OVERVIEW: The following rules and regulations apply to all visitors or users of the S3A Website, the home page of which is at https://s3athletic.com (“Website”). By using our Website, you agree to be bound by these terms of service, as they may be modified by us at any time in our sole discretion and posted on this Website. In the event of a violation of these terms of service, we reserve the right to seek all remedies available at law or in equity.
LIMITED LICENSE: This Website and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video and audio (collectively, “Materials”) are protected by copyright laws and other Canada and international laws and treaties. All Materials are provided by us as a service to its current and prospective customers and may be used only for personal, informational and product-ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in the Materials is conveyed to you. This is a limited, nonexclusive license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website or any of its Materials without our prior written permission; (b) you may not access or use this Website for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display or other use of these Materials is prohibited. We may revoke this limited license at any time for any or no reason. Valid and active S3A distributors are allowed to use product and/or color reference of product photographs and images without prior written or verbal approval.
INTELLECTUAL PROPERTY: All intellectual property on this Website is owned by S3 Athletic (Canada) Inc. or its affiliated companies, which includes trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of S3A or its affiliated companies and are protected by Canadian and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of this Website. Your misuse of the trademarks displayed on this Website is strictly prohibited. You are also advised that we will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
LINKS: Periodically, links may be established from this Website to one or more external Websites or resources operated by official S3A dealers and distributors (the “Dealer Sites”). These links are provided for your convenience only. In addition, certain Dealer Sites also may provide links to this Website. None of such links should be deemed to imply that we endorse the Dealer Sites or any content therein. We do not control and are not responsible or liable for any Dealer Sites or any content, advertising, products or other materials on or available from such Dealer Sites. Access to any Dealer Sites is at your own risk and we will have no liability arising out of or related to such 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 Dealer Site.
SPECIAL NOTICE: We have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any S3A web page is prohibited absent our express written permission. Framing, inline linking or other association of this Website or its Materials with links, advertisements and/or other information not originating from the Website is expressly prohibited.
DISCLAIMER OF WARRANTY: Access to this Website is provided to our customers and prospective customers “AS IS” and “AS AVAILABLE” and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. We reserve the right to block or deny access to our Website to anyone at any time for any or no reason.
JURISDICTION: We control our Website from its offices within the Province of Ontario. We do not imply that the materials published on our Website are appropriate for use outside of Canada. If you access this Website from outside of Canada, you do so on your own initiative and you are responsible for compliance with local laws. The terms of our Website shall be governed by the laws of the Province of Ontario, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Toronto, Ontario.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEBSITES INCLUDING, WITHOUT LIMITATION, 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.
REVISIONS: We may terminate, change, suspend or discontinue any aspect of our Website, including the availability of any features of the site, at any time and without notice. We also reserve the right, at our sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. We may terminate the authorization, rights and license given above at any time and without notice. Your continued use of our Website after any changes to these terms are posted will be considered acceptance of those changes.
ERRORS AND INACCURACIES: Our goal is to provide complete, accurate, up-to-date information on our Website. Unfortunately, it is not possible to ensure that any Website is completely free of human or technological errors. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior notice.
INDEMNITY: You agree to defend, indemnify and hold harmless S3 Athletic (Canada) Inc. and all of their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Service, (ii) your user content, (iii) your use of the Materials or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.