Terms And Conditions
LAST UPDATE: April 8, 2009
1. Acceptance of Terms
These Terms of Use (the “Terms”) apply to all users of tanyourmind.com (the “Website”), and to all products, services, resources, information, materials and other content available on the Website (which we collectively refer to in these Terms as the “Content”). The Website is operated by Outpost Incorporated (“Outpost”, “we”, “us”, “our” and similar references).
THESE TERMS CONTAIN CERTAIN INDEMNITIES, LIMITATIONS OF LIABILITY AND RESTRICTED WARRANTIES. BY ACCESSING THE WEBSITE, YOU ARE DEEMED BY US TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY AND TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITE.
2. Privacy Policy
You understand that by using the Website, you consent and agree to the collection and use of certain information about you and your use of the Website, in accordance with our Privacy Policy, which is incorporated into these Terms by reference. For more information, please read our full privacy policy at privacy@tanyourmind.com.
3. Copyright Policy
You understand that by using the Website, you consent and agree to the terms of the Outpost Copyright Policy, which is incorporated into these Terms by reference. For more information, please read our full copyright policy at copyright@tanyourmind.com .
4. Additional Terms
Your use of certain resources made available on the Website or your participation in certain transactions on the Website (such as on-line purchases) may be subject to additional terms and conditions, which we will make available to you prior to or at the time you access these resources or conduct these transactions.
5. Intellectual Property and License
You acknowledge and agree that Outpost and/or its licensors own all legal right, title and interest in and to the Website, and any Content (other than User Submissions, as defined below) provided to you as part of and/or in connection with the Website, including, without limitation, text, documents, notes, case studies, brochures, graphics, logos, button icons, images, design elements, products, software, text, audio, music, and all other materials originated or used by us at the Website and any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You also acknowledge that the compilation of all Content and User Submissions on this Website is our exclusive property and is protected by Canadian law and international treaties.
“OUTPOST”, “Tan Your Mind” and the Outpost and Tan Your Mind logos are trademarks of Outpost and may be registered in certain jurisdictions. Other Outpost and Tan Your Mind graphics, logos, page headers, button icons, scripts, product names, and Website names are trademarks or trade dress of Outpost. All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Outpost. The display of trademarks and trade names on this site does not convey or create any license or other rights in these marks or names. Any use of them is strictly prohibited. All rights reserved.
We grant you a personal, non-commercial, non-exclusive, non-transferable, limited license to access and use the Content as provided to you by Outpost as a part of the Website and in accordance with these Terms, provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, sell, lease, sublicense, assign or otherwise transfer any right in the Website or its Contents. This license does NOT include and expressly prohibits: (i) any resale or commercial use of this Website or its Content; (ii) any derivative use of this Website or its Content; or (iii) any use of data mining, robots, spiders, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or proprietary information (including images, video, text, page layout, or form) of Outpost without our express prior written consent. Any unauthorized use terminates the permission or license granted by us under these Terms.
If you send us creative materials, suggestions, feedback or other information (not including User Submissions, as defined below), you agree not to assert any ownership right of any kind in your submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. Any feedback provided to us regarding the Website may be used by us without restriction or accounting to you, including our utilization of such feedback in products, services or marketing or other collateral.
6. User Submissions
The Website allows you to submit your own stories, photos and other electronic data, materials or content (“User Submissions”), provided you comply with these Terms. You understand and agree that whether or not such User Submissions are published, we do not guarantee confidentiality with respect to any submissions.
You retain all of your ownership rights in any User Submissions you make on the Website. However, by submitting the User Submissions to us, you hereby grant Outpost a worldwide, perpetual, non-exclusive, royalty-free and sub-licensable license to use, publish, reproduce, prepare derivative works of, display, modify, edit, translate and adapt the User Submissions for the purposes of publication or distribution by Outpost in any format or medium now known or later developed. Outpost may sub-license the rights granted above to any third party involved in the operation of Outpost’s business and/or assign such rights to any assignee of Outpost’s business, without notice to you. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website under these Terms. You acknowledge that the User Submissions will be subject to criticism both by us and by the users of the Website and we reserve the right to publish any criticism of your User Submissions at its discretion and cannot guarantee that such criticism will be constructive. If you are likely to take offence at certain criticism, you should not submit the User Submission to us.
