services offered on or through this website (the "Website").
Please
read the Terms of Service carefully before you start to use the Website.
By
using the Website (or by clicking to accept or agree to the Terms of Service
when this option is made available to you), you accept and agree to be bound
and abide by these Terms of Service and our Privacy Policy, found at
/privacy-policy, incorporated herein by reference. If you do not want to agree
to these Terms of Service, you must not access or use the Website.
You
must be at least 13 years old to use this Website. However, children of all
ages may use the Website if enabled by a parent or legal guardian. If you are
under 18, you represent that you have your parent or guardian's permission to
use the Website. Please have them read these Terms of Service with you.
If you
are a parent or legal guardian of a user under the age of 18, by allowing your
child to use the Website, you are subject to the terms of these Terms of
Service and responsible for your child's activity on the Website.
BY
ACCESSING AND USING THIS WEBSITE, YOU:
ACCEPT
AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE.
YOU
REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE
LAW TO FORM A BINDING CONTRACT WITH US; AND,
YOU
AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED,
YOU DO SO AT YOUR OWN RISK.
Updates
to Terms of Service
We may
revise and update these Terms of Service from time to time in our sole
discretion. All changes are effective immediately when we post them and apply
to all access to and use of the Website thereafter.
Continuing
to use the Website following the posting of revised Terms of Service means that
you accept and agree to the changes. You are expected to check this page each
time you access this Website so you are aware of any changes, as they are
binding on you.
Your
Responsibilities
You
are required to ensure that all persons who access the Website are aware of
this Agreement and comply with it. It is a condition of your use of the Website
that all the information you provide on the Website is correct, current, and
complete.
YOU
ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR
COMPUTER, INTERNET AND DATA SECURITY.
Prohibited
Activities
You
may use the Website only for lawful purposes and in accordance with these Terms
of Service. You agree not to use the Website:
In any
way that violates any applicable federal, state, local or international law or
regulation (including, without limitation, any laws regarding the exports of
data software to and from the U.S. or other countries).
For
the purpose of exploiting, harming, or attempting to exploit or harm minors in
any way by exposing them to inappropriate content, asking for personally
identifiable information or otherwise.
To
send, knowingly receive, upload, download, use, or re-use any material that
does not comply with the Submission Standards set out in these Terms of
Service.
To
transmit, or procure the sending of, any advertising or promotional material,
including any "junk mail," "chain letter,"
"spam," or any other similar solicitation.
To
impersonate or attempt to impersonate the Company, a Company employee, another
user, or any other persona or entity (including, without limitation, by using
email addresses associated with any of the foregoing).
To
engage in any other conduct that restricts or inhibits anyone's use or
enjoyment of the website, or which as determined by us, may harm the Company or
users of the website, or expose them to liability.
Additionally,
you agree not to:
Use
the Website in any manner that could disable, overburden, damage, or impair the
site or interfere with any other party's use of the Website, including their
ability to engage in real-time activities through the Website.
Use
any robot, spider, or other automatic device, process, or means to access the
Website for any purpose, including monitoring or copying any of the material on
the Website.
Use
any manual process to monitor or copy any of the material on the Website, or
for any other purpose not expressly authorized in these Terms of Service,
without our prior written consent.
Use
any device, software, or routine that interferes with the proper working of the
Website.
Introduce
any viruses, Trojan horses, worms, logic bombs, or other material that is
malicious or technologically harmful.
Attempt
to gain unauthorized access to, interfere with, damage, or disrupt any parts of
the Website, the server on which the Website is stored, or any server,
computer, or database connected to the Website.
Attack
the Website via a denial-of-service attack or a distributed denial-of-service
attack.
Otherwise
attempting to interfere with the proper working of the Website.
Intellectual
Property Rights
The
Website and its entire contents, features, and functionality (including but not
limited to all information, software, text, displays, images, video, and audio,
and the design, selection, and arrangement thereof) are owned by the Company,
its licensors, or other providers of such material and are protected by United
States and international copyright, trademark, patent, trade secret, and other
intellectual property or proprietary rights laws.
These
Terms of Service permit you to use the Website for your personal,
non-commercial use only. You must not reproduce, distribute, modify, create
derivative works of, publicly display, publicly perform, republish, download,
store, or transmit any of the material on our Website, except as follows:
Your
computer may temporarily store copies of such material in RAM incidental to
your accessing and viewing those materials.
You
may store files that are automatically cached by your Web browser for display
enhancement purposes.
You
may print or download one copy of a reasonable number of pages of the Website
for your own personal, non-commercial use and not for further reproduction,
publication or distribution.
You
must not:
Modify
copies of any materials from this site.
Delete
or alter any of the copyright, trademark, or other proprietary rights notices
from copies of materials from this site.
You
must not access or use for any commercial purposes any part of the website or
any services or materials available through the Website.
If you
print, copy, modify, download, or otherwise use or provide any other person
with access to any part of the Website in breach of the Terms of Service, your
right to use the Website will stop immediately and you must, at our option,
return or destroy any copies of the materials you have made. No right, title,
or interest in or to the Website or any content on the Website is transferred
to you, and all rights not expressly granted are reserved by the Company. Any
use of the Website not expressly permitted by these Terms of Service is a
breach of these Terms of Service and may violate copyright, trademark, and
other laws.
