Conditions d'utilisation

Cyclone Taylor Figure Skating Ltd.
(at times referred to below as "we" and "us")

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
All users of this web site (at times referred to below as "you") agree that access to and use of this web site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this web site.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and

SECTION 8 - THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, Cyclone Taylor Figure Skating Ltd. may link to web sites operated by third parties (the "Linked Sites"). The Linked Sites are provided by us to you as a convenience and the inclusion of such links does not imply any endorsement by Cyclone Taylor Figure Skating Ltd. of any Linked Site. We have no control over these Linked Sites, all of which have separate privacy and data collection practices, and terms of use independent of us. You acknowledge and agree that your visits to any of the Linked Sites shall be made solely at your own risk. You acknowledge and agree that we are not responsible for the contents of any Linked Site, any link contained in a Linked Site, or any changes or updates to a Linked Site. You further acknowledge and agree that we are not responsible for any form of transmission received from any Linked Site. If you have any feedback relating to Site, or any of the Linked Sites you feel we should know about, please contact us with your (including if a specific link does not work).

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - TAXES CHARGED
All prices are subject to applicable sales taxes on both product and shipping charges. Orders shipped outside Canada are tax-exempt; all US-based shipments are billed tax free. Sales tax (HST or GST) will only be assessed for orders that are shipped to Canada as our corporate office is in Vancouver, British Columbia, Canada.

SECTION 15 - SEVERABILITY
If any provision of these terms or conditions of sale conflicts with any applicable law or regulation, that provision will be deemed by both of us to be modified to be consistent with the law or regulation, or be deleted if modification is impossible, but all other terms and conditions set forth herein, as modified, will continue.

SECTION 16 - NON-WAIVER OF COMPLIANCE
If we fail to enforce at any time any provision of these terms and conditions, any such failure will not be interpreted as a waiver by Cyclone Taylor Figure Skating Ltd. of the right to act or to enforce such term and condition.

SECTION 17 - COPYRIGHT
The entire content included in this web site with the URL cyclonetaylorfigureskating.com (the "Site"), including but not limited to text, graphics or code is protected by applicable copyright laws and is the property of Cyclone Taylor Figure Skating Ltd. Other than certain works included on the Site acquired under license, copyright in all text, graphics and software code on our Site is copyright Cyclone Taylor Figure Skating Ltd. Permission is granted to visitors to our Site to electronically copy and print hard copy portions of the contents of the Site solely for the purpose of placing an order with us or purchasing our products offered from time to time. You may display and, subject to any expressly stated restrictions or limitations relating to specific material available on our Site, download or print portions of the material from the different areas of the Site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Site is strictly prohibited, unless authorized in writing by Cyclone Taylor Figure Skating Ltd.. If you download any images or other content from our Site, You must not change or delete any proprietary notices accompanying such images or content.

SECTION 18 - TRADEMARKS
All trademarks, service marks and trade names used in our Site are trademarks or registered trademarks of either the owners thereof and used under license by Cyclone Taylor Figure Skating Ltd. or owned by Cyclone Taylor Figure Skating Ltd..

SECTION 19 - WARRANTY DISCLAIMER
OTHER THAN AS SPECIFICALLY SET FORTH IN THESE TERMS AND CONDITIONS, ALL PRODUCTS SOLD ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES, OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CYCLONE TAYLOR FIGURE SKATING LTD. DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, OUR SERVICES OR OUR PRODUCTS OFFERED FOR SALE ON THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AVAILABILITY OR COMPATIBILITY AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS SOLD ON THE SITE WILL PERFORM AS DESCRIBED, OR THAT THEY WILL BE SUITABLE FOR AN INTENDED PURPOSE SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FOR GREATER CERTAINTY, THE DISCLAIMERS SET FORTH ABOVE IN NO WAY ARE INTENDED TO DISCLAIM ANY WARRANTIES PROVIDED BY THE MANUFACTURER OF ANY PRODUCT WE SELL.

SECTION 20 - LIMITATION OF LIABILITY
INDEPENDENT OF, SEVERABLE FROM AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF GIFT BOX PORTAL ONLINE INC. TO YOU (INCLUDING LIABILITY TO PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE USE OF THE SITE OR ANY PRODUCTS SOLD HEREUNDER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF ANY DUTY), STRICT LIABILITY, STATUTORY LIABILITY OR OTHERWISE EXCEED THE CONSIDERATION PAID BY YOU TO CYCLONE TAYLOR FIGURE SKATING LTD. FOR THE PRODUCT IN QUESTION GIVING RISE TO THE CLAIM. IN NO EVENT WILL THE CYCLONE TAYLOR FIGURE SKATING LTD. BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES WILL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

SECTION 21 - TYPOGRAPHICAL ERRORS
In the event that a product sold on the Site is mistakenly listed at an incorrect price, We reserve the right to refuse or cancel any orders placed for such product listed at the incorrect price. We reserve the right to refuse or cancel any such orders involving a mistaken price whether or not the order has been confirmed and your credit card or debit card has been charged. If your credit card or debit card has already been charged for the purchase and we subsequently cancel your order in this respect, we will notify you promptly and shall issue a full credit to your credit card or debit card account in the amount of the incorrect price.