In connection with your User Submissions, you affirm, represent, and/or warrant that:
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all if your User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms; (ii) (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in your User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Submissions in the manner contemplated by the Website and these Terms; (iii) you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (iv) you will not submit material or transmit a message that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, depictive of a person under eighteen (18) years of age in sexual activity or has as its dominant characteristic the depiction of a minor’s sexual organs or anal region, advocating of sexual activity with a minor which would be an offence under the Criminal Code of Canada, depictive of sexually explicit nudity, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; and (v) you will not submit material or otherwise provide us with personal information about another person without that person’s explicit permission or confidential information or information that is false or misleading.
You understand that all your User Submissions, whether publicly posted or privately transmitted on the Website, are your sole responsibility. This means that you, and not Outpost, are solely responsible for any user Submissions you upload, download, post, email, transmit, store or otherwise make available through your use of the Website.
You acknowledge that we are not responsible or liable in any way for any content provided by others and have no duty to pre-screen such User Submissions. However, we reserve the right at all times to determine whether User Submissions are appropriate and in compliance with these Terms, and may pre-screen, move, refuse, modify and/or remove User Submissions at any time, without prior notice and in its sole discretion, if such User Submissions are found to be in violation of these Terms or is otherwise objectionable.
Where your User Submissions have not been published or distributed by Outpost or its sub-licensees, the above licenses granted by you in your User Submissions may be terminated by you within a commercially reasonable time after you remove or delete your User Submissions from the Website.
7. Your Account
In the event you create or are provided with an account in order to utilize certain restricted portions of the Website, in consideration of permitting you access to such portions of this Website (the “Service”), you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information being the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or we have had reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website or Service (or any portion thereof). If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in writing of any unauthorized use of your user account, or other account-related breach of which you become aware. Children under the age of 13 may not create user accounts and children over 13 and under 18 should seek the permission of their parent or guardian to create an account, who must agree to these Terms on their behalf.
8. Accuracy
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or Content of this site is accurate, complete, reliable, current, or error-free.
9. Third Party Sites and Products
We may provide links to various third party websites solely as a convenience for our users and these terms DO NOT apply to such sites. Such sites are not under our control or direction and we have not reviewed them. We do not endorse or sponsor, and we are not responsible or liable for, the contents, products or services available at any such linked site or the practices of these websites (including without limitation, their privacy and data gathering policies and practices). You assume all risk of use thereof.
From time to time we may offer third party products and services for purchase by users. These products and services are subject to the policies, representations and warranties that those third parties generally provide to their customers with respect to such products and services and we provide no representations or warranties whatsoever regarding them.
10. Disclaimer of Warranties
THIS WEBSITE IS PROVIDED BY OUTPOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE CONTENT, THE PRODUCTS OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE, THE CONTENT, THE PRODUCTS OR THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OUTPOST AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE AS TO THE WEBSITE, THE CONTENT, THE PRODUCTS OR THE SERVICES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11. Limitation of Liability
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL OUTPOST, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF OUTPOST OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL OUTPOST, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF OUTPOST, EVEN IF OUTPOST OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO CASE WILL OUTPOST’S, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’ AND THEIR RESPECTIVE DIRECTORS’, OFFICERS’ AND EMPLOYEES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE MORE THAN THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS THIS WEBSITE OR TO OBTAIN CONTENT, SERVICES OR PRODUCTS, IN THE YEAR IN WHICH THE CLAIM AROSE.
WE ASSUME NO OBLIGATION TO UPDATE THE CONTENT ON THIS WEBSITE. THE CONTENT MAY BE CHANGED WITHOUT NOTICE TO YOU. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. WE DISCLAIM ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE.
12. Indemnity
You agree to indemnify and hold Outpost, and its subsidiaries, affiliates, officers, agents, partners, directors and/or employees, harmless from any actions, proceedings, costs, liabilities, expenses, claims or demands, including reasonable attorneys' fees, sustained, incurred or paid by us arising directly or indirectly in respect of: i) any information or other content you provide on or through this Website or by e-mail or other correspondence; or ii) your use or misuse of this Website or its Content, including, without limitation, your violation of these Terms or your violation of any rights of another.
