Terms of Use

TERMS OF USE FOR EAGLE CREEK WEBSITE

PLEASE READ THESE TERMS OF USE CAREFULLY.

By using this website (the “Website”), exclusively owned by In-Sport Fashions Inc. (ISP), you expressly acknowledge to have read and agreed to the following terms and conditions which govern your use of the Website (the “Terms of Use”). If you do not agree to the Terms of Use, please leave the Website immediately and do not take into account the information contained therein. ISP reserves the right to modify the Terms of Use at any time. Any modification comes into force immediately and is integrated to the Terms of Use.

USE RESTRICTIONS AND JURISDICTION

The information and images on the Website may not be used by any person in any country under any law when such use could constitute a violation of applicable national legislation. In such case, you are forbidden from using or accessing any information or image, of any nature whatsoever, on this Website. This Website is designed for users accessing it from Canadian territory. Moreover, these Terms of Use are governed exclusively by the applicable laws of the province of Quebec and of Canada, without regard to the conflicts of law provisions therein. Any litigation, recourse or claim arising from or in relation to these Terms of Use shall be submitted to the exclusive jurisdiction of the competent courts in the judicial district of Montreal, province of Quebec, Canada.

Disclaimer

This Website is provided “as is” and “according to availability”, without any warranty of any kind, express or implicit, including, without limitation, any warranty of merchantability or suitability for a user’s particular need, any warranty regarding the Website’s content or operation, third-party links or other communications, any warranty in case of errors, corrections or defects, interrupted or intercepted transmissions, data loss, virus or any other potentially harmful element.

Under no circumstances can ISP or any of its subsidiaries or entities be held liable towards any person for any fee or damages, including direct, indirect, consecutive or intangible damages, damages related to access to or use of this Website. Furthermore, ISP or any of its subsidiaries or entities cannot be held liable for any person’s inability to access the Website or use its functions and services, including browsing or downloading any information, data, text, image or any other material available on the Website or via another website linked to by this Website or linking to this Website.

It is the responsibility of users of this Website, with the total exclusion of any liability from ISP, to evaluate the accuracy, completeness, reliability and relevance of the opinions given, services offered or any other information provided. Information included and presented on this Website should not be interpreted and relied upon as if it were professional advice or advice on a specific situation.

INTELLECTUAL PROPERTY

Unless otherwise specifically stated, any trademark, registered or not, and any logo displayed on the Website, any information, any graphic image, any feature or any service, any layout (including the “look and feel”) and any text on this Website are the sole property of ISP or are duly used under license by ISP and are protected by applicable intellectual property laws or any provisions included in any other relevant law, in Canada and abroad. They may not be copied or broadcast, in whole or in part, without ISP ’s prior written consent.

In addition, you acknowledge that you are not allowed to (i) create derivative work based on this Website or any material and/or content included on or integrated to the Website; (ii) use the Website or any included material and/or content for commercial purposes; (iii) remove any notice regarding copyright or other ownership notices from the Website and/or its content; (iv) circumvent any encryption or other security tool used anywhere on the Website; (v) use any data mining tool, robot or similar tool to collect and extract data from the Website; or (vi) decompile, reverse engineer, modify or disassemble any part of this Website.

However, you may download or print any page on this Website for personal and non-commercial use only, provided that you keep all notices regarding the intellectual property of ISP or any assigns involved.

HYPERTEXT LINKS

The Website may contain hypertext links leading to other websites. These links are provided for information purposes only and as a service. On this matter, ISP disclaims any liability or obligation, of any nature whatsoever, regarding these third-party websites to which the Website links (or any link to this Website on another website), including the content and operation of these third-party websites. ISP does not review nor control these links. Certain websites may be hosted outside your country and therefore be governed by different laws and regulations.

A link from this Website to another website (or to this Website from another website) does not in any way constitute a recommendation, endorsement, approval, advertisement, offer or solicitation with regard to the other website, its content or its products and services advertised or provided on this other website. ISP assumes and believes that links provided to other websites and accessible by all, to web pages, discussion forums and any other sources are allowed under the law and comply with Internet users’ normal and usual expectations.

CONFIDENTIALITY OF INFORMATION PROVIDED TO ISP

ISP takes all reasonable measures to ensure the integrity and security of information obtained from Internet users through the Website and to avoid any non-authorized access to or use of this information. To this end, ISP regularly reviews its security measures.

You should never, under any circumstances, send any information that is confidential or that you own to ISP  via the Website. Any information sent to ISP through the Website, other than your personally identifiable information, is presumed non-confidential. Personally identifiable information is only used to answer your questions or to market ISP ’s products and services.

ISP cannot, under any circumstances, be required to monitor the data provided or sent through this Website, as is the case for any website linked to on this Website or linking to this Website. ISP has under no circumstances any obligation, of any nature whatsoever, resulting from such data or transmission, which do not constitute in any way a confidentiality agreement, express or implied, between a user and ISP.

USER BEHAVIOUR

When you access and use any part of this Website, you undertake not to:

• write or send illegal, threatening, abusive, libelous, obscene, pornographic, blasphemous or reprehensible information, in any way whatsoever, including without limitation messages showing or promoting a behaviour that could constitute a breach of a law or violating a national or international right;
• write or send data or software infected with a virus (worm or Trojan horse) or any other harmful element;
• interfere with the operation of this Website or hinder or prevent another person from using this Website;
• write, publish, send, reproduce, distribute or use information, software or any other material obtained through this Website for commercial purposes without ISP’s prior written consent.

In case of violation of these Terms of Use, ISP reserves the right to sue the offender for damages to the full extent of the law.

BREACH AND INDEMNITY

Subject to any provisions of any applicable law, you accept to indemnify and hold harmless ISP and its employees, officers, directors and agents should you violate these Terms of Use. This indemnity shall cover all expenses, payments, losses, losses of profit or any direct or indirect damage, monetary or not, incurred by ISP , its employees, officers, directors and agents.

CONTACT US

You can contact us by email at the following address eaglecreek@insport.ca for any question. We will make every effort to process your request quickly.

 

Last update: Feb 5^th, 2023