You understand that aspects of the Website and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use the Website and receive the Services in your jurisdiction.
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by the Website or the Services, you may not enter into this agreement or use the Website or the Services. By using the Website you are explicitly stating that you have verified in your own jurisdiction that your use of the Website and the Services is allowed.
If you are a planning on shipping a product that you purchase from Brock White to a non-Canadian address, please go to our US website by clicking the following link: http://www.brockwhite.com.
You acknowledge and agree that access to and use of the Website and the Services is provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world (including the United States).
During the registration process we may collect your name, address, email address, phone number, credit card information, username, and password. Your information may be used by us:
· to verify your eligibility to create and to maintain your Account;
· to ensure that your Account, including your username, is unique;
· to enable us to provide certain security and privacy safeguards;
· to deal with security, debugging and technical support issues;
· for billing and payment-related issues;
· to protect ourselves and others from abuse; and
· to comply with law.
We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account.
You must not choose a username that infringes the rights of any third party, impersonates any Brock White employee, other users, celebrity or anyone with a considerable fame, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You cannot transfer your Account to any other person, or permit anyone to use same.
You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
4. CODE OF CONDUCT
Brock White may, without notice, temporarily suspend your, or any other party's, access to the Website or the Services by deactivating any password(s) or links to the Internet if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as Brock White may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
While using the Website or the Services you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Website and the Services.
While using the Website and Services, you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity the Website and Services. For example, we reserve the right (but have not obligation) to remove or otherwise delete any content that you post on the Website.
You agree not to post or transmit, through or in connection with the Website or Services, anything that:
(a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person or entity;
(b) is bigoted, hateful, or racially or otherwise offensive;
(c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
(d) is misleading, untruthful or inaccurate;
(e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; or
(f) infringes, misappropriates, or violates any right of a third party, including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) rights of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) personality or publicity; or (iii) any confidentiality obligation.
In addition, you agree not to:
(b) use the Website or the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers;
(c) use the Website or the Services in connection with the distribution of unsolicited commercial email (i.e. "spam");
(d) impersonate any person or entity, including any of our representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that Brock White endorses any statement or posting you make;
(e) except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website;
(f) interfere with or damage the Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(g) attempt to probe, scan, or test the vulnerability of any Brock White system or network or breach any security or authentication measures;
(h) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Brock White or any of Brock White's providers or any other third party (including another user) to protect the Website;
(i) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website or the Services to send altered, deceptive or false source-identifying information;
(k) systematically retrieve data or other content from our Website or the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
(l) mirror or frame any part of the Website without Brock White's express prior written consent;
(m) use automated scripts to collect information from or otherwise interact with the Website or Services;
(n) register for more than one Account or register for a Account on behalf of an person other than yourself; or
(o) advocate, encourage, or assist any third party in doing any of the foregoing.
While we endeavour to keep downtime to a minimum, we can't promise that the Website or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend the Website or the Services, or any part thereof, with or without prior notice for any reason.
6. ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all Internet, computer hardware and other equipment needed to access and use the Website and the Services and that you shall be solely responsible for all charges and fee related thereto.
7. CURRENCY OF WEBSITE
8. LINKED WEBSITES
The Website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Brock White monitors or endorses these websites. Brock White does not accept any responsibility for such websites. Brock White shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
9. INTERNET SOFTWARE OR COMPUTER VIRUSES
Brock White shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Website or the Services or other content from the Website. Brock White recommends that you install appropriate anti-virus or other protective software.
10. OUR MATERIALS
This Website and the Services are owned and operated by Brock White and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, Internet domain names and other similar rights.
THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE INFORMATION PUBLISHED THEREON) AND THE SERVICES ARE PROVIDED ON AN "AS IS", "WHERE IS" BASIS, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. BROCK WHITE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
12. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE AND THE SERVICES INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. TERM & TERMINATION
You acknowledge and agree that:
(a) access to the Website and the Services may not be available from time to time;
(b) the Website and the Services may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice to you; and
(c) Brock White shall not, in any event, be responsible to you in any way should you be unable to access the Website and the Service at any time or from time to time.
Brock White Canada ULC
2575 Kasota Ave.
St. Paul, MN 55108
16. YOUR COMMENTS
Feel free to email your comments, suggestions and feedback ("Comments") to Brock White at the e-mail addresses provided in the Website or the Services. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Brock White is not liable for any damages related to communications to or from the Website or the Services. You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) Brock White has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) Brock White may use, disclose, distribute or copy such Comments and use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you (or any third party); and (iv) such Comments are truthful and do not violate the legal rights of others.