TERMS AND CONDITIONS OF USE
GSI Commerce Solutions, Inc., an eBay company ("GSI") operates the Web Sites pursuant to agreements with Groupe Dynamite Inc. and its affiliates and subsidiaries (together, "GDI"). For the purposes of these Terms and Conditions, the expression "Web Sites" includes one or all of the web sites owned and operated by or for the benefit of GDI, including http://garage.ca and http://www.dynamite.ca.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEB SITES. YOUR USE OF THE WEB SITES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE WEB SITES.
Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Web Sites is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Web Sites at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Web Sites. By placing an order, you represent that the products ordered will be used only in a lawful manner.
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 the Web Sites. All purchases from the Web Sites are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Web Sites 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. We attempt to ensure that information on the Web Sites is complete, accurate and current. Despite our efforts, information on the Web Sites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Web Sites. For example, products included on the Web Sites may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Sites. 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 our acceptance of your offer to buy a product or service from GDI. 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 the Web Sites. The design of the Web Sites and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Web Sites are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software and other technology components of the Web Sites are protected under applicable copyright laws in favor of GSI and/or its affiliates, subsidiaries and suppliers. The contents of the Web Sites are protected under applicable copyright laws in favor of GDI and/or its affiliates, subsidiaries and suppliers, including GSI and its affiliates and subsidiaries. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from the Web Sites in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. 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.
Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on the Web Sites are registered and unregistered trademarks, trade names and service marks of GDI. Other trademarks, trade names and service marks used or displayed on the Web Sites are the registered and unregistered trademarks, trade names and service marks of their respective owners, including GSI and its affiliates and subsidiaries. Nothing contained on the Web Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Web Sites without the express prior written permission of GDI, GSI or such other owner.
Copyrights. Users of this site providing, without limitation, feedback, data, questions, comments or suggestions to GDI waives any and all rights attached to such feedback, data, questions, comments or suggestions, including their moral rights therein. GDI shall be free to reproduce, use, disclose and distribute such feedback, data, questions, comments or suggestions to third parties (excepting personal information allowing to identify such users), without limitation. Additionally, GDI shall be free to use any ideas, concepts, know-how or techniques contained in such feedback, data, questions, comments or suggestions for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and/or services incorporating such feedback, data, questions, comments or suggestions.
Linking to the Web Sites. Creating or maintaining any link from another web site to any page on the Web Sites without our prior written permission is prohibited. Running or displaying the Web Sites or any information or material displayed on the Web Sites in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to the Web Sites must comply will all applicable laws, rule and regulations.
Third Party Links. From time to time, the Web Sites may contain links to web sites that are not owned, operated or controlled by GDI, GSI or their respective affiliates and subsidiaries. All such links are provided solely as a convenience to you. If you use these links, you will leave the Web Sites. Neither we nor any of our respective affiliates or subsidiaries are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our affiliates or subsidiaries endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from the Web Sites, you do so entirely at your own risk.
DISCLAIMERS. YOUR USE OF THE WEB SITES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEB SITES 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. NEITHER GDI, GSI NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEB SITES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEB SITES MAY BE OUT OF DATE, AND NEITHER GDI, GSI, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, 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 THE WEB SITES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GDI, GSI AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES 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 THE WEB SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GDI, GSI AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES 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. GDI, GSI AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE US MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT, IF APPLICABLE, OR IN ANY ACT OF A SIMILAR NATURE IN ANY TERRITORY. 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 GDI, nor GSI or any one of their respective affiliates and subsidiaries assumes any responsibility, and will 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 the Web Sites, or your downloading of any information or materials from the Web Site. Additionally, under no circumstances shall GDI, GSI or any one of their respective affiliates and subsidiaries be liable for any losses or damages from the use of, or reliance on, the information, or use of the Web Sites. GDI, GSI and their respective affiliates and subsidiaries make no warranty, or guarantee as to the content, accuracy, timeliness or completeness of the information or that the information may be relied upon for any reason. IN NO EVENT WILL GDI, GSI OR ANY ONE OF THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITES, BE LIABLE TO YOU OR ANYONE ELSE 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 THE WEB SITES, ANY WEB SITE LINKED TO THE WEB SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB 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 THE WEB SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEB SITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEB SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEB SITE. YOU FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD GDI GSI AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES HARMLESS FROM ANY AND ALL LIABILITIES, COSTS, EXPENSES, AND ATTORNEYS' FEES, ARISING FROM THE USE OF THE WEB SITES.
