Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use of
this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions, please
do not use this site.
Copyright
The entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the United
States and other copyright laws, and is the property of Canadian OutFooters
Inc. The collective work includes works that are licensed to Canadian
OutFooters Inc. Copyright 2003, Canadian OutFooters Inc ALL RIGHTS
RESERVED. Permission is granted to electronically copy and print hard copy
portions of this site for the sole purpose of placing an order with
Canadian OutFooters Inc or purchasing Canadian OutFooters Inc products. You
may display and, subject to any expressly stated restrictions or
limitations relating to specific material, download or print portions of
the material from the different areas of the site solely for your own
non-commercial use, or to place an order with Canadian OutFooters Inc or to
purchase Canadian OutFooters Inc products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by Canadian
OutFooters Inc. You further agree not to change or delete any proprietary
notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Canadian OutFooters Inc
used in the site are trademarks or registered trademarks of Canadian
OutFooters Inc
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To
the fullest extent permissible pursuant to applicable law, Canadian
OutFooters Inc disclaims all warranties, express or implied, including, but
not limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. Canadian OutFooters Inc does not
represent or warrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected, or that
this site or the server that makes the site available are free of viruses
or other harmful components. Canadian OutFooters Inc does not make any
warrantees or representations regarding the use of the materials in this
site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit limitations
or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Canadian OutFooters Inc shall not be liable for any special or
consequential damages that result from the use of, or the inability to use,
the materials on this site or the performance of the products, even if
Canadian OutFooters Inc has been advised of the possibility of such
damages. Applicable law may not allow the limitation of exclusion of
liability or incidental or consequential damages, so the above limitation
or exclusion may not apply to you.
Typographical Errors
In the event that a Canadian OutFooters Inc product is mistakenly listed at
an incorrect price, Canadian OutFooters Inc reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price.
Canadian OutFooters Inc reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase and
your order is cancelled, Canadian OutFooters Inc shall issue a credit to
your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the
site and/or completing the registration or shopping process. These terms
and conditions, or any part of them, may be terminated by Canadian
OutFooters Inc without notice at any time, for any reason. The provisions
relating to Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice
Canadian OutFooters Inc may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address you
have provided to Canadian OutFooters Inc.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international sale
of goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this site
(including but not limited to the purchase of Canadian OutFooters Inc
products) shall be in the state or federal courts located in Los Angeles
County, California. Any cause of action or claim you may have with respect
to the site (including but not limited to the purchase of Canadian
OutFooters Inc products) must be commenced within one (1) year after the
claim or cause of action arises. Canadian OutFooters Inc's failure to
insist upon or enforce strict performance of any provision of these terms
and conditions shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. Canadian OutFooters
Inc may assign its rights and duties under this Agreement to any party at
any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat,
or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Canadian OutFooters Inc or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity rights,
abusive, illegal, or otherwise objectionable which may constitute or
encourage a criminal offense, violate the rights of any party or which may
otherwise give rise to liability or violate any law. You may not upload
commercial content on the site or use the site to solicit others to join or
become members of any other commercial online service or other
organization.
Participation Disclaimer
Canadian OutFooters Inc does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not in
any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to view
and distribute user-generated content on the site, Canadian OutFooters Inc
is merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, Canadian OutFooters Inc reserves the right
to block or remove communications or materials that it determines to be (a)
abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to Canadian
OutFooters Inc in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Canadian OutFooters Inc,
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any activity
related to your account (including negligent or wrongful conduct) by you or
any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Canadian
OutFooters Inc may link to sites operated by third parties. However, even
if the third party is affiliated with Canadian OutFooters Inc, Canadian
OutFooters Inc has no control over these linked sites, all of which have
separate privacy and data collection practices, independent of Canadian
OutFooters Inc. These linked sites are only for your convenience and
therefore you access them at your own risk. Nonetheless, Canadian
OutFooters Inc seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not only its own
site, but for sites it links to as well (including if a specific link does
not work).
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