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PLEASE READ THESE
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Your use of this website ("canadarugbyshop.com") is expressly
conditioned on your acceptance without modification of the following
terms and conditions the ("Terms and Conditions"). By
using this website, you signify your acceptance of these terms and
conditions.
Ownership
This website, its
design, all text, graphics, content, video, audio and the selection
and arrangement thereof are the property of CanadaRugbyShop Inc. ("CanadaRugbyShop"), and/or its various
subsidiaries, affiliates, third party
providers and distributors ("Third Parties"), and is
protected under the copyright laws of Canada and other countries.
None of the content found on this website may be reproduced,
republished, distributed, displayed, sold, transferred, or modified
without the express written permission of CanadaRugbyShop and/or the
applicable third parties. CanadaRugbyShop, this website, and all other
CanadaRugbyShop
related trademarks and design marks displayed on this website
(collectively, the "Trademarks") are registered and common
law trademarks of their respective owners. Nothing contained on this
website should be construed as granting, by implication or
otherwise, any license or right to use any trademarks, including the
Trademarks, except with the express written permission of
CanadaRugbyShop or
such other party that may own the applicable trademarks.
Use of Site
This website may
not, in whole or in part, be copied, reproduced, republished,
uploaded, posted, transmitted or distributed without the written
permission of CanadaRugbyShop, except that you may download, display and print
the materials presented on canadarugbyshop.com for your personal,
non-commercial use only. Unauthorized use of this website and/or the
materials contained on this website may violate applicable
copyright, trademark or other intellectual property laws or other
laws. You must retain all copyright and trademark notices, including
any other proprietary notices, contained in the materials. The use
of such materials on any other website or in any environment of
networked computers is prohibited. You are prohibited from
contributing, posting or transmitting any infringing, unlawful,
threatening, libelous, defamatory, obscene, indecent, inflammatory,
pornographic or profane material or any material that could
constitute or encourage conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise violate any law.
CanadaRugbyShop reserves the right to limit quantities, refuse orders,
terminate accounts, and/or cancel orders in its discretion,
including, without limitation, if CanadaRugbyShop believes that customer
conduct violates applicable law or is harmful to the interests of
CanadaRugbyShop or any third parties. In its sole discretion, in addition to
any other rights or remedies available to CanadaRugbyShop and without any
liability whatsoever, CanadaRugbyShop at any time and without notice may
terminate or restrict your access to any component of this website.
Governing Law
This Agreement
and its performance shall be governed by the laws of the Province of
Ontario, Canada. You consent and submit to the exclusive
jurisdiction of the courts of the Province of Ontario, Canada, in
all disputes arising out of or relating to the use of this web site
and these terms and conditions.
Liability
Disclaimer
Except as
explicitly provided in the foregoing paragraphs, CanadaRugbyShop and the third
parties make no representations or warranties of any kind, express
or implied, regarding this website and/or any materials provided on
this website, all of which are provided on an "as is" and
"as available" basis. CanadaRugbyShop and the third parties do not
warrant the accuracy, completeness, currency, reliability or
suitability of the operation of this website, or any of the content
or data found on this website, and expressly disclaim all warranties
and conditions, including implied warranties and conditions of
merchantability, fitness for a particular purpose, title and
non-infringement, and those arising by statute or otherwise in law
or from a course of dealing or usage of trade. CanadaRugbyShop and the third
parties are not responsible for late, lost, incomplete, illegible,
misdirected or stolen messages or mail, unavailable network
connections, failed, incomplete, garbled or delayed computer
transmissions, on-line failures, hardware, software or other
technical malfunctions or disturbances or any other communications
failures or circumstances affecting, disrupting or corrupting
communications. CanadaRugbyShop and the third parties assume no
responsibility, and shall not be liable for, any damages to, or
viruses that may infect your computer equipment or other property on
account of your access to, use of, or browsing on this website or
your downloading of any materials, data, text, images, video or
audio from this website. In no event shall CanadaRugbyShop or any of the third
parties be liable for any injury, loss, claim, damage, or any
special, exemplary, punitive, direct, indirect, incidental or
consequential damages of any kind (including, but not limited to
lost profits or lost savings), whether based in contract, tort,
strict liability, or otherwise, which arises out of or is in any way
connected with any use of this website or content found herein, any
failure or delay (including, but not limited to the use of or
inability to use any component of this website for purchases), of
the performance or non performance by CanadaRugbyShop or any of the third
parties, even if such party has been advised of the possibility of
damages by such parties or any other party.
Maximum Liability
If,
notwithstanding the foregoing, CanadaRugbyShop or any of the Third Parties
should be found liable for any loss or damage which arise out of or
is in any way connected with any of the functions or uses of this
website or its content, the liability of CanadaRugbyShop and the Third Parties
shall in no event exceed in the aggregate $250 CAD. The foregoing
limitation does not apply to any liability explicitly assumed by CanadaRugbyShop
pursuant to the Credit Card Policy, which is attached to this
website, and is incorporated into these Terms and Conditions.
Indemnification
You shall defend
and indemnify CanadaRugbyShop and any third party providers and distributors
and their officers, directors, employees, consultants,
representatives and agents from and against any claim, demand, cause
of action, damages, losses, costs and expenses, including without
limitation reasonable legal, accounting and other professional fees,
as a result of your use of this web site, including without
limitation any feedback that you provide.
