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Terms of Use

Napier Enterprises makes available to you this website located at www.napieroutdoors.com (.ca) (the “Website”) subject to your acceptance of and compliance with this terms of use policy (the “Policy”). By accessing, browsing, and/or using this Website you are acknowledging that you have read and understood this Policy and that you agree to be bound by its terms and conditions. If you cannot or do not agree with this Policy then do not access or use this Website. Napier Enterprises reserves the right, in its sole discretion, to update, revise, supplement, and modify this Policy as well as to impose new or additional terms and conditions to this Policy at any time without prior notice. Your continued access or use of the Website after such modifications have been posted shall indicate your acceptance of and agreement to be bound by this Policy as modified. It is your responsibility to review regularly this Policy.

Conditions of Use

Except as may be expressly authorized by Napier Enterprises, any reproduction, modification or distribution of the Website materials or content, in whole or in part, is strictly prohibited. Notwithstanding the foregoing Napier Enterprises hereby grants to you a license to view, download, and retain copies of this Website and materials published by Napier Enterprises on this Website for your personal, non-commercial use only, provided you do not remove or alter any copyright, trademark or other proprietary notices. You also agree that you will not use any part of this Website in such a way that suggests any type of relationship between Napier Enterprises and you or any entity related to you, unless you have received prior consent from Napier Enterprises. Except to the extent permitted by copyright law no copying or use of the material from this site is permitted except in accordance with this policy or the express permission of Napier Enterprises. Napier Enterprises reserves the right to modify, change, discontinue or suspend the Website in whole or in part, at any time, without prior notice to you. Napier Enterprises or any of its respective employees, agents, officers, directors or third party service providers (collectively, ” Napier Enterprises and Napier Enterprises Service Providers”) shall not be liable to you or any third party should Napier Enterprises exercise this right. You represent and warrant that any information or materials you provide to Napier Enterprises or post on its Website is accurate, truthful, not misleading, not confidential property of third parties, does not violate third party rights, and is offered in good faith. This includes, but is not limited to, information provided as part of any registration, to gain access to, or for use of any service offered on the Website. In addition you agree not to use the Website in connection with any of the following activities: a) sending and relaying spam, impersonating another person or entity, falsely misrepresenting your identity or your affiliations; b) using the site for illegal or fraudulent purposes; c) using the site for transmitting or distributing any objectionable material that is illegal, harassing, defamatory, tortuous, sexually explicit, obscene, hateful, or racist; d) transmitting material that contain computer programs including but not limited to viruses, Trojan horses, worms, time bombs, and cancel bots, which are designed to disrupt, destroy, harm, or damage the operation of the Website or computer. Napier Enterprises reserves the right at any time, in its discretion, to remove any content or material provided or posted by you including, but not limited to, materials Napier Enterprises deems to be in violation of this policy.

Monitoring Information

Napier Enterprises makes reasonable efforts to ensure that the information provided through the Website is current and accurate. Napier Enterprises makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information.

Ownership of Intellectual Property

Napier Enterprises owns all rights, title and interest in the Website and you acquire no interest therein. The materials provided on the Website including, without limitation, all content, site design, text, graphics and the selection and arrangement thereof are protected by copyright. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited. Nothing in this Legal Notice or your use of the Website shall grant you any rights in or to the intellectual property or proprietary rights of Napier Enterprises or any third party. If you provide material or post content onto the Napier Enterprises’s website you are hereby waiving all moral rights you may have in the material you have provided or posted. By providing or posting this material onto Napier Enterprises’s website you hereby grant to Napier Enterprises a nonexclusive, royalty free, perpetual, and irrevocable license which allows Napier Enterprises the right to use, edit, modify, adapt, reproduce, publish, distribute and display such material. You represent and warrant that you own all rights to the material you post on our website and therefore have the authority to grant such a license. Nothing in this or on the Website shall be construed as granting, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any trade-marks or trade-names of Napier Enterprises. The names of other companies, products or services referred to on the Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of Napier Enterprises or of third parties is strictly prohibited.

