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Terms of Service

TERMS OF SERVICE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

By using this website, you are agreeing to the terms and conditions of this site.

Your use of actionwear.ca and or store.actionwear.ca is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using actionwear.ca you signify your acceptance of these Terms and Conditions.

Actionwear Saskatoon Inc. may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the actionwear.ca and or store.actionwear.ca web site. Your continued use of theses sites signifies your acceptance of such revised Terms and Conditions, so please check back frequently to read the most recent version.

OWNERSHIP

The actionwear.ca and store.actionwear.ca website design, text, graphics, content, video, audio and the selection and arrangement thereof are the property of Actionwear Saskatoon Inc. and are protected under the copyright laws of Canada and other countries. None of the content found on this web site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Actionwear Saskatoon Inc.

Nothing contained on actionwear.ca and store.actionwear.ca should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Actionwear Saskatoon Inc.  or such other party that may own the applicable trademarks.

USE OF SITE

Neither the actionwear.ca and store.actionwear.ca websites, nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Actionwear Saskatoon Inc., except that you may download, display and print the content presented on actionwear.ca for your personal, non-commercial use only. Unauthorized use of actionwear.ca and or store.actionwear.ca, and/or the content contained on these sites may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited.

You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

In its sole discretion, in addition to any other rights or remedies available to Actionwear Saskatoon Inc. and without any liability whatsoever, Actionwear at any time and without notice may terminate or restrict your access to any component of actionwear.ca and or store.actionwear.ca.

On occasion, Actionwear Saskatoon Inc. may need to make changes or upgrades to the website which would require the website to be temporarily unavailable without prior notice. Actionwear Saskatoon Inc. is not liable for any inconvenience or loss that may occur to this lack of access.

 

USERNAME AND PASSWORD

Your actionwear.ca and or store.actionwear.ca web site account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Actionwear representative. Actionwear recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

All login names and passwords remain the property of Actionwear Saskatoon Inc and may be cancelled or suspended at any time by Actionwear without any notice or liability to you or any other person. Actionwear is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify Actionwear of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

You must provide Actionwear with true, current, accurate and complete customer service information as requested. You agree to notify Actionwear of information as required to keep such information held by us current, complete and accurate.

 

PRIVACY

You have read Actionwear Saskatoon Inc’s Privacy Policy, the terms of which appear on actionwear.ca and store.actionwear.ca and are incorporated into these Terms and Conditions and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by Actionwear Saskatoon Inc or Third Parties in accordance with the terms of and for the purposes set forth in the Actionwear's Privacy Policy.

COOKIES

We employ the use of cookies to improve user experience and analyze website traffic. For these reasons we may share your site usage with our analytics partners. By using Actionwear Saskatoon Inc.'s website, you consent to the use of cookies in accordance with Actionwear Saskatoon Inc.’s Privacy Policy.

PRICING POLICY

Market conditions and competitive pressures may cause prices and availability to change without further notice. Additionally, although great care is taken in the production of the actionwear.ca and store.actionwear.ca websites, typographical, illustrative or pricing errors may occur. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if information on the site is inaccurate at anytime without prior notice, including after you have submitted an order.

All prices quoted are payable in the currency stated. At checkout applicable Canadian taxes will be added and an estimate of shipping charges will be generated.

A correctly completed Review and Submit page delivered by you to Actionwear Saskatoon Inc. constitutes your offer to purchase the goods or services listed in your order. Your order shall be deemed to be accepted at the point when Actionwear sends a shipping confirmation email to the email address you provided. If you wish to cancel an order, you may request a cancellation by sending an email to us at sales@actionwear.ca. However, your cancellation request may not be effective if we do not receive and process your cancellation request before we confirm shipment of your order.

Actionwear Saskatoon Inc. reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Actionwear believes that customer conduct violates applicable law or is harmful to the interests of Actionwear Saskatoon Inc. or any Third Parties.

Products may be purchased for delivery to an address located in Canada or within the USA. All sizes quoted are approximate. Please see Frequently Asked Questions for more information about purchasing, shipping, as well as our returns/exchanges policy.

DELIVERY

Actionwear Saskatoon Inc. will make every effort to keep you informed should supply of the products ordered be delayed. Actionwear is under no liability to you for delay or failure of products being delivered when originally specified.

FEEDBACK

Actionwear enables visitors to actionwear.ca and or store.actionwear.ca to provide Actionwear Saskatoon Inc. with feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant Actionwear a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant Actionwear the right to use the name you submit with the Customer Content, if any, in connection with Actionwear rights hereunder.

USER GENERATED CONTENT

Actionwear may, from time to time, select content created and publicly posted by you (the "Contributor") on a third-party social media platform ("User Generated Content") that is relevant to and in conformity with Actionwear’s brand vision and brand principles. Actionwear has chosen this User Generated Content for the purpose promoting Actionwear in accordance with these Terms and Conditions.

The Contributor should review the Terms and Conditions each time the Contributor grants permission or authorization to Actionwear Saskatoon Inc. to use the Contributor's User Generated Content.

Consent

When User Generated Content is selected by Actionwear, the Contributor will be contacted via the social media platform on which the User Generated Content appears. Actionwear will ask the Contributor for his/her consent to use the specified User Generated Content in accordance with these Terms and Conditions. The Contributor will be asked to reply with "I CONSENT" to grant his/her consent.  A direct response by Contributor within the same message thread using the language specified will be deemed to constitute valid consent. If no response is received from the Contributor, the specified User Generated Content will not be used by Actionwear.

