Website Terms of Use
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LAST UPDATED: AUGUST 13, 2020
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE CANADA GOOSE WEB SITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. These terms and conditions apply to the web site located at www.canadagoose.com (the “Web Site”) and the design and content featured on this Web Site including text, materials, clothing and other product designs, product information, graphics, artwork, images, so-called “look and feel”, photography, audio and video clips or content, employment opportunities, software, data and other information on this Web Site as may be updated from time to time (the “Content”). By accessing and using this Web Site and the Content, you agree to be bound by these terms and conditions. These terms and conditions may change from time to time without prior notice to you, and you agree to be bound by the terms and conditions which are in effect each time you access this Web Site and/or the Content. If you do not agree with these terms and conditions, do not access or use the Web Site or the Content.
1. Consent and restrictions
Please note that your use of this Web Site and/or the Content constitutes your unconditional agreement to follow and be bound by these terms and conditions. Although you may “bookmark” a particular portion of this Web Site and thereby bypass this Agreement, your use of this Web Site still binds you to the terms of the Agreement. We recommend that you print or save a copy of these terms and conditions for future reference. We reserve the right, at any time, to modify, suspend or discontinue our Web Site and/or any Content without notice to you.
2. Web site content ownership and permitted use
The Web Site and Content and all intellectual property rights in the Web Site and Content are owned by Canada Goose Inc. or its affiliates (“Canada Goose, “we” or “us”) or others who have permitted us to display content owned by them. You may view the Content and print or save one copy of any portion of the Content for personal, non-commercial use provided that you do not modify the Web Site, the Content, or any copyright or other proprietary notices on any Content. Notwithstanding the foregoing, music may not be copied except only as necessary to access the Web Site. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any part of the Web Site or the Content. The Content is protected by law, including, but not limited to, Canadian copyright law and international treaties, trade-marks, trade dress and/or other proprietary rights. Except for the limited rights granted above, all other rights are reserved. The Content is for information purposes only, and should not be relied upon as accurate, timely or fit for any particular purpose. Any pricing set out on the Web Site or in the Content is for informational purposes only and is not an offer open for acceptance by you.
We do not represent that Content available on or through our Web Site is appropriate for use or available in all locations. Except to the extent that local language translations are available, our Web Site is available in English language only. By accessing and using our Web Site, you agree to access the Web Site and its content and associated legal terms in English.
3. Links to third party web sites
We do not endorse or guarantee the accuracy of content, information or materials contained in any third party’s web site whose link appears on the Web Site. These links are provided for convenience only, and you access the links at your own risk and by accessing them you leave our Web Site and our terms and policies no longer govern. Canada Goose is not liable for such third-party web sites or their contents nor does Canada Goose have any control or power over such third-party web sites.
4. Trade-marks
“CANADA GOOSE,” “CANADA GOOSE ARCTIC PROGRAM & Design” and “CANADA GOOSE EXPEDITION CLOTHING OUTFITTERS & Design” and any other trade-marks, trade names, logos, slogans and images are trade-marks of Canada Goose in Canada, the EU and other countries and may not be copied, imitated or used, in whole or in part, without the prior written permission of Canada Goose or the applicable trademark holder.
5. User content
By posting or distributing any comment, message, data, information (excluding any information that you submit to us in connection with employment opportunities, which we shall treat in accordance with our Privacy Policy), text, music, sound, photos, graphics, or other content (“User Content”) to the Web Site, you (a) grant to Canada Goose and its designees a nonexclusive, royalty-free, perpetual, transferable, irrevocable and sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Content throughout the world; (b) grant Canada Goose and its sublicensees the right to use the name that you submit in connection with such User Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Content to or through the Web Site; (ii) the User Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Content does not violate the law or these Terms of Use and will not violate any rights of or cause injury or offence to any person or entity.
