Website Terms of Use
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PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE CANADA GOOSE WEBSITE (INCLUDING OUR ONLINE STORE) AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. These terms and conditions (“Website Terms of Use”) apply to the website located at www.canadagoose.com (including subdomains of this website and our online store(s) accessible via this website) (the “Website”) and the design and content featured on this Website 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 Website as may be updated from time to time (the “Content”). By accessing and using this Website and the Content, you agree to be bound by these Website Terms of Use. These Website Terms of Use may change from time to time without prior notice to you, and you agree to be bound by the Website Terms of Use which are in effect each time you access this Website and/or the Content. We recommend that you review these Website Terms of Use each time you use the Website. If you do not agree with these Website Terms of Use, do not access or use the Website or the Content.
Consent and Restrictions
Please note that your use of this Website and/or the Content constitutes your unconditional agreement to follow and be bound by these Website Terms of Use. Although you may “bookmark” a particular portion of this Website and thereby bypass this Agreement, your use of this Website still binds you to the terms of the Agreement. We reserve the right, at any time, to modify, suspend or discontinue our Website and/or any Content without notice to you.
Website Content Ownership and Permitted Use
The Website and Content and all intellectual property rights in the Website and Content are owned by Canada Goose Inc. or its affiliates (“Canada Goose”, “we”, “us” or “our”) 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 Website, 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 Website. 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 Website or the Content. The Content is protected by law, including, but not limited to, Canadian and other applicable copyright laws and international treaties, trade-marks, 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 Website or in the Content is for informational purposes only and is not an offer open for acceptance by you.
Links to Third Party Websites
We do not endorse or guarantee the accuracy of content, information or materials contained in any third party’s website whose link appears on the Website. These links are provided for convenience only, and you access the links at your own risk and by accessing them you leave our Website and our Website Terms of Use, other terms and conditions and policies no longer govern. Canada Goose is not liable for such third party websites or their contents nor does Canada Goose have any control or power over such third party websites. In case you access a link to a third-party website via our Website, we recommend that you to read the terms, conditions and policies applicable to that third-party website.
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.
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 exclusively treat in accordance with our Privacy Policy), text, music, sound, photos, graphics, or other content (“User Content”) to the Website, you (a) grant to Canada Goose and its designees a nonexclusive, royalty-free, transferable, irrevocable and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Content throughout the world, for the entire duration of protection of the intellectual property rights (incl. copyrights) concerned; (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 Website; (ii) the User Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Content does not violate these Website Terms of Use and will not violate any rights of or cause injury 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 your 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 to 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.
Prohibited or Unlawful Use
You represent and warrant that you will not use our Website and/or the Content for any purpose that is either unlawful or prohibited by any of these Website Terms of Use. You agree not to provide your personal profile sign-in information and password to any person and not to use our Website 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 Website. You may not misrepresent your identity as a user or submit any false, misleading or untrue documentation or information to our Website. You agree not to send unsolicited or unauthorized advertising, solicitations, unsolicited commercial messages (e.g. spam, junk mail) or harvest or collect email addresses or other contact information of other users from the Website for the purposes of sending unsolicited commercial messages. You agree not to reverse engineer any aspect of the Website or use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data. You agree not to “frame” the Website or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose if that is not true. 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 accounts, and/or cancel orders for any reason whatsoever, including, without limitation, if we believe that your use of our Website contravenes these Website Terms of Use, violates applicable law or is harmful to Canada Goose’s interests.
Disclaimer and Limitation of Liability
THE WEBSITE AND THE CONTENT ARE FOR GENERAL INFORMATION ONLY AND ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE WEBSITE 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 WEBSITE OR THE CONTENT AND (AS FAR AS PERMITTED BY APPLICABLE LAW) DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE WEBSITE OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT CANADA GOOSE DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE 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 APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE 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 (AS FAR AS PERMITTED BY THE APPLICABLE LAW), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY WHATSOEVER, FOR ANY DAMAGES OR LOSSES 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 WEBSITE OR THE CONTENT. CANADA GOOSE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH ANY OF CANADA GOOSE’S WEBSITE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Certain laws and/or jurisdictions 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.
Indemnity
To the extent applicable by law, 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 Website, including any Content on the Website, and your User Content. This provision shall survive the termination of this Agreement and remain in full force and effect following termination of this Agreement.
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 Website. Any personal information you submit to us in connection with your use of this Website will be treated in accordance with our Privacy Policy. In case of any inconsistencies between these Website Terms of Use and the Privacy Policy, the Privacy Policy shall prevail.
Review of Transmissions
Canada Goose may, from time to time, monitor and review any information (including User Content) transmitted or received through our Website 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 the these Website Terms of Use. During monitoring, the information may be examined, recorded or copied, and your use of this Website 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 in connection with our Website.
Purchases from the Canada Goose Online Store (NL)
If you are making a purchase from Canada Goose’s online store (available via our Website), 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.
General
These Website Terms of Use, together with the agreements, policies and other terms and conditions referenced and/or incorporated 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 and transfer our rights and obligations under this Agreement to any other party (without, however, diminishing your rights and guarantees under this Agreement) and you hereby consent to such transfer in advance. If we have transferred our rights and obligations under the Agreement to a third party, you will be entitled to terminate the Agreement. The Agreement is governed by Ontario law, it being understood that this choice of law will in no event diminish the legal protection granted to Swedish consumers under the provisions of mandatory consumer protection legislation.