Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Greenworks Tools Canada Inc. licensee of the Greenworks Tools brand Greenworks Tools, operates our websites, microsites, mobile versions of these websites and mobile applications that expressly adopt and display or link to these Terms and that are owned, operated or controlled by Greenworks Tools Canada Inc. or any of its affiliates “Websites” as a service to its customers residing in Canada. We provide these Websites to you, and all users of these Websites agree that access to and use of the Websites are, subject to the following terms and conditions and other applicable law. All users of the Websites agree that access to and use of the Websites are subject to the following Terms. If you do not agree to the Terms, please do not use the Websites.
1. USER ELIGIBILITY
The Websites are available only to residents of Canada who are over the age of 18 and can form legally binding agreements. The products and services available on the Websites are available only in Canada. If you do not qualify, do not use the Websites. In addition, you should only access the Websites from within Canada as access to the Websites may be prohibited in countries outside of Canada. If you access the Websites from outside Canada, you do so at your own risk and you are responsible for complying with the laws and regulations of your territory of access.
We retain the right at our sole discretion to deny access to anyone to the Websites, at any time and for any or no reason, including, but not limited to, for violation of these Terms. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Special Note Regarding Children. The Websites are not intended for use by children under the age of 18 and, therefore, children under the age of 18 should not use the Websites. We will comply with the Children’s Online Privacy Protection Act and will not knowingly collect information from children under the age of 18. If you have children under the age of 18, you should not allow those children to use the Websites and you should always monitor your children’s use of the Internet. You should make your children aware that providing information about themselves over the Internet could be dangerous. Furthermore, parental control software is available to help you monitor your children’s use of the Internet and to block your children’s access to particular Internet sites.
2. OWNERSHIP AND PERMITTED USE OF WEBSITES AND CONTENT
We provide the Websites and their content for your information, education and shopping pleasure. Please feel free to browse the Websites. However, you should keep in mind that all of the information, content, and other material contained on the Websites, including text, trademarks, written material, trade dress, catalogues, technical information and advertisements all content are the sole and exclusive property of Greenworks Tools Canada Inc., its licensors, or other third parties. Such Content is protected under Canadian copyright and other laws and international treaty provisions and any unauthorized use by you of this Content may subject you to civil and criminal penalties. We retain the ownership of all Content. No license to the use of such marks, names or trade dress is granted to you under these Terms or by your use of the Websites. Your misuse of the trademarks, trade names, brand names, or trade dress displayed on the Websites is strictly prohibited. You may view, download, and print material displayed on the Websites for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials.
3. CERTAIN RESTRICTIONS ON USE
You may not:
post, transmit, redistribute, upload, or promote any communications, content or materials that are illegal, obscene, vulgar, profane, indecent, sexually explicit, threatening, harassing, abusive, hateful, racially or ethnically derogatory, defamatory, invasive of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
encourage conduct that would constitute a criminal offense;
otherwise violate any law;
post, transmit, redistribute, upload, or promote any communications, content or materials that use a false email address, impersonate another person or entity, including our company and our employees or agents, or otherwise use misleading information as to the origin of content you submit;
post, transmit, redistribute, upload, or promote any communications, content or materials that contain chain letters, pyramid schemes, mass mailings or any form of spam;
distribute, retransmit, republish, reuse, repost, or use the contents of the Websites for public or commercial purposes, without our prior written permission;
alter, modify, frame, or mirror any content contained on the Websites;
link to the Websites;
use any data mining, robots, or similar data-gathering and extraction tools in connection with the Websites;
remove or alter any copyright or other proprietary notices contained on the Content;
input or upload onto the Websites any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any data or system, or that infringes any of our intellectual property rights or those of any third party. Inappropriate uploads and inputs include, but are not limited to the following: Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines; or
restrict, impair, interfere or inhibit any other user from using or enjoying the Websites and/or our related products and services.
We retain all rights not expressly granted in these Terms.
4. ERRORS ON THE WEBSITES
We shall have no responsibility for errors of any kind on the Websites. Errors may include incorrect product and service descriptions, incorrect information regarding the availability of specific products, typographical errors and obsolete information, with the result that product and service descriptions, information regarding product availability, pricing information and the descriptions of promotional offers or other data may not be complete, current or accurate. In addition, errors may result when honouring a request or order placed by you if such request or order is based on incorrect information. We reserve the right to update or change information and correct any errors, inaccuracies, or other errors at any time.
A customer’s sole and exclusive remedy if an item purchased by the customer from the Websites does not fulfill the description set forth on the Websites is to return the item, in an unused condition, to us for a refund of the purchase price and, in our sole discretion, the shipping costs paid by customer. Customer, however, is responsible for shipping costs to return the unwanted item to us. Because actual colors and the look and feel you see on the Websites will depend on your monitor and other technical factors, we cannot guarantee that any video display of any product information or other data will be accurate at any time.
