Terms and Conditions
PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE.
This user agreement (the “User Agreement”) between you and Pharcan Inc., (the “Company”), governs your use of the Web site ShopSportsman.com (the “Site”), or any Web page operated by the Company. By using this Site, accessing any of the Company’s Web pages, or otherwise using any services provided by the Company, you represent and warrant to the Company that you have the requisite capacity to enter in to this User Agreement and you agree to the terms of this User Agreement as set forth below. If you do not agree to the terms of this User Agreement, you may not use this Site, access any of the Company’s Web pages or use any other services provided by the Company.
The Company reserves the right, at any time to modify, alter, update the User Agreement and to notify you by posting an updated version of the User Agreement on this Site. Continued use of the Site after any such changes shall constitute your consent to be bound by such modifications, alterations, or updates. If at any time the terms and conditions of this User Agreement are no longer acceptable to you, you should immediately stop visiting and using the Site. The Company also reserves the right at any time and from time to time, in its sole discretion, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without prior notice or liability.
Children under the age of 14 should not provide any personally identifiable information on this Site without the knowledge and permission of his or her parent or legal custodian. The Company reserves its right to refuse to enter into any transaction with any person under the age of 18 (Quebec residents) or not having reached the age of majority under the applicable laws (residents from outside of Quebec).
1. COPYRIGHT AND TRADEMARK NOTICES
All content included or available on this Site, including but not limited to code, scripts, images, photographs, forms, borders, text, graphics, video clips, animations, fonts, applications, audio clips, button icons, computer software, interfaces, Site design elements, and the selection and arrangements thereof, in any format whatsoever (collectively the “Materials”) are the property of the Company and/or third parties and are protected by Canadian, U.S. and international copyright laws. The Company grants you permission to electronically copy and to print portions of this Site solely for your own informational purposes as a consumer provided you agree to maintain any and all copyright or other proprietary notices contained in such Materials and that you cite the URL source of such Materials. Any other use of the Materials on this Site, including but not limited to reproduction or copying for purposes other than those noted above, modification, distribution, transmission, removal, deletion, addition, performance, display or republication, creation of derivative works, any form of data extraction or data mining, or other commercial exploitation of any kind, without the prior written consent of an authorized officer of the Company is strictly prohibited. You understand and agree that neither this User Agreement nor any conduct of the Company implies any licence to use any of the Materials contained on this Site, whether or not such Materials are owned by the Company. You further agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy this Site, its Web pages or the content contained therein without prior written consent of an authorized officer of the Company.
Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos or other intellectual property or content from this Site is strictly prohibited.
The Company respects all copyrights and intends on responding when notified of the infringement of such rights. Therefore, if you believe that any Materials on this site infringe your intellectual property rights, please contact the following agent to request a review of the alleged infringement:
620 Mitchell Avenue
Canada H3R 1L4
2. DISCLAIMER OF WARRANTIES
THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL ON THE SITE. THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL FROM SITES LINKED TO THIS SITE. THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY SERVICE OUTAGES THAT ARE CAUSED BY MAINTENANCE ON THE COMPANY’S SERVERS OR THE TECHNOLOGY THAT UNDERLIES THIS SITE, FAILURES OF THE COMPANY’S SERVICE PROVIDERS (INCLUDING TELECOMMUNICATIONS, HOSTING AND POWER PROVIDERS) COMPUTER VIRUSES, NATURAL DISASTERS OR OTHER DESTRUCTION OR DAMAGE OF THE COMPANY’S FACILITIES, AN ACT OF NATURE, WAR, CIVIL DISTURBANCE OR OTHER CAUSE BEYOND THE REASONABLE CONTROL OF THE COMPANY.