Our
Rights
We
have the right, without provision of notice to:
Take
appropriate legal action, including, without limitation, referral to or
cooperation with law enforcement or regulatory authorities, or notifying the
harmed party of any illegal or unauthorized use of the Website; and
Terminate
or suspend your access to all or part of the Website for any or no reason,
including, without limitation, any violation of these Terms of Service.
YOU
WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS,
CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL
CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING
PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW
ENFORCEMENT AUTHORITIES.
Third-Party
Links and Content
For
your convenience, this Website may provide links or pointers to third-party
sites or third-party content. We make no representations about any other
websites or third-party content that may be accessed from this Website. If you
choose to access any such sites, you do so at your own risk. We have no control
over the third-party content or any such third-party sites and accept no
responsibility for such sites or for any loss or damage that may arise from
your use of them. You are subject to any terms and conditions of such
third-party sites.
Online
Orders
All
orders, purchases or transactions for the sales of goods, digital products, or
information made using this Website are subject to the following additional
terms and conditions of sale:
You
may not order or obtain goods, digital products or information from this
Website if you: (i) are prohibited from accessing or using this Website or any
of this Website's contents, goods, digital products or information by
applicable law or (ii) you are outside the geographic region where the goods,
digital products or information are available for purchase;
You
agree that your order is an offer to buy, under these Terms of Service, all
goods, digital products, or information listed in your order. All orders must
be accepted by us or we will not be obligated to sell such goods, digital
products or information to you. We may choose not to accept orders at our sole
discretion, even after we send you a confirmation email with your order number
and details of the items you have ordered; and
All
prices, discounts, and promotions posted on this Website are subject to change
without notice. The price and currency charged for a goods, digital products or
information will be the price and currency advertised on this Website at the
time the order is placed, subject to the terms of any promotions or discounts
that may be applicable. The price and currency charged will be clearly stated
in the shopping cart before you confirm your purchase. Price increases will
only apply to orders placed after the time of the increase. Posted prices do
not include taxes or charges for shipping and handling. All such taxes and
charges will be added to your total pricing and will be itemized in your
shopping cart and in your order confirmation email. We strive to display
accurate price information; however, we may, on occasion, make inadvertent
typographical errors, inaccuracies, or omissions related to pricing and
availability. We reserve the right to correct any errors, inaccuracies, or
omissions at any time and to cancel any orders arising from such occurrences.
Where
an order indicates a license is being purchased:
All
uses on this Website of the terms "sell", "sale",
"resell", "resale", "purchase",
"price", and the like mean the purchase or sale of a license;
Each
good, digital product or information marketed as such on this Website is made
available solely for license, not sale, to you and other prospective customers
under the terms, conditions, and restrictions of the license Terms of Service
posted with or made available to you at /license;
You
will comply with all terms and conditions of the applicable license Terms of
Service for any goods, digital products or information you obtain through this
Website, and you will not cause, induce, or permit others' non-compliance with
the terms and conditions of any of license Terms of Services for the goods,
digital products or information; and
Except
for the limited license granted under the relevant license Terms of Service,
nothing in these Terms of Service grants any right, title, or interest in or to
(including any license under) any intellectual property rights in or relating
to, the good, digital product or information, whether expressly, by
implication, estoppel, or otherwise. All right, title, and interest in and to
the good, digital product or information are and will remain with Company or
its licensors, as applicable.
Shipments
& Delivery.
We
will arrange for shipment of the goods to you. Please check the individual
product page for specific delivery options. You will pay all shipping and
handling charges unless otherwise specified in the order confirmation.
Title
and risk of loss pass to you upon our transfer of the products to the
carrier/delivery. Shipping and delivery dates are estimates only and cannot be
guaranteed. We are not liable for any delays in shipments.
Payment
and Fees
You
may be required to purchase or pay a fee to access our services. We accept
Mastercard, Visa and American Express for all purchases. However, Company does
not guarantee the availability of any payment method at any moment and Company
may add, remove or suspend any payment method temporarily or permanently at
Company's sole discretion. You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Website and to
promptly update account and payment information, including email address,
payment method, and payment card expiration date, in order to complete your
purchases and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All
payments shall be in CAD.
You
agree to pay all charges or fees at the prices then in effect for your
purchases, and you authorize us to charge your chosen payment provider for any
such amounts upon making your purchase.
We
reserve the right to correct any errors or mistakes in pricing, even if we have
already requested or received payment. We also reserve the right to refuse any
order placed through the Website.
Return
and Refund
If we
ship a wrong model, you may return it to us for a full refund, store credit or
an exchange. All returned items must be in new and unused condition, with all
original tags and labels attached.
If you
change you mind or order a wrong product, we might refuse/reject the request of
the return and refund.
Any return
without our approval and RMA number will be discard at the buyer’s expense.
Please
see our Return Policy for details.
Disclaimers,
Liability and Indemnification
EXCEPT
FOR THE LIMITED WARRANTIES AT /warranty , YOU UNDERSTAND AND AGREE THAT YOUR
USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES,
INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.
THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS,
INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU
ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES,
SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY,
CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THAT ANY GOODS,
SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE
WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS
WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR
CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.
How
We Limit Our Liability to You
EXCEPT
WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY NOR
ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS,
CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE UNDER
THESE TERMS OF SERVICE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER,
INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR
PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL,
WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY
OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES
WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.