TERMS of service
OVERVIEW
This website is operated by Firehouse Clothing Company. Throughout the site, the terms “we”, “us” and “our” refer to Firehouse Clothing Company. Firehouse Clothing Company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE
STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use
our products for any illegal or unauthorized purpose nor may you, in the use of
the Service, violate any laws in your jurisdiction (including but not limited
to copyright laws).
You must not
transmit any worms or viruses or any code of a destructive nature.
A breach or
violation of any of the Terms will result in an immediate termination of your
Services.
SECTION 2 -
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand
that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks
or devices. Credit card information is always encrypted during transfer over
networks.
You agree not to
reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service or any contact on the website
through which the service is provided, without express written permission by
us.
The headings used
in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
SECTION 3 -
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may
contain certain historical information. Historical information, necessarily, is
not current and is provided for your reference only. We reserve the right to
modify the contents of this site at any time, but we have no obligation to
update any information on our site. You agree that it is your responsibility to
monitor changes to our site.
SECTION 4 -
MODIFICATIONS TO THE SERVICE AND PRICES
Prices are in CANADIAN DOLLARS. Prices for our
products are subject to change without notice.
We reserve the
right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time.
We shall not be
liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products
or services may be available exclusively online through the website. These
products or services may have limited quantities and are subject to return or
exchange only according to our Return Policy.
We have made every
effort to display as accurately as possible the colours and images of our
products that appear at the store. We cannot guarantee that your computer
monitor's display of any colour will be accurate.
We reserve the
right, but are not obligated, to limit the sales of our products or Services to
any person, geographic region or jurisdiction. We may exercise this right on a
case-by-case basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products or product
pricing are subject to change at anytime without notice, at the sole discretion
of us. We reserve the right to discontinue any product at any time. Any offer
for any product or service made on this site is void where prohibited.
We do not warrant
that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in
the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to
provide current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and
other information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact you as
needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you
with access to third-party tools over which we neither monitor nor have any
control nor input.
You acknowledge
and agree that we provide access to such tools ”as is” and “as available”
without any warranties, representations or conditions of any kind and without
any endorsement. We shall have no liability whatsoever arising from or relating
to your use of optional third-party tools.
Any use by you of
optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the terms
on which tools are provided by the relevant third-party provider(s).
We may also, in
the future, offer new services and/or features through the website (including,
the release of new tools and resources). Such new features and/or services
shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content,
products and services available via our Service may include materials from
third-parties.
Third-party links
on this site may direct you to third-party websites that are not affiliated
with us. We are not responsible for examining or evaluating the content or
accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are not liable
for any harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party's policies and
practices and make sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our
request, you send certain specific submissions (for example: photos for our gallery) or
without a request from us you send creative ideas, suggestions, proposals,
plans, or other materials, whether online, by email, by postal mail, or otherwise
(collectively, 'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in
any medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation
for any comments; or (3) to respond to any comments.
We may, but have
no obligation to, monitor, edit or remove content that we determine in our sole
discretion are unlawful, offensive, threatening, libellous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service.
You agree that
your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary
right. You further agree that your comments will not contain libellous or
otherwise unlawful, abusive or obscene material, or contain any computer virus
or other malware that could in any way affect the operation of the Service or
any related website. You may not use a false e-mail address, pretend to be
someone other than yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any comments you make and
their accuracy. We take no responsibility and assume no liability for any
comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of
personal information through the store is governed by our Privacy Policy. To
view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there
may be information on our site or in the Service that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any
information in the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).
We undertake no
obligation to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied in the Service or
on any related website, should be taken to indicate that all information in the
Service or on any related website has been modified or updated.
SECTION 12 -
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not
guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant
that the results that may be obtained from the use of the service will be
accurate or reliable.
You agree that
from time to time we may remove the service for indefinite periods of time or
cancel the service at any time, without notice to you.
You expressly
agree that your use of, or inability to use, the service is at your sole risk.
The service and all products and services delivered to you through the service
are (except as expressly stated by us) provided 'as is' and 'as available' for
your use, without any representation, warranties or conditions of any kind,
either express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall
Firehouse Clothing Company, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for
any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement costs, or
any similar damages, whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of any of the service or
any products procured using the service, or for any other claim related in any
way to your use of the service or any product, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to
indemnify, defend and hold harmless Firehouse Clothing Company and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made
by any third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your violation of
any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that
any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations
and liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes.
These Terms of
Service are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer
wish to use our Services, or when you cease using our site.
If in our sole
judgment you fail, or we suspect that you have failed, to comply with any term
or provision of these Terms of Service, we also may terminate this agreement at
any time without notice and you will remain liable for all amounts due up to
and including the date of termination; and/or accordingly may deny you access
to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us
to exercise or enforce any right or provision of these Terms of Service shall
not constitute a waiver of such right or provision.
These Terms of
Service and any policies or operating rules posted by us on this site or in
respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions
of the Terms of Service).
Any ambiguities in
the interpretation of these Terms of Service shall not be construed against the
drafting party.
SECTION 18 - GOVERNING LAW
These Terms of
Service and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the laws of Ontario, Canada.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the
most current version of the Terms of Service at any time at this page.
We reserve the
right, at our sole discretion, to update, change or replace any part of these
Terms of Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any changes
to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about
the Terms of Service should be sent to us at info@firehouseclothing.ca.