Brock White Canada | Terms of Use

BROCK WHITE CANADIAN WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Access and use of this website (the "Website") and its related services (the "Services") are provided by Brock White Canada ULC ("Brock White", "we" and "us") to you on condition that you accept these Terms of Use, and by accessing or using the Website or the Services, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you may not access or use the Website or the Services.

These Terms of Use govern the relationship between you, the Website visitor and/or member (“you”), and Brock White with respect to your use of the Website and its related Services. You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.

1. JURISDICTION

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.

If you are residing in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use the Website or the Services. Minors are not permitted to use the Website or Services.

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.

Your Account (as defined below) may be deleted and these Terms of Use may be suspended or terminated without warning, if we believe that you are under age or your use of the Website or the Services is not allowed.

2. PRIVACY

Brock White is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy [insert url] to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit the Website or use the Services. Please see our Privacy Policy http://ca.brockwhite.com/privacypolicy for further details.

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).

3. ACCOUNTS

Although you may not necessarily need to do so, you can sign up for, open and maintain an account on the Website (“Account”) to, among other things, facilitate your purchase of products through the Website. Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for an Account.

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.

All of the information you provide to us or that we collect from you in connection with your use of the Website or the Services will be governed by these Terms of Use. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and your ability to use the Website or the Services and, in our sole discretion, to report you to the appropriate authorities.

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

You may not interfere with the security of, or otherwise abuse the Website, the Services or any system resources, services or networks connected to or accessible through the Website or the Services. You may only use the Website and the Services for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Brock White's computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use.
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:

(a) use the Website or the Services for any commercial or other purposes that are not expressly permitted by these Terms of Use;

(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;

(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;

(j) copy, store or otherwise access any information contained on the Website or the Services for purposes not expressly permitted by these Terms of Use;

(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.

5. AVAILABILITY

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

Brock White may revise, supplement or delete information, services and/or the resources contained in the Website and the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors. For the avoidance of doubt, we reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) the Website or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through the Website or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of the Website or the Services; and (iv) the equipment, hardware or software required to use and access the Website or the Services.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this website. Your continued use of the Website or the Services after such notice will be deemed acceptance of such changes. Be sure to return to the Website periodically to ensure you are familiar with the most current version of these Terms of Use.

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.

11. DISCLAIMER

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.

IN NO EVENT SHALL BROCK WHITE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE, THE SERVICES, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, BROCK WHITE’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE WEBSITE AND/OR THE SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) DOLLARS.

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.

13. INDEMNIFICATION

YOU AGREE TO, UPON REQUEST, INDEMNIFY AND HOLD US HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES AND EXPENSES, INCLUDING ATTORNEYS' FEES, WHICH ARISE DIRECTLY OR INDIRECTLY FROM ANY BREACH OF THESE TERMS OF USE FOR WHICH YOU ARE RESPONSIBLE.

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 may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use the Website and the Services and/or terminate these Terms of Use (including any of the licenses granted hereunder). Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof. Upon termination of these Terms of Use, you shall immediately cease and desist from all use of the Website and the Services.

Sections 11 – 17 will survive any termination or expiry of these Terms of Use.

15. NOTICE

If you need to contact us regarding the Website, the Services or these Terms of Use, please e-mail us at inf[email protected]. You can also contact us via mail addressed to:

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.

17. MISCELLANEOUS

These Terms of Use is governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regards to its principles of conflicts of law. Subject to the obligation to arbitrate below, you agree to personal jurisdiction of the courts located in located in Calgary, Alberta, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, the Website or the Services or the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use or your receipt and use of the Website or Services, which cannot be amicably resolved, (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Calgary, Alberta in English and in accordance with the UNCITRAL Arbitration Rules, except as such rules are modified or waived herein. Although the appointing authority shall be a Justice of the Alberta Court of Queen's Bench, the arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada or the United States of America and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to: (i) waive any right you may have to commence or participate in any class action against Brock White relating to any Claim; (ii) opt out of any class proceedings against Brock White; and (iii) waive, to the fullest extent permitted by law, any right of appeal. Notwithstanding the foregoing, Brock White reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use (which incorporates by reference our Privacy Policy http://ca.brockwhite.com/privacypolicy, and, if you make a purchase through the Website, our Terms and Conditions as published on our Website http://ca.brockwhite.com/termsandconditions) sets out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable or sub-licensable by you except with Brock White’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Where the word "including" is used herein, it shall mean "including without limitation". Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

These Terms of Use were last updated on March 23, 2017.