The price of each product and service will only be confirmed by us upon the submission of an order by a customer. Prices provided on the Websites are subject to change without notice and do not include any applicable sales taxes or customs duties. In the event we discover an error of any kind in pricing or product and service information, we reserve the right to, in our sole discretion, (i) cancel any order related to such pricing or product and services information error, (ii) before shipping the product to or performing the service for customer, notify the customer of the error, and await the customer’s instructions as to whether or not the customer wishes to proceed with the order in light of the error, or (iii) if a pricing error is involved, and a pricing error favours the customer, ship the product to customer at the incorrect price to the customer’s benefit. Products and services described on the Websites are available only while supplies last, and we reserve the right to discontinue the offering or sale of any product or service at any time, without notice.
5. FEEDBACK AND SUBMISSIONS TO THE WEBSITES
We welcome your comments regarding the products and services offered on the Websites. From time to time you may be given the opportunity to respond to surveys and provide feedback regarding (i) the store located on the Websites and (ii) the Websites in general. Please understand that any questions, comments, testimonials, feedback, responses to surveys, suggestions, or similar material disclosed, submitted or posted by you on the Websites or through the feedback and survey opportunities offered by us or by third parties (User Submissions) will be considered non-confidential, non-proprietary and not personal to you nor anyone else and may be disseminated or used by us, our affiliates, and the third parties collecting the feedback and responses for any purpose including, but not limited to, developing, manufacturing or marketing products. In connection with your User Submissions, you affirm, represent and warrant that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to us as set forth in the license granted above; (iii) the content of the User Submission(s) is accurate; (iv) use of your User Submission on the Websites or otherwise by us, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; (v) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow us to utilize the User Submission(s) without compensation or objection; (vi) you will indemnify us for all claims resulting from your User Submission(s); and (vii) the User Submission does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, or any form of spam. We have the right, but not the obligation to monitor or remove any User Submission. We take no responsibility and assume no liability for any User Submission posted by you or any third party. In addition, by disclosing, submitting, or posting material to the Websites, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, edit, publish, translate, rework distribute and display that material without compensation or acknowledgement of source. Therefore, you should not send us any creative ideas, original materials, suggestions, marketing plans or other information that you would like to remain confidential or for which you would like acknowledgement or compensation. Additional terms and conditions may apply in connection with certain types of submissions (e.g. testimonials, sweepstakes or contest entries). If applicable, these additional terms and conditions will be set forth where you submit the information or in a link adjacent to where you submit the information. You should review all additional terms and conditions carefully before submitting material to the Websites.
6. DISCLAIMER OF WARRANTY
THESE WEBSITES, LINKED WEBSITES, AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THESE WEBSITES OR ANY LINKED WEBSITES ARE PROVIDED ON AN AS IS
AND AS AVAILABLE BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE WEBSITES OR ANY LINKED WEBSITES OR THE CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THESE WEBSITES OR ANY LINKED WEBSITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE WEBSITES OR ANY LINKED WEBSITES IS AT YOUR SOLE RISK.
WE DO NOT WARRANT THAT THESE WEBSITES OR ANY LINKED WEBSITES CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THESE WEBSITES OR ANY LINKED WEBSITES, THEIR SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PRODUCTS: WITH RESPECT TO PRODUCTS SOLD ON THESE WEBSITES OR ANY LINKED WEBSITES, OUR EXPRESS WARRANTIES ARE LIMITED TO THOSE SPECIFIED WITH EACH PRODUCT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THESE WEBSITES OR ANY LINKED WEBSITES OR FROM ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THESE WEBSITES OR ANY LINKED WEBSITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
WE WILL NOT BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
9. ORDER FULFILLMENT
We reserve the right in its sole discretion, without prior notice and for any reason, including but not limited to unavailability of products, to deny an order or to refuse to fulfill an order in whole or in part. Furthermore, we shall not be liable to you or any third party for such denial or refusal.
We may, in our sole discretion, terminate your use of the Websites or terminate your rights under these Terms for any reason, without prior notice. In our sole discretion, and at any time, we may also discontinue providing the Websites or any one or part, with or without notice. We shall not be liable to you or any third party for any of the foregoing. Sections 1-13 shall survive the expiration or termination of these Terms
The Websites may from time to time display links to other websites or resources sponsored by third parties as a convenience to you (such third party sites are known (Linked Websites). We have no control over Linked Websites and shall not be responsible for the availability of Linked Websites or their content. Access of Linked Websites is at your own risk. Third-party websites (and any websites to which they link) may also contain information that is inaccurate, incomplete, or outdated. We do not endorse or provide warranties of any kind as to the proprietors or content of any Linked Websites, including any linked website of any joint venture company or other company related Greenworks Tools Canada Inc. We will have no liability arising out of or related to Linked Websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Linked Website.
This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of www.greenworkstools.ca and these Terms and Conditions.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms constitute the entire agreement between you and us relating to use of the Websites, superseding any other agreement between you and us with respect to the subject matter of these Terms. Section headings in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms shall be found to be unenforceable, the other provisions shall still remain in full force and effect.
We may change our Terms from time to time by posting updated versions of the Terms here. As we may make changes to these Terms at any time without notifying you, we suggest that you review the Terms each time you access or use the Websites.
14. CONTACT US
If you have any questions or concerns about these Terms, the practices of the Websites, or your experiences with the Websites, please contact us at:
email@example.com or at 1-888-909-6757
Note: If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via these Websites, please notify Greenworks Tools Canada Inc. immediately at the email address provided above.
Effective April 1, 2014