By replying " I consent", the contributor is entering into an agreement with Actionwear Saskatoon Inc and agrees to be bound by these terms and conditions, without limitation or qualification. The consent given by contributor shall only be valid for the user generated content specified by Actionwear Saskatoon Inc.

License

By providing consent, the Contributor hereby grants to Actionwear, the perpetual, non-exclusive, irrevocable, sublicensable, worldwide, royalty-free right and license to exhibit, distribute, reproduce, use, modify, adapt, publish, translate, transmit, disclose, publicly perform and publicly display the User Generated Content and the Contributor's name, voice, picture, portrait and likeness as it appears in or in connection with the User Generated Content and to incorporate such User Generated Content in other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes, including but not limited to the advertising, marketing and promotion of Actionwear and its products and services.

Notwithstanding the above, Actionwear will have no obligation to make any use of any of the rights granted by the Contributor. Actionwear’s use of the User Generated Content or the Contributor's name and/or likeness does not imply any endorsement of or any affiliation with the Contributor.

The Contributor acknowledges he/she is not entitled to any compensation for use of the User Generated Content by Actionwear.

Representations and Warranties

By granting the license, the Contributor represents and warrants that:

  •          He/she is 18 years of age or older;
  •          He/she has the full right, power and authority to grant the rights described in these Terms and Conditions;
  •          The User Generated Content was created by the Contributor or the Contributor owns or controls all rights in such User Generated Content, such that the Contributor has all necessary licenses, rights, consents and permissions to publish the User Generated Content and to grant the rights described herein, including permission from all person(s) appearing in the Contributor's User Generated Content;
  •          The exercise by Actionwear of its rights under these Terms and Conditions will not violate the rights of any third party or any applicable laws, rules or regulations, including, without limitation, consumer protection, privacy, copyright, trademark and trade laws;
  •          The User Generated Content does not contain any worms, viruses or other code deemed harmful to Actionwear or Actionwear’s users; and
  •          The User Generated Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

Indemnity, Waiver and Release

The Contributor agrees to indemnify, defend and hold Actionwear Saskatoon Inc. and the Third Parties, and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of Contributors breach of the User Generated Content section of these Terms and Conditions.

The Contributor hereby waives any and all claims to which the Contributor may become entitled for any reason whatsoever and does hereby release, remise and forever discharge Actionwear and the Third Parties of and from any and all actions, causes of action, suits, debts, dues, sums of money, costs, claims and demands whatsoever, whether at law or in equity, which the Actionwear or the Third Parties hereafter can, may or shall have, by reason of Actionwear use of the User Generated Content. 

The Contributor irrevocably and unconditionally waives (and agrees not to enforce) all rights in the User Generated Content, including without limitation any moral rights or equivalent rights which the Contributor may otherwise have under any laws now existing or which become law in the future in any part of the world. If requested, the Contributor will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights the Contributor has granted to Actionwear under these Terms and Conditions.

MAXIMUM LIABILITY

If, notwithstanding the foregoing, Actionwear or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of Actionwear.ca or its content, the liability of Actionwear and the Third Parties shall in no event exceed in the aggregate $250 CAD.

INDEMNIFICATION

You shall indemnify and save harmless Actionwear Saskatoon Inc. and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of actionwear.ca and or store.actionwear.ca

LINKS

The actionwear.ca and store.actionwear.ca websites contains links to websites owned or operated by other entities which are not associated or affiliated with Actionwear Saskatoon Inc.or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Actionwear Saskatoon Inc. or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. Actionwear Saskatoon Inc. and the Third Parties shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk. Framing of the actionwear.ca and or store.actionwear.ca websites or any of its content in any form and by any method is strictly prohibited.

RELATIONSHIPS

The relationship between Actionwear Saskatoon Inc.  and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of actionwear.ca and or store.actionwear.ca.

GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the Province of Saskatchewan, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Saskatoon, in the Province of Saskatchewan, Canada, in all disputes arising out of or relating to the use of actionwear.ca and or store.actionwear.ca and these Terms and Conditions.

SEVERABILITY

These Terms and Conditions shall be deemed severable in the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

DISCLAIMER

The information provided on the websites actionwear.ca and stor.actionwear.ca here is updated regularly to stay current within the apparel industry and with industry standards.

It is your responsibility to gain a full understanding of the scope of the industry safety standards and OSHA rules and regulations as they pertain to your company and your industry.

It is necessary to conduct a hazard risk analysis at your work site and to have safety procedure training to insure that the flame resistant work wear that is purchased from Actionwear Saskatoon Inc. will provide the highest level of protection for your workers and to ensure that the work wear is suitable for the hazards your workers may encounter on the job.


Every effort is made to provide accurate information on the actionwear.ca and store.actionwear.ca websites, however, Actionwear Saskatoon Inc. accepts no liability for the content of this website or for the consequences of any actions taken on the basis of the information provided. Any views or opinions presented in this website are solely those of the author and do not necessarily represent those of the company.

ENTIRE AGREEMENT

These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Actionwear Saskatoon Inc. as set forth above.