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Terms of Use

Acceptance of these Terms of Use

These Terms of Use are entered into by and between you and Geox Canada, Inc. d/b/a “Geox” (“Company”, “we” or “us”). The following terms and conditions, together with any documents expressly incorporated by reference, including the Privacy Policy (collectively, these “Terms of Use” or “Terms”), govern your access to and use of https://www.shopgeox.ca (the “Website”), including any content, functionality, and services offered on or through the Website.

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to abide and be bound by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

This Website is offered and available to users who are eighteen (18) years of age or older and reside in Canada. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. If you are eighteen (18) years of age, but reside in a jurisdiction outside of Canada, you acknowledge and agree that you use the Website at your own risk, and that you agree to be bound by these Terms of Use, regardless of any conflicting provisions applicable in your country of residence.

Changes to these Terms of Use

You may not revise or update these Terms of Use in any manner. We may revise and update these Terms of Use from time to time in our sole discretion. Your continued use of this Website or ongoing communication with us after we make changes is deemed to be acceptance of those changes, so please check periodically for updates. We will provide notice of substantive changes by posting a notice on our Website, and possibly through other forms of communication such as electronic communication. Substantive changes to these Terms of Use will be binding 30 days after such changes have been introduced and for which notification of such substantive changes has been made.

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.

These Terms of Use control the relationship between the Company and you. They do not create any third party beneficiary rights, other than for the indemnities as set out in these Terms of Use. The Company also reserves the right to suspend and/or deny access to the some parts of the Website, or the entire Website, for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.

You are responsible for:

Privacy Policy

Any information including personal information (e.g., your name, address, telephone number, e-mail address) collected by us on the Website or otherwise will be used and disclosed in accordance with this our Privacy Policy, which can be found at www.shopgeox.ca/Privacy. By using the Website, you acknowledge and signify that you have read, understood, and agreed to be bound by our Privacy Policy.

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.

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 these Terms of Use, your right to use the Website will cease 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 Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

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.

Submissions

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.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

Additionally, you agree not to:

Monitoring and Enforcement; Termination

We have the right to:

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.

Your failure to pay according to the terms of these Terms of Use shall entitle us, without prejudice to our other rights and remedies, to (i) charge interest on a daily basis from the original due date at the rate of the lesser of 18% per annum or the maximum amount permissible by law and/or (ii) suspend or terminate your subscription (if applicable) and/or access to our products and services. You shall reimburse us for all reasonable costs incurred by us in collecting past due amounts, including wire transfer fees, collection agency fees, reasonable legal fees and court costs. We may charge a fee for reinstatement of suspended or terminated accounts.

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 Website and services provided by the Company through the Website may provide you with an opportunity to engage with third party products and services or provide you with links to such third party services (“Third Party Services”) offered or made available by third parties not affiliated with the Company (“Third Party Organizations”). These Terms of Use do not apply to (and the Company is not responsible for) any Third Party Services and these Terms of Use do not govern the practices of such Third Party Organizations. When utilizing Third Party Services, you should read the relevant terms of use regarding use of such Third Party Organizations’ websites, software or products, including any applicable end user licence agreements.

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 AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS 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 AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE, YOUR USE OF THE WEBSITE, OR THE USE OF THE WEBSITE BY SOMEONE POSING AS YOU, INCLUDING, BUT NOT LIMITED TO, USER CONTRIBUTIONS, ANY USE OF THE WEBSITE’S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE.

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.

The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in these Terms of Use shall survive indefinitely after termination of these Terms of Use.

Governing Law; Dispute Resolution

These Terms of Use shall be construed, interpreted, and performed exclusively according to the laws of the Province of Ontario and the federal laws applicable therein.

Except as otherwise set out herein, any claim or cause of action you may have arising from, connected with, or relating to the Website, these Terms of Use, or any related matters (collectively, “Related Claims”): (i) must be resolved before the Courts of Ontario sitting in the City of Toronto, Ontario, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of any such dispute or matter; and (ii) must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Questions Regarding Terms of Use

Questions regarding these Terms of Use should be directed to Company at geoxcanadacc@hhbrown.com