Access and Use of Information
Access to this Website is limited to viewing the linked web pages solely as advertising and promotional material and may be accessed for personal use only. Any access or attempt to access other areas of the Company’s computer system or servers or other information contained on the system or servers for any other purposes is strictly prohibited. You may not use any information contained on this Website other than in connection with a legitimate business purpose such as for purchasing goods offered for sale through the Website.
You are responsible for:
- Making all arrangements necessary for you to have access to 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) (collectively, “Content”), are owned by the Company, its affiliates, licensors, or other providers of such material, and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Notwithstanding the above, you may print or download one or more copies of any purchase orders generated through the Website, and one copy of any other Content on this Website on any single device for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other Content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. No other permission is granted to you, and you must not print, reproduce, modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the content available on our Website, in whole or in part.
The Company name, our product and service names, our logo as seen on the Website, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates, manufacturers or licensors. You must not use such marks without the prior written permission of the Company. Nothing appearing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any such marks displayed on the Website. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You represent, warrant and covenant that your submissions to the Website are not confidential or proprietary, and you grant the Company the worldwide, royalty free, perpetual, irrevocable, non-exclusive, transferrable and fully sublicensable right and licence to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such submissions (in whole or in part), in any form, media, or technology now known or later developed. You also represent, warrant and covenant that you will only submit bona fide orders for products through the Website. We cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We reserve the right to remove from the Website any of your submissions at any time, with or without cause. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
- In any way that violates any applicable federal, provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada 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 transmit, or procure the sending of, 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 person or entity (including, without limitation, by using email addresses or screen names 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, scanning or copying any of the material on the Website.
- Use any manual process to monitor, scan or copy any of the material on the Website or for any other unauthorized purpose 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, device, or database connected to the Website.
- Attack the Website via a denial-of-service attack, a distributed denial-of-service attack, or other type of attack.
- Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Reliance on Information Posted
The information presented on or through the Website 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 Website, or by anyone who may be informed of any of its contents.
We endeavour to provide current and accurate information on the Website. Nevertheless, misprints or other errors may occur. Accordingly, we reserve the right to change the prices, fees and charges regarding the services available through the Website at any time and from time to time without any notice or liability to you or any other person. We cannot guarantee that the products or services advertised on the Website will be available when purchased or at any relevant time. Accordingly, we reserve the right at any time to reject, correct, cancel or terminate any order or shipping request. If you order products or services for which the fee was incorrectly displayed, we will provide you with an opportunity to cancel your request for such products or services. If you order products or services that are not available, we will notify you by email, and the purchase price you actually paid will be refunded to you. We reserve the right to refuse to accept any request for products or services, notwithstanding any course of dealing between us and you in the past.
Your online request for products or services delivered over the Website constitutes your request to engage us to supply those products or services. Your request for products or services shall be deemed to be accepted only if and when we actually carry out your instructions. If you wish to cancel a request for products or services, you may request a cancellation by sending an email to us. However, we may not receive and process your cancellation request before we accept and process your request for products or services, in which case your cancellation request may not be effective.
Shipping dates and delivery dates are estimates based on a variety of factors and the information we have at the time of purchase. This information may change for reasons outside of our reasonable control, resulting in changes to shipping dates and/or delivery dates. We will notify you of material changes to shipment dates and delivery dates as soon as reasonably possible.
We may update the content on this Website from time to time, and its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Payment, Billing, and Returns
You agree to pay applicable charges (including applicable taxes) for purchases that you make from the Company.
All prices displayed on the Website are subject to change from time to time and without notice. We may limit the number of promotions for which you may be eligible in a given period. In addition, certain promotional offers and discounts may apply to first-time purchasers only. We will disclose your payment terms at the time you make purchases from the Website.
You must select a payment method to pay us for any purchases you make from us. Every time you purchase a product or service, you reaffirm that (i) the Company or the Company’s authorized billing agent is authorized to charge your designated payment method; (ii) the Company may submit for payment charges incurred under your account; and (iii) you will be responsible for such charges, even if your account is cancelled or terminated. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card or other payment method information, your name, address and telephone number, and to provide us with any changes in such information promptly after the change. You acknowledge that the agreement between you and your credit card issuer or financial institution governs your use of your credit card for payment of amounts owed to us, and that you must refer to such agreement to determine your rights and obligations as a holder of such card.
YOU AGREE THAT WE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY BILLING AGENT WE USE) MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT UNLESS REQUIRED OTHERWISE BY LAW.
You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family or friends). The Company may, in its discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on the Site and apply those charges to your next billing cycle.
If, for any reason, the Company does not receive payment from your credit card or other payment method issuer, upon demand you agree to pay the overdue amount by other means acceptable to us. The Company reserves the right to accept other forms of payment, and if the Company elects to invoice you for services, you agree to pay to us the amount indicated in each invoice by the due date reflected on the invoice.
If you believe that a billing discrepancy has occurred, you must notify us within 60 days after the date on which such discrepancy first appeared on your credit card or other payment method account statement or invoice, as the case may be, or such amounts will be deemed to have been accepted by you. You agree to release us from any liability for any error or discrepancy that is reported to us after such period.
By making a purchase on our Website, you acknowledge and signify that you have read, understood, and agree to be bound by our return and exchange policies which can be found at www.shopgeox.ca/Customer-Service and may be amended by us from time to time.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may provide links to social media pages, such as Facebook, Twitter, or such similar websites, on our Website. If you click on these links you will be taken to another website operated by a third party. We do not control such third party websites. You use such links and go to these third party websites at your own risk, and you hereby hold us harmless from and against any claims that might arise as a result of your use of such third party sites.
Third Party Services
The Company has no control over such organizations and services, and the Company is not responsible for and does not endorse any such organizations or services or provide any guarantee, warranty or recommendation to such organizations, services, and/or content. The Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through a Third Party Organization or a Third Party Service.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ALL THE MATERIALS, INFORMATION, FACILITIES AND OTHER CONTENT AVAILABLE ON THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, PERFORMANCE OR USEFULNESS.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED 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 ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEBSITE. HOWEVER, YOU PROMISE NOT TO SHARE USE OF YOUR LOGIN NAME OR PASSWORD NOR TO ALLOW ANYONE TO USE THE WEBSITE POSING AS YOU.
YOU (AND NOT THE COMPANY OR ANY OTHER PARTY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER, DEVICE, OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEBSITE
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, DIRECTORS, OFFICERS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, IN AN AGGREGATE AMOUNT THAT EXCEEDS THE GREATER OF (I) 100 CANADIAN DOLLARS; AND (II) THE AMOUNTS PAID TO THE COMPANY BY YOU IN THE 6-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification and Release
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF THE COMPANY ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, DIRECTORS, OFFICERS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
Governing Law; Dispute Resolution
Waiver and Severability