THE COMPANY DOES NOT WARRANT THAT THIS SITE, ANY WEB SITE LINKED TO THIS SITE, OR THE WEB SITES OF THE COMPANY’S PARTNERS, AFFILIATES, SUPPLIERS, REPRESENTATIVES, PROXIES OR VENDORS WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, THE COMPANY DOES NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THIS SITE OR ON ANY SITE LINKED TO THIS SITE, OR AS TO THE QUALITY OF THE PRODUCTS OR SERVICES SOLD THROUGH THIS SITE. THE COMPANY’S SITE, ITS CONTENT AND THE PRODUCTS AND SERVICES SOLD THROUGH THE SITE ARE SOLD AND/OR PROVIDED TO YOU ON AN “AS IS,” AND “AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER THE COMPANY NOR ANY OF ITS PARTNERS, AFFILIATES, AGENTS, SUPPLIERS OR VENDORS MAKES ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THAT (I) THIS SITE WILL MEET YOUR REQUIREMENTS, (II) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OR INTEGRITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THIS SITE WILL (A) MEET YOUR EXPECTATIONS (B) BE OF MERCHANTABLE QUALITY OR (C) BE FIT FOR THE PARTICULAR PURPOSE IN WHICH YOU INTEND TO USE SUCH PRODUCTS, SERVICES OR INFORMATION (V) THIS SITE, ITS SERVERS, AND ANY WEB SITES LINKED TO THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (VI) ANY ERRORS WILL BE CORRECTED. [NOTE: THE FOLLOWING SECTION IS REPETITIVE] [NEITHER THE COMPANY NOR ANY OF ITS PARTNERS, AFFILIATES, AGENTS, SUPPLIERS OR VENDORS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE COMPANY’S SITE, ANY CONTENT ON THE SITE OR ANY OF THE PRODUCTS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, THE PRODUCTS AND SERVICES SOLD THROUGH THE SITE, AND THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT.] YOU UNDERSTAND AND AGREE THAT PRODUCTS DEPICTED IN IMAGES ON THIS SITE MAY APPEAR LARGER OR SMALLER ON YOUR COMPUTER MONITOR THAN THEIR ACTUAL SIZE, AND THAT OTHER CHARACTERISTICS OF SUCH PRODUCTS (INCLUDING BUT NOT LIMITED TO COLOR OR SHAPE OF SUCH PRODUCTS) MAY NOT APPEAR ACCURATELY ON YOUR COMPUTER MONITOR.
3. LIMITATIONS ON LIABILITY
IN NO EVENT SHALL THE COMPANY, ANY OF ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, VENDORS, EMPLOYEES, SUPPLIERS, REPRESENTATIVES, AGENTS, SUCCESSORS OR ASSIGNS (THE “COMPANY PARTIES” OR “COMPANY PARTY” AS THE CASE MAY BE) BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS USER AGREEMENT, THE SALE OF PRODUCTS OR SERVICES THROUGH THE SITE, THE USE OF OR INABILITY TO USE THE SITE, OR ANY OTHER USE OF THE SITE, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE (INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF ANY COMPANY PARTY), OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IN THE EVENT SUCH EXCLUSIONS AND LIMITATIONS ARE PROHIBITED BY LAW, FAIL OF THEIR ESSENTIAL PURPOSE, OR DO NOT OTHERWISE APPLY, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT SHALL BE THE AMOUNT OF FEES YOU PAY TO THE COMPANY IN RESPECT TO THE ACTION OR TRANSACTION GIVING RISE TO LIABILITY. YOU AGREE THAT ANY LIMITATIONS ON LIABILITY STATED IN THIS SECTION 3 IS A FAIR ALLOCATION OF RISK BASED UPON THE MANNER AND COST BY WHICH THE COMPANY’S PRODUCTS AND SERVICES ARE PROVIDED TO YOU, AND TAKING INTO ACCOUNT YOUR ABILITY TO TAKE OTHER MEASURES OR CONSULT OTHER RESOURCES IN CONNECTION WITH THE TYPE OF PRODUCTS AND SERVICES PROVIDED BY THIS SITE.
You hereby agree to indemnify, defend and hold harmless the Company and any Company Parties from and against any and all liability, losses, costs and expenses (including reasonable attorneys' fees) that arise from your use or misuse of the Site, including:
- Your use of this Site or any Website linked to this Site;
- Your connection to this Site;
- Your purchase of any products sold through this Site;
- Your use of any products sold through this Site;
- The content, quality or performance of content that you submit or transmit to or through this Site;
- Any use or alleged use of your accounts or your passwords by any person, whether or not known or authorized by you;
- Your violation of this User Agreement; or
- Your violation of the rights of any other person or entity.
The Company reserves the right but not the obligation, at the Company’s own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company in defense of these claims.
6. YOUR CONDUCT ON THIS SITE
The technology and software underlying this Site and the services provided by the Company are the property of the Company. You agree not to copy, modify, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying Site or the services provided by the Company. You agree not to modify the software underlying this Site in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to this Site.
