PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
PRODUCTS, SPECIFICATIONS & AVAILABILITY
All features, content, specifications, products and prices of products and services described or depicted on waterloobikeshop.com are subject to change at any time without notice. Some weights, measurements and similar descriptions may be approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including colours; however, the actual colour you see may vary depending on your computer/monitor and we cannot guarantee that your computer will accurately display all colours. The inclusion of any products or services on ontariocycle.com at a particular time does not imply or warrant that these products or services will be available at any time.
SHIPPING LIMITATIONS
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
ACCURACY OF INFORMATION
Waterloo Bike Shop attempts to ensure that information on this website is complete, accurate and current. Despite our efforts, some information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information found herein. For example, some products included on the website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
USE OF THIS WEBSITE
The site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by, Waterloo Bike Shop and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
TRADEMARKS
Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks of Waterloo Bike Shop and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners, including our suppliers and their affiliates. Nothing contained on this website grants or should be construed as granting, by implication, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without the written permission of Waterloo Bike Shop or such third party owner.
THIRD PARTY LINKS
From time to time, this website may contain links to websites that are not owned, operated or controlled by Waterloo Bike Shop or their affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. Waterloo Bike Shop nor any of their affiliates are responsible for any content, materials or other information located on/or accessible from any other website. Waterloo Bike Shop nor any of their affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.
REVIEWS ARE WELCOME, INAPPROPRIATE MATERIAL IS NOT
Waterloo Bike Shop welcomes your feedback and reviews of the products you have purchased from us and/or your experience in shopping with us. BE AWARE you are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Only Sports may have at law or in equity, if Waterloo Bike Shop reasonably determines that you have violated or are likely to violate the foregoing prohibitions, we may take any action reasonably deemed necessary to cure or prevent the violation, including without limitation, the immediate removal from this website of the related materials. Waterloo Bike Shop will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
USER INFORMATION
Other than personally identifiable information, which is subject to this website's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. Waterloo Bike Shop and its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Waterloo Bike Shop may, but is not obligated to, monitor or review any User Communications. Waterloo Bike Shop shall have no obligations to use, return, review, or respond to any User Communications. Waterloo Bike Shop will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Waterloo Bike Shop retains the right to remove any or all User Communications that includes any material Waterloo Bike Shop deems inappropriate or unacceptable.
DISCLAIMERS
Your use of this website is at your risk. The materials and services provided in connection with this website are provided "AS IS" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Waterloo Bike Shop nor any of their affiliates warrant the accuracy or completeness of the materials or services on or through this website. The materials and services on or through this website may be out of date, and Waterloo Bike Shop nor any of their affiliates make any commitment or assumes any duty to update such materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
All products and services purchased on or through this website are subject only to any applicable warranties of their respective manufactures, distributors and suppliers, if any. To the fullest extent permissible by applicable law, Waterloo Bike Shop hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this website. Without limiting the generality of the foregoing, Waterloo Bike Shop and its affiliates hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
LIMITATIONS OF LIABILITY
Neither Waterloo Bike Shop nor its affiliates assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website or your downloading of any materials, from this website. In no event will Waterloo Bike Shop, it's respective officers, directors, employees, shareholders, affiliates, agents, successors, assigns, retail partners nor any party involved in the creation, production or transmission of this website be liable to any party for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials, information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In the event of any problem with this website or any content, you agree that your sole remedy is to cease using this website. In the event of any problem with the products or services that you have purchased on or through this website, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this website.
REVISIONS TO THESE TERMS AND CONDITIONS
Waterloo Bike Shop may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this website.
SEVERABILTY
These Terms and Conditions are binding and constitute the entire Agreement between Ontario Cycle and you with respect to your use of this website. Waterloo Bike Shop's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that any part of a provision(s) of the terms set out in this Agreement is (are) held to be invalid, unenforceable, or void, such provision(s) shall, by the adjudicating body, be applied to the fullest extend possible and shall be read-down only to the extent absolutely necessary to comply with applicable law. If any provision(s) of the terms set out in this Agreement is (are) held to be invalid, unenforceable, or void, such provision(s) shall be severed from the Agreement. The fact that part of a provision(s) or an entire provision(s) has (have) been held to be invalid, unenforceable, or void such determination shall not affect the validity and enforceability of any other remaining provisions.
JURISDICTION
Waterloo Bike Shop is a private company operating under, the laws of Ontario, Canada. The website is physically maintained and operated by Waterloo Bike Shop within the Province of Ontario, Canada. This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein and should be treated as an Ontario contract without reference to the principals of conflicts of law. All disputes, controversies or claims arising out of or in connection with the site shall be submitted to and be subject to the jurisdiction of the courts of the Province of Ontario. You submit and agree to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the site. You agree that these terms and all related documents and communications be drawn up in English.
TERMINATION
You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.
ADDITIONAL ASSISTANCE
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at (226) 336-7400 or e-mail at [email protected]