13. Cooperation with Authorities
We reserve our rights to disclose any information as necessary to satisfy any law, regulation, or governmental request or investigate suspected violations of these Terms, including the gathering of information from the user(s) involved and the complaining party, if any, and examination of material on our servers and network. Violations of these Terms may subject you to criminal or civil liability or other legal action. You consent to and authorize us, our affiliates and agents to cooperate with: (i) law enforcement authorities or governmental agencies in the investigation of suspected violations of applicable law; and (ii) system administrators or other Internet service providers or other network or computing facilities to enforce these Terms. Such cooperation may include the provision of usernames, IP addresses, or other identifying information. We may terminate, without notice, your access and use of the Website or the purchase of products and services from us and/or our suppliers, if, in our sole discretion, you have violated these Terms.
14. Changes
We reserve the right to change these Terms at our sole discretion. Changes are effective on the date they are posted (which you can determine by looking at the top of this page). We recommend that you print a copy of these Terms for future reference and revisit these Terms from time to time to ensure you are aware of any changes. It is your responsibility to review these Terms for changes. Your continued use of the site signifies your acceptance of any changed Terms.
15. Governing Law
We control the Website (excluding third party linked sites) from our corporate offices within the province of Ontario, Canada. By visiting the Website, you agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Outpost. Choice of law principles and the United Nations Convention for the International Sale of Goods and any legislation implementing such Convention are hereby expressly excluded. We make no representation that the Website or Content is appropriate or available for use in other locations. Accessing the Website or Content from jurisdictions where they are illegal is prohibited. If you choose to access this Website from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction.
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Website and its Content and your purchase of any products or services. The Content and/or products and services available through the Website may be subject to Canadian export controls.
To the maximum extent permitted by law, you agree to waive any right you may have to: i) a trial by jury; and ii) commence or participate in any class action against us related to this Website, the Content, services or products or these Terms. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
16. Survival
In the event of termination of your access to or use of the Website or its Content, the provisions respecting your representations, warranties and indemnities; our disclaimer of warranties and limitations of liability; governing law; copyrights; and trademarks will survive unless waived in writing by Outpost.
17. Severance
If any provision of these Terms will be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms, will not affect the validity and enforceability of any remaining terms and will be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. The section titles are for convenience only. Our failure to enforce these Terms, for whatever reason, will not be construed as a waiver of any right to do so at any time.
18. Basis of Bargain
The limited warranty, exclusive remedies and limited liability set out herein are fundamental elements of the basis of the bargain between us. We would not be able to provide the Website, the Content or the products and services on an economic basis without such limitations.
1. Acceptance of Terms
These Terms of Use (the “Terms”) apply to all users of tanyourmind.com (the “Website”), and to all products, services, resources, information, materials and other content available on the Website (which we collectively refer to in these Terms as the “Content”). The Website is operated by Outpost Incorporated (“Outpost”, “we”, “us”, “our” and similar references).
THESE TERMS CONTAIN CERTAIN INDEMNITIES, LIMITATIONS OF LIABILITY AND RESTRICTED WARRANTIES. BY ACCESSING THE WEBSITE, YOU ARE DEEMED BY US TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY AND TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITE.
2. Privacy Policy
You understand that by using the Website, you consent and agree to the collection and use of certain information about you and your use of the Website, in accordance with our Privacy Policy, which is incorporated into these Terms by reference. For more information, please read our full privacy policy at privacy@tanyourmind.com.
3. Copyright Policy
You understand that by using the Website, you consent and agree to the terms of the Outpost Copyright Policy, which is incorporated into these Terms by reference. For more information, please read our full copyright policy at copyright@tanyourmind.com .
4. Additional Terms
Your use of certain resources made available on the Website or your participation in certain transactions on the Website (such as on-line purchases) may be subject to additional terms and conditions, which we will make available to you prior to or at the time you access these resources or conduct these transactions.
5. Intellectual Property and License
You acknowledge and agree that Outpost and/or its licensors own all legal right, title and interest in and to the Website, and any Content (other than User Submissions, as defined below) provided to you as part of and/or in connection with the Website, including, without limitation, text, documents, notes, case studies, brochures, graphics, logos, button icons, images, design elements, products, software, text, audio, music, and all other materials originated or used by us at the Website and any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You also acknowledge that the compilation of all Content and User Submissions on this Website is our exclusive property and is protected by Canadian law and international treaties.
“OUTPOST”, “Tan Your Mind” and the Outpost and Tan Your Mind logos are trademarks of Outpost and may be registered in certain jurisdictions. Other Outpost and Tan Your Mind graphics, logos, page headers, button icons, scripts, product names, and Website names are trademarks or trade dress of Outpost. All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Outpost. The display of trademarks and trade names on this site does not convey or create any license or other rights in these marks or names. Any use of them is strictly prohibited. All rights reserved.
