THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ IT CAREFULLY. YOUR USE OF OUR SITE IS SUBJECT TO THESE TERMS.
ACCEPTANCE AND MODIFICATION OF TERMS
You acknowledge that you have reviewed these Terms in their entirety, that you agree to these Terms in their currently-posted form, and that these Terms constitute binding and enforceable obligations on you. You may also be asked to re-acknowledge and re-accept these Terms following any material changes. If the modified Terms are not acceptable to you, your only recourse is to cease using our services and our Site. foufouBRANDS reserves the right to refuse service, terminate accounts, or remove or edit Content (defined below) on the Site at any time in its sole discretion.
INTENDED USE OF OUR SITE
CONTENT ON OUR SITE
Content is owned by foufouBRANDS, our affiliates or our licensors, and is protected by copyright, trademark and other laws and regulations of Canada, the United States and foreign jurisdictions. You may not use Content in any way not expressly permitted by these Terms and if you do, your right to use the Content will automatically terminate. Unless expressly stated otherwise, you may not reproduce, modify, disseminate or otherwise exploit our Content in any way or form without our prior express written permission. The Site and its Content are protected by copyright law as well as other intellectual property rights. In particular, our Content and the Site display the trademarks, names, slogans, logos, characters and service marks (“Trademarks”) that belong to foufouBRANDS or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any copyright or Trademark displayed on our Site. Your use/misuse of the Trademarks or the copyrighted Content displayed on our Site, except as provided in these Terms, is strictly prohibited. foufouBRANDS will aggressively enforce its intellectual property rights to the fullest extent of the law, including monetary damages, civil penalties, and criminal prosecution. All rights not expressly granted herein are reserved.
USER CONTENT SUBMISSION
foufouBRANDS may include features on our Site that allow you to share your communications or content, including but not limited to product reviews and customer testimonials (“User Content”) with us and with other users of our Site. You agree you will not send, upload or transmit any User Content of any type that infringes or violates rights of any party, including without limitation, rights to privacy, publicity, personality or the right to one’s image; copyright, trademark, patent or other intellectual property rights; or violates these Terms.
Please note that we reserve the right to use any product reviews or customer testimonials for our marketing and promotional purposes. By submitting or otherwise exchanging User Content with us, you understand that all such information, whether publicly posted or privately transmitted, is the sole responsibility of the individual or person that submitted such User Content. You further agree that such User Content will not be considered or treated as confidential and may be seen, read, used or re-transmitted by foufouBRANDS or other users of our Site. You explicitly represent and warrant that you are the owner of any User Content that you submit or cause to be submitted or have all rights and licenses necessary regarding such User Content and hereby grant foufouBRANDS a royalty-free, perpetual, irrevocable, unrestricted, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content in any media or medium, or any form, format, or forum now known or hereafter developed. foufouBRANDS may sublicense its rights to any User Content through multiple tiers of sublicenses and you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials for such User Content. foufouBRANDS is under no obligation to monitor or use any User Content. If you elect to provide such User Content to us via the Site, foufouBRANDS has no obligations to you with respect to such ideas or suggestions and may use them, or not use them, in our sole discretion and for any purpose whatsoever.
In using our Site and providing User Content, you agree that we exclusively reserve the right to control the Content available on our Site and understand that we will comply and cooperate with any law enforcement authorities and/or court order requesting or directing us to disclose the identity of anyone that has posted information or materials to our Site. While we may monitor the Content on our Site, including User Content, we are under no obligation to do so and assume no responsibility or liability arising therefrom. You further agree that you are prohibited from posting or transmitting, through or in connection with the Site:
- any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing 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;
- any virus, worm, Trojan horse, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may, or is intended to, damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; and
- any material non-public information about a party without the proper authorization to do so.
In addition, you will not use our Site:
- for any fraudulent or unlawful purpose;
- to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including but not limited to rights to privacy, publicity, personality or the right to one’s image;
- to harvest or collect Personal Information about other users;
- to impersonate any person or entity, including foufouBRANDS or any of our affiliates or users;
- to falsely state or otherwise misrepresent your affiliation with any person or entity;
- to express or imply that we endorse any statement or posting you make, or any products or services you may offer;
- to interfere with or disrupt the operation of our Site or the servers or networks used to make the Site available, or violate any requirements, procedures, policies or regulations of such networks;
- to restrict or inhibit any other person from using the Site, including by hacking or defacing any portion of the Site;
- to advertise or offer to sell or buy any goods or services without our express prior written consent;
- to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
- to modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our Site;
- to remove any copyright, trademark or other proprietary rights notices from the Site or from materials originating from the Site;
- to frame or mirror any part of the Site without our express prior written consent;
- to create a database by systematically downloading and storing all or any Content from our Site; or
- to use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of our Site, without our express prior written consent.
