1. Acceptance of Terms.
2. Content Use and Restrictions.
(a) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
(c) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to us or such marks’ respective owners. Our marks include, but are not limited to, the following: RYDERS; RYDERS EYEWEAR; THE RYDERS EYEWEAR ICON; BUGABOOS; antiFOG; and, VELOPOLAR™. You may not display or reproduce the Marks other than with our prior written consent, and you may not remove or otherwise modify any trademark notices from any Content.
If you submit any feedback or ideas about our products and services to this Site, you hereby assign and agree to assign to Company all right, title and interest in and to such feedback.
Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Company reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.
8. Links to Third Party Websites
The Site may contain links to websites and other resources operated by third parties other than Company. Such links are provided solely as a convenience to you. We do not control such websites, and are not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
9. No Use by Minors
The Site is intended for use by adults only. If you use the Site to purchase products, you represent that you are of legal age to enter into any purchase agreement through the Site and become bound by its terms.
10. Product Purchases
11. Pricing and Shipment
Products which may be purchased from the Site are available for sale and distribution to customers in Canada and the United States only. All products purchased from Company are delivered to you by a third-party delivery company, pursuant to a separate shipping contract. You shall become the owner of the product(s) and assume the risk of loss at the time of delivery by us of the product(s) to the third-party shipping company.
12. Warranties and Disclaimer
13. Limitation of Liability
RYDERS EYEWEAR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy. Because certain federal, local or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.
You agree to defend, indemnify and hold harmless Company, its affiliates and related companies and each of their respective directors, officers, employees and agents, against any and all claims, losses, liabilities, expenses (including attorney’s fees) and costs arising out of your use of the Site or your breach of the Terms & Conditions.
15. Governing Law
All disputes, arbitration proceedings, lawsuits and other hearings or actions initiated in connection with the Site, your purchase and/or the Content must and will be governed exclusively by the laws of Vancouver, British Columbia, Canada.
16. Dispute Resolution
17. Contacting Us
BY E-MAIL: [email protected]
BY PHONE: 1-800-665-2903
BY POST MAIL: Bugaboos Eyewear Corporation
758 Harbourside Drive
North Vancouver, BC V7P 3R7