Revisions to these Terms and Conditions. These Terms and Conditions may be revised 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 legal notices or terms located on particular pages of the Web Sites.
You may be required to provide personal information to us when ordering a product or registering for Email Updates. You will know when this information is being collected because you will be asked to complete and submit a form. We need this information to deliver products to customers, provide customer support, to administer customer accounts and/or gather marketing and shopping habits information about our customers. GDI may use this information for sales and marketing purposes. You can access, correct and update certain personal information that you have provided to us by loging in to the site with you register username and password. Once logged in click My Account on the top of the page.
We do not share any personal information of our customers with any third parties, except to internal and external service providers that we use to facilitate or outsource one or more aspects of the business, product and service operations that we provide to you and unless you specifically authorized us to do so. These service providers' are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced related operation, unless you have explicitly agreed or given your prior permission to them for additional uses. From time to time, we may be required to provide personal information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. Unless prevented by law, we will notify you at the email or phone number you provided us prior to the release of such information.
If you submit your contact information and resume for employment purposes with us, this information will only be used to evaluate your qualifications for the desired position and possibly to contact you for further information.
If you complete online surveys on any of our Web Sites, GDI may use the information collected from the online surveys to compile reports on customer satisfaction for our customers. Due to the sensitive nature of research data, any information that is collected is treated with the utmost confidentiality. GDI will not sell any personal information gathered from individual respondents.
Want to redeem our offers without a printout? By providing your cell number to us, you will receive promotions, alerts, special offers and other content from GDI directly to your mobile phone. This service is completely voluntary, and messages will only be sent to customers who have asked to receive them. You acknowledge that you are authorized to receive text messages at the number you provide. Standard text messaging charges apply. Please consult the applicable wireless service agreement for your individual pricing plan. The frequency of message blasts will be at the sole discretion of GDI but will not exceed 2 per month. Text message blasts are sent between 9 AM and 9 PM. You may opt-out by replying "STOP" to any of the previous messages you received from us. GDI is not responsible for lost or deleted messages.
In addition to the information we collect through our online survey, GDI may collect additional personal information. Such information may include the survey participant's name, age, address, telephone number, and email address. Participation in our surveys is always optional.
Privacy of Children on Our Web Site
We recognize the unique privacy concerns regarding children. Pursuant to United States of America's Children's online Privacy Protection Act of 1998 guidelines, we do not collect personally identifiable information on-line from children we know to be under the age of 13. If a parent or guardian is made aware that a child under the age of 13 has provided us with personally identifiable information without their consent please contact us by e-mail at firstname.lastname@example.org or calling us at 1-888-882-1138 for Canada Customer Service or 1-888-3GARAGE for USA customer Service and we will remove the information about the individual from our marketing database. Should you prefer to communicate with us through regular mail, write to us at Groupe Dynamite Inc. Customer Services, 5592 Ferrier, Town of Mount-Royal, Quebec H4P 1M2. Please be sure to include your full name and the relevant information you wish us to remove. It may take up to 2 weeks to process your postal mail request, during which period the information will remain available.
GDI makes commercially reasonable efforts to ensure that personal information collected from you is protected against loss and unauthorized access. GDI uses industry standard security techniques on our Web Sites to help protect against the loss, misuse or modification of information that you have provided. Our transactional Web Sites use secure sockets layer (SSL) encryption for securing communications and transactions across the Internet. The SSL protocol uses digital certificates to create and secure confidential communications "pip" between the purchaser and our web entity. Data transmitted over an SSL connection cannot be tampered with or forged without the two parties becoming immediately aware of the tampering. While we implement the above security measures, you should be aware that 100% security is not possible and GDI disclaims any liability should an unauthorized breach occur.
Choice of Law; Jurisdiction. These Policies and Terms and Conditions supersede any other agreement between you and GDI, GSI and/or their respective affiliates and subsidiaries to the extent necessary to resolve any inconsistency or ambiguity between them. These Policies and Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Quebec, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Web Sites will be brought only in the courts of the Judicial District of Montreal, Province of Quebec, Canada. A printed version of these Policies and Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Policies and Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, provided that the date on which these Policies and Terms and Conditions were printed is embedded in the printed document. The parties have requested that these Policies and Terms and Conditions be drawn up in English.
Termination. You or we may suspend or terminate your account or your use of the Web Sites at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Sites at any time without notice.
Additional Assistance. If you do not understand any of the foregoing Policies and Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by e-mail at email@example.com or calling us at 1-888-882-1138 for Canada Customer Service or 1-888-3GARAGE for USA customer Service.