LINKING; THIRD PARTY LINKS
ACCOUNTS, PASSWORDS and security
use of credit card
Upon completing the applicable form associated with the purchase of the product(s) that you have added to your shopping cart, and upon providing the requisite registration data, the credit card that you provided on the form (“Active Credit Card”) will be charged the applicable purchase price for the product(s), plus applicable shipping fees and sales tax.
pricing and currency
To better serve our customers, foufouBRANDS has developed unique pricing for each of its products for both the U.S. and Canadian markets. If you are a customer buying foufouBRANDS products in Canada (or ordering product(s) to an address in Canada), you will pay foufouBRANDS Canadian dollar retail prices (“Canadian Prices”). If you are a customer buying foufouBRANDS products in the U.S. (or ordering product(s) to an address in U.S.), you will pay foufouBRANDS’s U.S. dollar retail prices (“U.S. Prices”). The prices displayed to you on our Site will be quoting our Canadian Prices (denominated in Canadian dollars) if you are visiting our Site from a Canadian IP address or if you select our Canadian portal by clicking the “Canada” button in the footer of our Site. The prices displayed to you on our Site will be quoting our U.S. Prices (denominated in U.S. dollars) if you are visiting our Site from a U.S. IP address or if you select our U.S. portal by clicking the “USA” button in the footer of our Site. Orders shipping to Canada will only qualify for the Canadian Prices and orders shipping to the U.S. will only qualify for the U.S. Prices. foufouBRANDS reserves the right to change its Canadian Prices or U.S. Prices at any time in its sole discretion.
At this time, foufouBRANDS only fulfills orders to certain parts of Canada and the Continental USA. We do not ship to international markets, certain Canadian locations (Yukon, Nunavut or the Northwest Territories), or Hawaii, Puerto Rico or Alaska.
risk of loss
All items purchased from foufouBRANDS are made pursuant to a shipment contract. This means that risk of loss and title for such items pass to you upon our delivery to the carrier.
limitation of liability
The use of our Site, User Content and Content is at your own risk and they are provided “as is” without any express warranties or representations of any kind. Transmissions over the Internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of our Site, including information you provide to us on our Site. foufouBRANDS does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content.
To the fullest extent permitted by law, foufouBRANDS disclaims all warranties, express and implied, statutory and otherwise, including but not limited to the implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose regarding our Site or the use of our Site. We do not promise that our Site, nor any information, Content or materials made available through our Site will be accurate, reliable, complete, error free, or compatible with any particular hardware or software. foufouBRANDS further makes no representation or warranty regarding the statements, acts or omissions of any third parties, that our Site and any of their features will be available or that access will be uninterrupted or secure, or that defects or errors will be corrected, or that the Site or the servers or networks through which the Site is made available are secure or free of viruses or other harmful components.
In no event shall foufouBRANDS, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages.
If, for any reason, foufouBRANDS shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to the lesser of the total amount paid by you to access and use our Site or U.S. $1000, notwithstanding any claim that such remedy fails of its essential purpose. To the greatest extent permitted by law, no claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.
Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms shall always be construed to take full advantage of their meaning to the extent permitted by law, they may not be applicable to you. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold foufouBRANDS, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, costs, liabilities, and settlements including without limitation, reasonable legal and accounting fees, arising out of your use of or activities in connection with our Site or any allegation that User Content from you infringes or violates the intellectual property rights of others, or that otherwise arises out of your violation of these Terms.
termination and access cancelation
If you breach any of these Terms, foufouBRANDS has the right, at its sole discretion and without prior notice or refund of any payment, to suspend or disable your access to our services or our Site. We may terminate your access to our services or our Site at any time, without cause and you agree that we will have no liability to you if we do. If we disable your access, you will not be able to reestablish access without our permission. We are under no obligation to continue to support our services or our Site in any way or to provide you with updates or error corrections. Your rights under these Terms will terminate immediately and automatically, with or without notice in our sole discretion, if we cease to support our services or our Site. If you have registered with us for any services, you may cancel your account with us at any time by contacting us as set out below.
sweepstakes, contest and promotions
foufouBRANDS or its authorized partners may operate sweepstakes, contests, and promotions (“Promotions”) through our Site. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate, as they may contain additional important information about foufouBRANDS’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of such Official Rules conflict with these Terms, the terms and conditions of such Official Rules for each Promotion will control for that Promotion. Coupons, rebates and specific product offers will be subject to the specific terms and conditions that accompany the particular coupon, rebate or specific product offer.
controlling law and jurisdiction
These Terms and any action related thereto will be governed by the laws of the Province of Ontario, Canada without regard to its conflict of laws provisions. You expressly agree and personally submit to the exclusive jurisdiction of the courts of the Province of Ontario to adjudicate and resolve any dispute with foufouBRANDS, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, Content, or User Content. You hereby irrevocably waive your right to a jury trial or to claim that Province of Ontario is an inconvenient forum to hear claims and disputes.
entire agreement and assignment
enforcement and severability
The failure of foufouBRANDS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized foufouBRANDS representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Questions or comments regarding our Site, including reports of non-functioning links, should be submitted using our contact form or via mail to: foufouBRANDS, 2-85 West Wilmot Street, Richmond Hill, Ontario, L4B1K7 Canada or via email to: email@example.com. The parties have agreed that this contract and all related documents be drafted in English.