By accessing, viewing, browsing or otherwise using (all of which shall be referred to as "using" in these Terms and Conditions of Use) www.genuineguidegear.com (the "Website"), you ("you" or the "User") agree to be bound by and comply with these Terms and Conditions of Use. Genuine Guide Gear Inc.("we" or "G3") may at any time revise these Terms and Conditions of Use by updating this posting and may also make changes to the content or any links provided on the Website at any time. By using the Website, you agree to be bound by any such revisions and should therefore periodically review these Terms and Conditions of Use.
1. Terminating the Website:
G3 retains the right at any time to discontinue, modify, or temporarily or permanently terminate the Website with or without notifying you. If we discontinue, modify or terminate the site in whole or in part, we will not be liable to you or any third party for such discontinuance, modification or termination.
2. Viruses; Destruction of the Website:
You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs intended to or which does interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment including G3's systems. You also agree not to interfere with the servers or networks connected to the site or to disobey any requirements, procedures, policies or regulations of networks connected to the site. Any attempt by a user to deliberately damage the Website or to undermine the operation of any aspect or component of the Website constitutes a violation of criminal and civil laws.
3. Use of Content on the Website:
You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used, without G3's permission, except as provided for in these Terms and Conditions of Use or in any other text appearing in the Website. G3 neither warrants nor represents that your use of materials displayed on the Website will not infringe any rights of third parties not owned by or affiliated with G3.
4. Accuracy of Information:
While G3 makes reasonable efforts to include accurate and up to date information on the Website, we make no warranties or representations as to the accuracy of any information appearing on the Website. G3 assumes no liability or responsibility for any errors or omissions in the content of the Website.
5. Limitation of Liability and Release:
Your use of the Website is solely at your own risk. Neither G3 nor any other party involved in creating, producing, or delivering the Website shall in any event be liable for any direct, incidental, economic, consequential, indirect, punitive, special or exemplary damages arising out of your use of the Website and any materials contained on or available through the Website (even if G3 has been advised of the possibility of such damages) under contract, tort, equity, or any other theory of liability or responsibility (including, without limitation, negligence). Without limiting the generality of the foregoing, everything on the Website is provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. By using the Website, you agree to release G3 and its affiliates and their employees, agents, and suppliers from any and all liability for injuries or damages resulting from your use of the Website.
6. Your Communications to G3:
G3 is free to use any ideas, concepts, know-how, or techniques contained or described in any communication you send to G3 without further compensation or payment to you and for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and creating, modifying or improving the Website.
7. Images on the Site:
Images of people, places or any other item displayed on the Website are either G3's intellectual property or are used by G3 with the permission of third parties. The use of these images by you or anyone else authorized by you is prohibited unless specifically permitted by these Terms and Conditions of Use or elsewhere on the Website. Any unauthorized use of any image appearing on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
G3 has not reviewed any of the websites, if any, linked to the Website and is not responsible for the content of any off-site pages or links to any other sites. The inclusion of a link does not imply G3's endorsement of the linked website. Viewing all other sites is done solely at your own risk.
9. Communications on the Site:
Although G3 may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like which may appear from time to time on the Website, G3 is under no obligation to do so and assumes no responsibility or liability arising from the content of any such communications nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such communications on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. G3 will fully cooperate with any law enforcement authorities or court order requesting or directing G3 to disclose the identity of anyone posting any such information or materials.
10. Entitlement to Use:
By using the Website, you represent and warrant to G3 that you have all rights and entitlement necessary to use the Website in your country and jurisdiction, and that you are not violating any laws, policies, regulations or other restrictions of your country and jurisdiction to which you may be subject by using the Website.
All of the trademarks, logos, and service marks (collectively referred to as the "Trademarks") displayed on the Website are registered or unregistered trademarks of G3 or of third parties who have authorized their use by G3. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of G3 or owner of the Trademarks. Your misuse of the Trademarks or any other content displayed on the Website, except as provided for in these Terms and Conditions of Use, is strictly prohibited.
All e-mail sent to G3 should be generated by the person in whose name the e-mail account is registered. E-mail shall not mask the identity of the submitter by using a false name or someone else's name or account. G3 will use your e-mail address and the content of any e-mail only for correspondence purposes and to meet our legal and regulatory requirements with regard to customer communications.
13. Governing Law; Severability:
The Website, your use of the Website, and these terms and conditions of use shall be governed by the laws of the Province of British Columbia, and any dispute arising out of or in connection with the Website or your use of the Website or these Terms and Conditions of Use shall be heard in the British Columbia courts, in the City of Vancouver. If any court of competent jurisdiction finds that any provision contained in these Terms and Conditions of Use is invalid, you agree that the remaining provisions shall remain in full force and effect.