We grant you a personal, non-commercial, non-exclusive, non-transferable, limited license to access and use the Content as provided to you by Outpost as a part of the Website and in accordance with these Terms, provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, sell, lease, sublicense, assign or otherwise transfer any right in the Website or its Contents. This license does NOT include and expressly prohibits: (i) any resale or commercial use of this Website or its Content; (ii) any derivative use of this Website or its Content; or (iii) any use of data mining, robots, spiders, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or proprietary information (including images, video, text, page layout, or form) of Outpost without our express prior written consent. Any unauthorized use terminates the permission or license granted by us under these Terms.
If you send us creative materials, suggestions, feedback or other information (not including User Submissions, as defined below), you agree not to assert any ownership right of any kind in your submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. Any feedback provided to us regarding the Website may be used by us without restriction or accounting to you, including our utilization of such feedback in products, services or marketing or other collateral.
6. User Submissions
The Website allows you to submit your own stories, photos and other electronic data, materials or content (“User Submissions”), provided you comply with these Terms. You understand and agree that whether or not such User Submissions are published, we do not guarantee confidentiality with respect to any submissions.
You retain all of your ownership rights in any User Submissions you make on the Website. However, by submitting the User Submissions to us, you hereby grant Outpost a worldwide, perpetual, non-exclusive, royalty-free and sub-licensable license to use, publish, reproduce, prepare derivative works of, display, modify, edit, translate and adapt the User Submissions for the purposes of publication or distribution by Outpost in any format or medium now known or later developed. Outpost may sub-license the rights granted above to any third party involved in the operation of Outpost’s business and/or assign such rights to any assignee of Outpost’s business, without notice to you. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website under these Terms. You acknowledge that the User Submissions will be subject to criticism both by us and by the users of the Website and we reserve the right to publish any criticism of your User Submissions at its discretion and cannot guarantee that such criticism will be constructive. If you are likely to take offence at certain criticism, you should not submit the User Submission to us.
In connection with your User Submissions, you affirm, represent, and/or warrant that:
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all if your User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms; (ii) (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in your User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Submissions in the manner contemplated by the Website and these Terms; (iii) you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (iv) you will not submit material or transmit a message that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, depictive of a person under eighteen (18) years of age in sexual activity or has as its dominant characteristic the depiction of a minor’s sexual organs or anal region, advocating of sexual activity with a minor which would be an offence under the Criminal Code of Canada, depictive of sexually explicit nudity, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; and (v) you will not submit material or otherwise provide us with personal information about another person without that person’s explicit permission or confidential information or information that is false or misleading.
You understand that all your User Submissions, whether publicly posted or privately transmitted on the Website, are your sole responsibility. This means that you, and not Outpost, are solely responsible for any user Submissions you upload, download, post, email, transmit, store or otherwise make available through your use of the Website.
You acknowledge that we are not responsible or liable in any way for any content provided by others and have no duty to pre-screen such User Submissions. However, we reserve the right at all times to determine whether User Submissions are appropriate and in compliance with these Terms, and may pre-screen, move, refuse, modify and/or remove User Submissions at any time, without prior notice and in its sole discretion, if such User Submissions are found to be in violation of these Terms or is otherwise objectionable.
Where your User Submissions have not been published or distributed by Outpost or its sub-licensees, the above licenses granted by you in your User Submissions may be terminated by you within a commercially reasonable time after you remove or delete your User Submissions from the Website.
7. Your Account
In the event you create or are provided with an account in order to utilize certain restricted portions of the Website, in consideration of permitting you access to such portions of this Website (the “Service”), you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information being the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or we have had reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website or Service (or any portion thereof). If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in writing of any unauthorized use of your user account, or other account-related breach of which you become aware. Children under the age of 13 may not create user accounts and children over 13 and under 18 should seek the permission of their parent or guardian to create an account, who must agree to these Terms on their behalf.
8. Accuracy
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or Content of this site is accurate, complete, reliable, current, or error-free.
9. Third Party Sites and Products
We may provide links to various third party websites solely as a convenience for our users and these terms DO NOT apply to such sites. Such sites are not under our control or direction and we have not reviewed them. We do not endorse or sponsor, and we are not responsible or liable for, the contents, products or services available at any such linked site or the practices of these websites (including without limitation, their privacy and data gathering policies and practices). You assume all risk of use thereof.
