PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE SITE. Your use of this Site constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms. Customsportsexcellence.com may change, edit, modify, delete, revise, or update the Terms from time to time without notice, and your use of this Site after any changes, edits, modifications, deletions, revisions, or updates posted to the Site constitutes your agreement to comply with the posted Terms.
Ownership / Restrictions on Use
This Website is owned and operated by Sportsexcellence.com. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the "Content") contained in this Website are proprietary to Customsportsexcellence.com, its affiliates and/or third-party licensors. The content is protected by Canadian and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any content without the express prior written consent of Customsportsexcellence.com. You may download, print and reproduce the content for your own informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such content, and that you cite the URL Source of such content. Reproduction of multiple copies of the content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Customsportsexcellence.com. To obtain written consent for such reproduction, please contact us at service@sec.ca.
Unless otherwise specified, our Website is for your personal and non-commercial use and for purely informational and entertainment purposes.
Accuracy of Information
Although Customsportsexcellence.com takes all possible steps to ensure the accuracy of the information included in this Website, no assurance is given that information or material on this Website is up-to-date, accurate, error-free or complete. Customsportsexcellence.com takes no responsibility for errors or omissions in the content of this Website, including those relating to product descriptions, pricing, and availability. The prices displayed on this Website are in Canadian dollars. Similarly, all credit card charges will be processed exclusively in Canadian dollars.
Customsportsexcellence.com reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
With exception of the following cases of an incorrect price, your sole remedy for the purchase of any product on the Website is to return it for a full or partial refund as set forth in the Returns section.
If there is an error concerning the price, Customsportsexcellence.com will abide by the following policy:
• if the mistake concerns an item costing less than $10.00 before taxes, it will be given to you free of charge.
• if the mistake concerns an article costing more than $10.00 before taxes, we will reimburse you $10.00 off the retail price of the article.
An order cannot contain more than two identical products, worth more than $100, in the same colour and size. Customsportsexcellence.com reserves the right to cancel any order without additional explication. Orders cannot total more than $5,000.
Registration and Passwords
To access certain portions of the Website, you may be asked to complete an online registration form.
In consideration for your use of this Website and the Services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
As part of the registration process, you may be asked to provide a username or password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to immediately notify Customsportsexcellence.com of any unauthorized use of your password or username or any other breach of security.
User Conduct
You may have the opportunity to upload, publish, display or otherwise post information, ideas and opinions on the Website through product reviews, responses, feedback or other material (collectively, “User Content”) posted to the Website.
By choosing to access the Website and/or by submitting User Content, you agree to abide by all applicable federal, provincial, territorial and other laws and regulations, the other conditions of these Terms of Use, and any other rules which may be published from time to time by Customsportsexcellence.com. In addition, without limiting the foregoing, you agree not to:
1. upload, post, e-mail or otherwise transmit any User Content that:
1. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
2. infringes any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any third party;
3. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; or
4. contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
2. harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including e-mail addresses, without the express consent of such users;
3. for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
4. impersonate any person or entity, including, but not limited to, an Customsportsexcellence.com employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
6. interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and
7. use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website. The foregoing is hereinafter collectively referred to as the “Code of Conduct”.
User Content
You are solely responsible for all User Content that you upload, publish, provide a link to or display (hereinafter, “post”) on or through the Website. You may not publish User Content on the Website that you did not create or that you do not have permission to post.
Customsportsexcellence.com is not responsible for User Content and will not have any liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. Customsportsexcellence.com may, but is not obligated to, monitor or review activity on the Website and any User Content and may block, edit, delete or remove (without notice) any User Content at its sole discretion. Customsportsexcellence.com reserves the right to terminate the privilege of any user to post User Content or to participate in other Customsportsexcellence.com Services if such users violate these Terms of Use and/or the Code of Conduct.
By submitting any User Content to the Website you grant Customsportsexcellence.com a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and license to use, reproduce, modify, edit, publish, create derivative works from, translate, license, publicly perform and display the User Content (in whole or in part) for any purpose whatsoever and/or to incorporate it in other works in any form, media or technology now known or later developed, without your prior approval, and you further waive any "moral rights" that you may have in the User Content. In addition, by submitting the User Content to Customsportsexcellence.com, you represent and warrant that you own and control all rights in and to the User Content and that you have the right to grant the foregoing rights to Customsportsexcellence.com. User Content represents the views and opinions of the person(s) submitting same.