You hereby grant a royalty-free, perpetual, irrevocable, world-wide non-exclusive licence to use, reproduce, publish, edit, translate, distribute, perform and display any intellectual property you post to or transmit through this Site, including but not limited to a licence to create derivative works from any such intellectual property.
You hereby agree that you will not use the Site to do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
- Publish, post, upload, email, distribute or disseminate (collectively, "Transmit") through or on the Site any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, this Site, any software or hardware, or telecommunications equipment;
- Transmit material that constitute unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Transmit material that infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of another party;
- Interfere with or disrupt the Site, servers or networks or violate the regulations, policies or procedures of such networks;
- Impersonate any person or entity, including, but not limited to, a Company representative or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site, or to manipulate your presence on the Site;
- Harvest or otherwise collect or store any information (including personal information) about other users of the Site, including e-mail addresses, without the express consent of such users;
- Use, download or otherwise copy, or provide to any person or entity any Site users directory or other user or usage information or any portion thereof other than in the context of your use of the Site;
- Take any action that imposes an unreasonably or disproportionately large load on the Site infrastructure; or
- Engage in any illegal activities.
You hereby understand and agree that the Company may terminate your limited licence to use the Site at any time for any reason, regardless of whether or not you engage in any of the activities listed above.
Furthermore, you hereby acknowledge that information contained on this Site may be inaccurate or incomplete in part or in whole. In this regard you agree that you will not rely on any information contained on this Site, including but not limited to information regarding the quality, availability, appearance, performance or pricing of any consumer products, information regarding the dates or descriptions of any events, information regarding the quality or scope of customer service provided by any third party person or entity, or information relating to any aspect of the sale of consumer goods.
Unauthorized access to the Site is a breach of this User Agreement and a violation of the law. You agree not to access the Site by any means other than through the interface that is provided by the Company for use in accessing this Site, including without limitation through the use of computer systems or networks connected to the Site, password mining or any other means.
Use of the Site is subject to existing laws and legal process. Nothing contained in this User Agreement shall limit the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site.
7. SATISFACTION POLICY
If you are not satisfied with the products purchased on this Internet site, please contact a customer service agent at 1.877.344.9211.
8. SALES TAX
You agree that you will be responsible for any sales tax imposed or assessed with respect to products you purchase through this Site, whether or not such taxes are imposed or assessed at the time of sale or at any time after such sale. Furthermore, you agree to indemnify the Company from and against any costs or expenses (including attorney fees) incurred in collecting such taxes from you.
9. THIRD PARTY LINKS
The Company may provide links to unaffiliated third party Web sites or access to third party content. These websites are independent from The Company and The Company does not control, sponsor, endorse or guarantee content found on such sites. You agree that your linking to other sites from our Site is at your own risk, and you agree that the Company is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that the Company shall not be liable for any loss or damage of any sort associated with your linking to or use of third party content. Links and access to these sites are provided for your convenience only.
10. CHOICE OF LAW AND FORUM
This User Agreement shall be construed in accordance with the laws of the Province of Québec without regard to its conflict of law provisions, and you and the Company irrevocably consent to bring any action to enforce this User Agreement before a court of competent jurisdiction in the Province of Quebec.
This User Agreement shall constitute the entire agreement between you and the Company regarding your use of this Site, superseding all prior agreements, whether oral or in writing, that you may have executed with the Company.
From time to time, we may offer and/or co-sponsor contests or sweepstakes on our Site. These activities shall be governed by specific rules accessible from the pages of the Site offering the promotion or when you submit your entry form.
You may terminate this User Agreement at any time provided you discontinue use or access of this Site. You agree that in the event you terminate this agreement, sections 1,2, 3, 5 and 9 of the User Agreement shall survive such a termination.
If any part of this User Agreement is determined to be unlawful, void, invalid or unenforceable pursuant to applicable law, then such part shall be severable from the User Agreement and shall not affect the validity and enforceability of any remaining provisions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or this User Agreement must be filed within three (3) years after such claim or cause of action arose or be forever barred.
Notices to you may be made via either e-mail or regular mail, or in cases of changes to the User Agreement or to the services offered by the Site, by posting notices or links to such notices on the Site itself.
If you have any questions or comments regarding this User Agreement, please contact us at firstname.lastname@example.org.
Last Updated: 10 September 2007