From time to time we may offer third party products and services for purchase by users. These products and services are subject to the policies, representations and warranties that those third parties generally provide to their customers with respect to such products and services and we provide no representations or warranties whatsoever regarding them.
10. Disclaimer of Warranties
THIS WEBSITE IS PROVIDED BY OUTPOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE CONTENT, THE PRODUCTS OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE, THE CONTENT, THE PRODUCTS OR THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OUTPOST AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE AS TO THE WEBSITE, THE CONTENT, THE PRODUCTS OR THE SERVICES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11. Limitation of Liability
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL OUTPOST, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF OUTPOST OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL OUTPOST, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF OUTPOST, EVEN IF OUTPOST OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO CASE WILL OUTPOST’S, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’ AND THEIR RESPECTIVE DIRECTORS’, OFFICERS’ AND EMPLOYEES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE MORE THAN THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS THIS WEBSITE OR TO OBTAIN CONTENT, SERVICES OR PRODUCTS, IN THE YEAR IN WHICH THE CLAIM AROSE.
WE ASSUME NO OBLIGATION TO UPDATE THE CONTENT ON THIS WEBSITE. THE CONTENT MAY BE CHANGED WITHOUT NOTICE TO YOU. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. WE DISCLAIM ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE.
12. Indemnity
You agree to indemnify and hold Outpost, and its subsidiaries, affiliates, officers, agents, partners, directors and/or employees, harmless from any actions, proceedings, costs, liabilities, expenses, claims or demands, including reasonable attorneys' fees, sustained, incurred or paid by us arising directly or indirectly in respect of: i) any information or other content you provide on or through this Website or by e-mail or other correspondence; or ii) your use or misuse of this Website or its Content, including, without limitation, your violation of these Terms or your violation of any rights of another.
13. Cooperation with Authorities
We reserve our rights to disclose any information as necessary to satisfy any law, regulation, or governmental request or investigate suspected violations of these Terms, including the gathering of information from the user(s) involved and the complaining party, if any, and examination of material on our servers and network. Violations of these Terms may subject you to criminal or civil liability or other legal action. You consent to and authorize us, our affiliates and agents to cooperate with: (i) law enforcement authorities or governmental agencies in the investigation of suspected violations of applicable law; and (ii) system administrators or other Internet service providers or other network or computing facilities to enforce these Terms. Such cooperation may include the provision of usernames, IP addresses, or other identifying information. We may terminate, without notice, your access and use of the Website or the purchase of products and services from us and/or our suppliers, if, in our sole discretion, you have violated these Terms.
14. Changes
We reserve the right to change these Terms at our sole discretion. Changes are effective on the date they are posted (which you can determine by looking at the top of this page). We recommend that you print a copy of these Terms for future reference and revisit these Terms from time to time to ensure you are aware of any changes. It is your responsibility to review these Terms for changes. Your continued use of the site signifies your acceptance of any changed Terms.
15. Governing Law
We control the Website (excluding third party linked sites) from our corporate offices within the province of Ontario, Canada. By visiting the Website, you agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Outpost. Choice of law principles and the United Nations Convention for the International Sale of Goods and any legislation implementing such Convention are hereby expressly excluded. We make no representation that the Website or Content is appropriate or available for use in other locations. Accessing the Website or Content from jurisdictions where they are illegal is prohibited. If you choose to access this Website from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction.
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Website and its Content and your purchase of any products or services. The Content and/or products and services available through the Website may be subject to Canadian export controls.
To the maximum extent permitted by law, you agree to waive any right you may have to: i) a trial by jury; and ii) commence or participate in any class action against us related to this Website, the Content, services or products or these Terms. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
16. Survival
In the event of termination of your access to or use of the Website or its Content, the provisions respecting your representations, warranties and indemnities; our disclaimer of warranties and limitations of liability; governing law; copyrights; and trademarks will survive unless waived in writing by Outpost.
17. Severance
If any provision of these Terms will be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms, will not affect the validity and enforceability of any remaining terms and will be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. The section titles are for convenience only. Our failure to enforce these Terms, for whatever reason, will not be construed as a waiver of any right to do so at any time.
18. Basis of Bargain
The limited warranty, exclusive remedies and limited liability set out herein are fundamental elements of the basis of the bargain between us. We would not be able to provide the Website, the Content or the products and services on an economic basis without such limitations.