Assignment
You may not
assign, convey, subcontract or delegate your rights, duties or
obligations under this policy or under any agreement with CanadaRugbyShop
in
connection with this web site.
Acknowledgement
of Privacy Policy
You have read the
CanadaRugbyShop Privacy Policy, the terms of which are incorporated herein,
and agree that the terms of such policy are reasonable. You consent
to the use of your personal information by CanadaRugbyShop and/or third
parties in accordance with the terms of and for the purposes set
forth in the CanadaRugbyShop Privacy Policy.
Pricing
All prices are
quoted and payable in Canadian dollars. Due to competitive market
pressures, prices are subject to change. CanadaRugbyShop reserves the right to
correct, at any time, any pricing errors.
Product
Warranties
If a product is
defective, the manufacturer's warranty applies. If none is
specified, CanadaRugbyShop offers a one year warranty on most products.
Warranty information can be checked for most products offered online
by clicking on the Warranty Information Button located on the
display page of the product.
Product Returns
and Exchanges
All returns and
product exchanges of new, unused products must be processed at a
CanadaRugbyShop. Simply return the product, in its original condition and
packaging, with the official sales receipt you received with your
purchase. For warranty claims, please see the section of these Terms
and Conditions entitled "Product Warranties". If you
required more information or required assistance with a return or
exchange, please review the "Returns"
section of our website.
Risk of Loss
Any products
purchased from this website are delivered to you by a third party
delivery company, pursuant to a shipping contract. The risk of loss
for such products pass to the purchaser at the time of delivery by CanadaRugbyShop
to the third party shipper.
Additional Terms
Separate terms
and conditions may apply to purchases of products and services and
other uses of portions of this website and you agree to abide by
such other terms and conditions.
Links to Other
Web Sites
This website
contains links to other web sites which are provided solely as a
convenience to you and the inclusion of any link does not imply
endorsement, investigation or verification by CanadaRugbyShop or the third
parties of the linked web site or information contained therein. CanadaRugbyShop
and the third parties shall not be responsible for the content
of any other web sites and makes no representation or warranty
regarding any other web sites or the contents or materials on such
web sites. If you decide to access other web sites, you do so at
your own risk.
Your Relationship
with CanadaRugbyShop
Any relationship
between CanadaRugbyShop and you will be that of parties and neither of us nor
any of our respective officers, agents or employees will be held or
construed to be partners, joint ventures, fiduciaries, employees or
agents of the other as a result of your use of this web site or any
agreement entered into between you and CanadaRugbyShop in connection with this
web site.
Modification
CanadaRugbyShop
reserves
the right to, without notice, make changes to this website,
including without limitation with respect to products offered,
product information, availability, content and pricing, and may at
any time modify the Terms and Conditions by updating, amending,
modifying or adding new conditions to them. Any use of this website
by you after any revisions shall be deemed to constitute acceptance
by you of any amendments, modifications or new conditions.
Criminal or
Harmful Conduct
You are
prohibited from posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, indecent, inflammatory, pornographic
or profane material or any material that could constitute or
encourage conduct that would be considered a criminal offence, give
rise to civil liability, or otherwise violate any law. CanadaRugbyShop
reserves the right to refuse and /or cancel online event activities
and related financial transactions in its discretion, including,
without limitation, if CanadaRugbyShop believes that an individual or
organization violates applicable criminal law or is harmful to the
interests of CanadaRugbyShop. In its sole discretion, in addition to any other
rights or remedies available to CanadaRugbyShop and without any liability
whatsoever, CanadaRugbyShop at any time and without notice may terminate or
restrict your access to any component of this web site.
Severability
These Terms and
Conditions shall be deemed severable. In the event that any
provision is determined to be unenforceable or invalid, such
provision shall nonetheless be enforced to the fullest extent
permitted by applicable law, and such determination shall not affect
the validity and enforceability of any other remaining provisions.
Sufficient Legal
Age
You represent
that you are of sufficient legal age to use this web site and to
create binding legal obligations for any liability you may incur as
a result of the use of this web site. You understand that you are
financially responsible for all uses of this web site by you and
those using your e-mail information.
Headings
The headings used
in these Terms and Conditions are included for convenience only and
will not limit or otherwise affect these Terms and Conditions.
Feedback
CanadaRugbyShop
enables
visitors to this website to provide CanadaRugbyShop with feedback by email or
otherwise ("Customer Content"). If you provide Customer
Content you grant CanadaRugbyShop a non-exclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, delete,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such Customer Content throughout
the world in any media, now known or hereafter developed, and you
waive any and all moral rights in the Customer Content. You also
grant CanadaRugbyShop the right to use the name you submit with the Customer
Content, if any, in connection with CanadaRugbyShop's rights hereunder.
Entire Agreement
These Terms and
Conditions, together with those incorporated or referred to herein
constitute the entire agreement between us relating to the subject
matter hereof, and it supersedes any prior understandings or
agreements (whether electronic, oral or written) regarding the
subject matter, and may not be amended or modified except in
writing, or by CanadaRugbyShop making such amendments or modifications
available to it pursuant to the Terms and Conditions.
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