Links

You may not frame this Website nor link to this Website without Napier Enterprises’s express permission. If you wish to link to this Website please contact us at marketing@napieroutdoors.com. Certain links on this Website lead to other websites (“Linked Sites”). Independent parties over whom Napier Enterprises has no control maintain the Linked Sites. Use of any linked site is entirely at your own risk. Napier Enterprises makes no representations or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including the goods or services sold or made available. Napier Enterprises therefore disclaims all liability and responsibility for the availability of information, content, accuracy, products, or services found on third party sites which are linked from or to the Website. The existence of a link from the Website to any third party site does not constitute an endorsement by Napier Enterprises of the linked site or any goods, services or information provided through such Linked Sites.

Compliance with Laws

In addition to complying with this Policy, you agree to use the Website, Linked Sites and services available on or through the Website and Linked Sites for lawful purposes only and in a manner consistent with local, national or international laws and regulations. You may not use the Website or Linked Sites in any manner which could damage, disable, overburden, or impair the Website or Linked Sites or interfere with any other party’s use or enjoyment of the Website or Linked Sites.

Disclaimers, Limitations of Liability and Indemnification

YOU UNDERSTAND AND AGREE THAT: USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. NAPIER ENTERPRISES DOES NOT PROVIDE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE NAPIER ENTERPRISES DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE. THE DOWNLOADING OF MATERIAL FROM THE WEBSITE OR LINKED SITES IS DONE AT YOUR OWN RISK. NAPIER ENTERPRISES DOES NOT GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THE WEBSITE OR ANY LINKED SITE. YOU SHOULD NOT RELY ON ANY OPINION OR OTHER INFORMATION SET OUT IN THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE WHEN MAKING BUSINESS, FINANCIAL, PERSONAL OR OTHER DECISIONS. NAPIER ENTERPRISES AND NAPIER ENTERPRISES SERVICE PROVIDERS DO NOT ENDORSE THE OPINIONS OF ANY THIRD PARTY EXPRESSED ON THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE. Limitations of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NAPIER ENTERPRISES ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS BE LIABLE FOR ANY: (i) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES; (ii) DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY; (iii) CLAIMS OF THIRD PARTIES; OR (iv) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS POLICY, THE WEBSITE OR ANY LINKED SITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF NAPIER ENTERPRISES, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARISING OUT OF OR RELATED TO THIS POLICY EXCEED $100 CDN. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. Scope of Limitations and Disclaimers. THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY SET OUT IN THIS POLICY SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF NAPIER ENTERPRISES, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY. Indemnity. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NAPIER ENTERPRISES AND ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, DEMANDS, LOSSES OR EXPENSES (INCLUDING ALL LEGAL FEES) BROUGHT BY YOU OR ANY THIRD PARTY ARISING OUT OF YOUR USE OF THIS SITE IN BREACH OF THIS OR ANY OF NAPIER ENTERPRISES POLICIES OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.

Jurisdiction

The laws of the Province of Ontario and any applicable federal laws of Canada shall govern your use of the Website. The courts of the Province of Ontario shall have exclusive jurisdiction over any dispute arising out of your use of this Website.

General

This Policy, any and all other notices, policies and statements contained on the Website (as the same may be amended by Napier Enterprises from time to time without prior notice) constitute the entire agreement between Napier Enterprises and you. This Policy cannot be modified except as described elsewhere herein. This Policy supersedes anything in the Website inconsistent with this Policy. No delay or failure to exercise any right or any non-compliance by you, the user, with respect to the terms of this policy shall be construed as a waiver by Napier Enterprises. No waiver of any of this Policy shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Severability

If in any jurisdiction any part of this Policy is held, by a court of competent jurisdiction, to be invalid or unenforceable, such part of this Policy shall be restricted or eliminated to the minimum extent necessary with respect to that jurisdiction, and the remaining Policy shall otherwise remain in full force and effect. If such invalid or unenforceable provision may be modified to become valid and enforceable, such provision will be deemed to be modified so as to be valid and enforceable to the greatest extent allowed by law.

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