You acknowledge that Customsportsexcellence.com may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days that email messages, message board postings or other User Content will be retained on the Website. You agree that Customsportsexcellence.com has no responsibility or liability for the deletion or failure to store any messages, other communications or User Content maintained on or transmitted by the Website. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website.
Product Reviews
Customsportsexcellence.com strives to provide to the public product reviews of the highest quality and integrity. We encourage honest and respectful communication. Therefore, in addition to complying with the Code of Conduct, if you submit a product review you hereby agree:
• Not to post a product review unless you own or have used the product;
• To post only one review for each product (unless you are providing new information);
• Not to include insults, personal attacks or inflammatory language in a product review; and
• Not to post a review of a product if you are an employee (or a relative of an employee) of the manufacturer of the product or of a competitor's product.
You also understand and agree that Customsportsexcellence.com is under no obligation to display any product reviews that you submit on the Website and may edit or remove product reviews at its sole discretion.
Linking
It is our goal to provide increased value to you, our visitors. Therefore, for your convenience, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked Websites are independent from Customsportsexcellence.com and that Customsportsexcellence.com has no control over the content of such Websites. Consequently, Customsportsexcellence.com cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such Websites.
The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
We welcome any feedback that you may have concerning the external links that we have placed on our Website.
Disclaimer / Limitation of Liability
Although we strive to update and keep the content contained on the Website accurate as much as possible, errors
THIS SITE USES COOKIES AND MAY ALSO USE THE SERVICES OF THIRD-PARTY PROVIDERS THAT DEPLOY COOKIES IN CONNECTION WITH THEIR SERVICES. BY USING THE SITE, YOU CONSENT TO THE PLACEMENT OF COOKIES ON ANY DEVICE USED TO ACCESS OUR SITE(S). THE CONTENT PROVIDED ON THIS SITE IS PROVIDED "AS IS” AND “WITH ALL FAULTS.” CUSTOMSPORTSEXCELLENCE.COM MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND CUSTOMSPORTSEXCELLENCE.COM MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO CUSTOMSPORTSEXCELLENCE.COM EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, CUSTOMSPORTSEXCELLENCE.COM DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
CUSTOMSPORTSEXCELLENCE.COM RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND CUSTOMSPORTSEXCELLENCE.COM WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION. and/or omissions may occur.
IN NO EVENT SHALL CUSTOMSPORTSEXCELLENCE.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR SERVICES, EVEN IF CUSTOMSPORTSEXCELLENCE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold harmless Customsportsexcellence.com, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from:
1. any content (including User Content) you (or anyone acting under your password or username) submit, post, transmit or make available on the Website;
2. your (or anyone acting under your password or username) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct; and/or
3. your violation of any law or rights of a third party.
Privacy
Customsportsexcellence.com respects your right to privacy of your personal information. Customsportsexcellence.com is committed to protecting the privacy of the visitors to this Site. For information on how information is collected, used, or disclosed by Customsportsexcellence.com in connection with your use of this Site, please consult our Privacy Policy.
Changes and Termination
Customsportsexcellence.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, Customsportsexcellence.com reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of "Last Update" at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Customsportsexcellence.com to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.
Trademarks
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Site are the registered and/or unregistered Trademarks of Customsportsexcellence.com, or such other third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Customsportsexcellence.com or such other third party that may own the displayed Trademarks.
Applicable Laws
These Terms of Use are governed by and construed in accordance with the laws of the Province of Quebec and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of city of Montreal, Province of Quebec. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use and any and all other legal notices or statements posted on the Website, including the Privacy Policy, constitute the entire agreement between you and Customsportsexcellence.com with respect to the use of the Website, including the Content.
Notice
Notices to you may be made via email or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.
If you have any questions or comments regarding these Terms of Use, please contact us at service@sec.ca.
Last updated February 2020.