User Content submitted by users is deemed non-confidential, and we are under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, we reserve the right to use the User Content as we deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. We are under no obligation to offer you any payment for User Content or to attribute authorship of User Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby agree that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of, or upgrades or updates thereto; (b) you do not oppose the publication, use, modification, deletion and exploitation of the User Content by Canada Goose or its agents; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Content; and (d) you release Canada Goose from any claims that you could otherwise assert against Canada Goose by virtue of any moral rights. Canada Goose takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
6. Prohibited or unlawful use
You represent and warrant that you will not use our Web Site and/or the Content for any purpose that is either unlawful or prohibited by any of these Web Site Terms of Use. You agree not to provide your personal profile sign-in information and password to any person and not to use our Web Site and/or the Content in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use and enjoyment of our Web Site. You may not misrepresent your identity as a user or submit any false, misleading or untrue documentation or information to our Web Site. You agree not to send unsolicited or unauthorized advertising, solicitations, spam, junk mail or harvest or collect email addresses or other contact information of other users from the Web Site for the purposes of sending spam. You agree not to reserve engineer any aspect of the Web Site or use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Web Site or to extract data. You agree not to “frame” the Web Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose. Canada Goose, in its sole and unfettered discretion, reserves the right, without prejudice to any rights or claims that we may have against you, to refuse service, terminate or suspend accounts, and/or restrict your use of all or any part of our Web Site for any reason whatsoever, including, without limitation, if we believe that your use of our Web Site contravenes these Web Site Terms of Use, violates applicable law or is harmful to Canada Goose’s interests.
7. Disclaimer and limitation of liability
The web site and the content are for general information only and are provided “as is” without warranty or condition of any kind. Use of the web site or the content is at your own risk. We do not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the web site or the content and do not assume any responsibility for any errors, omissions or inaccuracies in the web site or the content. Without limiting the foregoing, you acknowledge that Canada Goose does not represent or warrant that this web site will be accessible without interruption or that this web site or the server that makes this website available are free from errors, defects, design flaws or omissions or from viruses or other harmful components. To the fullest extent permitted by law, we disclaim all warranties, representations and conditions of any kind with respect to the web site and the content whether express, implied or collateral, including, without limitation, implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the website or the content are or will be error-free or will operate without interruption. In no event will we be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory whatsoever, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive damages, loss of profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not we are advised of the possibility of such damages, resulting from the use of, or the inability to make use of, the web site or the content. Canada Goose is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the web site or any content on the web site, or with any of Canada Goose’s terms of use, your sole and exclusive remedy is to discontinue using the web site.
Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Different limitations and exclusions of liability will apply in relation to our supply of any products to you, which are set out in our Terms and Conditions of Sale.
8. Indemnity
You agree to forthwith defend, fully indemnify and hold Canada Goose, including its affiliates, subsidiaries, and their respective officers, directors, agents and employees, completely harmless from and against any and all loss, actions, claims, damages, costs and expenses, including reasonable legal fees and disbursements on a full indemnity basis, arising from or related to your use of the Web Site, including any Content on the Web Site, and your User Content. This provision shall survive the termination of this Agreement and remain in full force and effect.
9. Privacy
Please review our practices set-out in our Privacy Policy, the terms of which are incorporated herein by reference, which also governs your use of this Web Site. Any personal information you submit to us in connection with your use of this Web Site will be used in accordance with our Privacy Policy.
10. Review of transmissions
Canada Goose may, from time to time, monitor and review any information transmitted or received through our Web Site or its associated emails. Canada Goose reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that we, in our sole and unfettered discretion, deem inappropriate or in violation of these Web Site Terms of Use. During monitoring, the information may be examined, recorded or copied, and your use of this Web Site constitutes your consent to such monitoring and review. We take no responsibility nor do we assume any liability for any content posted or submitted by you.
11. Purchases from the Canada Goose online store
If you are making a purchase from Canada Goose’s online store, you hereby confirm that you have read and understood the Canada Goose Terms and Conditions of Sale, the terms of which are incorporated herein by reference, and agree to abide by those terms.
12. General
This Web Site Terms of Use together with the agreements and policies referenced herein (the “Agreement”), represents the complete agreement between you and us in relation to the matters covered by this Agreement and supersedes all prior agreements and representations between you and us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure by Canada Goose to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. We may assign our rights and obligations under this Agreement to any party at any time without notice to you. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any action or proceeding arising out of or related to this Agreement or your use of this Web Site must be brought in the courts of the Province of Ontario located in Toronto, Ontario and you hereby irrevocably attorn to the jurisdiction of the courts in the Province of Ontario for all such purposes. If you are habitually resident in the EU, you may alternatively resolve such an action or proceeding in any competent court in your country of residence that has jurisdiction over the claim.
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