SECTION 22 - AMENDMENTS
These terms and conditions of sale set forth herein contain all the terms and conditions governing the sale of our products offered on this Site and may not be modified or amended except by an agreement which has been signed by an authorized signatory of Cyclone Taylor Figure Skating Ltd. and specifically referring to this Agreement.

SECTION 23 - HEADINGS
The headings contained in these terms and conditions are included for mere convenience of reference and will not affect or be used in the interpretation of this document.

SECTION 24 - CURRENCY
Unless otherwise expressly noted in writing from Cyclone Taylor Figure Skating Ltd., any reference to dollar amounts referred to above or otherwise relating to the sale of our Products will be deemed to be lawful currency of Canada.

SECTION 25 - EXCLUSION OF CISG
The application of the United Nations Convention on Contracts for the International Sale of Goods will not apply to any part of any transactions which may result from your placement of an order with us, including any agreement constituted by our acceptance of any order from you and the same is hereby strictly excluded.

SECTION 26 - INTERPRETING AND ENFORCING THIS AGREEMENT
The agreement constituted by the acceptance by us of any order from you will be governed by and interpreted exclusively in accordance with the laws (procedural and substantive) of the Province of British Columbia and Canada as if made and performed by and between parties situate in such province and without regard to conflict of laws doctrine and in accordance with the English language text in the form set forth in these terms and conditions.

SECTION 27 - RESOLVING DISPUTES-MEDIATION
Any and all disputes, controversy or claims arising out of or in connection with or in relation to any agreement constituted by the acceptance by us of any order for the sale and purchase of products available from time to time on our Site by you or the breach thereof, including any question regarding its existence, validity, performance or termination and any tort or other common law or statutory claim arising out of or relating to its negotiation, execution or performance (collectively, the "Dispute"), will be first subject to non-binding mediation in an effort to resolve any such Dispute by participating in a structured negotiation conference with a mediator under the Commercial Mediation Rules of the British Columbia International Commercial Arbitration Centre. The mediation will be held in Vancouver, British Columbia, Canada. You agree with us to use best efforts to conduct any dispute resolution procedures herein as efficiently and cost effectively as possible. All aspects of the mediation will be treated as confidential. The costs of the Mediator will be shared equally between you and Cyclone Taylor Figure Skating Ltd.. The mediation may, at the option of either you or Cyclone Taylor Figure Skating Ltd., occur by video conference transmission. The party electing to participate in the mediation by video conference will be responsible for paying the costs of one Mediator who must attend and participate in the mediation at the video conference facility selected by the party engaging such person.

SECTION 28 - ARBITRATION
If the Dispute cannot be settled within 45 calendar days after the Mediator(s) has (have) been appointed, or such other period agreed to in writing by you and Cyclone Taylor Figure Skating Ltd., the Dispute will be referred to and finally resolved by binding arbitration under the International Commercial Arbitration Rules of Procedure administered by the British Columbia International Commercial Arbitration Centre. The place of arbitration will be Vancouver, British Columbia, Canada. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its Rules and the determination of such arbitrator will be final and binding upon the parties hereto. A judgment on the award of the arbitrator may be entered into any court having jurisdiction over you and Cyclone Taylor Figure Skating Ltd. and you and Cyclone Taylor Figure Skating Ltd. agree to and hereby waive any defenses against the enforceability and execution of any such judgment awarded by the arbitrator as hereby contemplated. The award will earn interest, without any duplication, from the date of the award until satisfied in full at the rate of 18% per year calculated and compounded annually. The arbitrator will have the right to award actual reasonable legal fees and costs on a solicitor and own client basis against the party prevailing in any Dispute settled by arbitration.

Judgment on the award of an arbitrator may be entered by any court having jurisdiction over the person or property of the person against whom enforcement of the judgment is sought. Any rule of interpretation, law or regulation that provides that the language of a contract will be interpreted against the drafter will not apply to this Agreement.

SECTION 29 - APPOINTMENT OF MEDIATOR AND ARBITRATOR
Any mediator or arbitrator will be appointed by agreement between you and us or, in default of agreement, such mediator or arbitrator will be appointed by a Judge of the Supreme Court of British Columbia sitting in the Courts of Vancouver, upon the application of either you or Cyclone Taylor Figure Skating Ltd.

SECTION 30 - PROCEDURE
In any arbitration proceeding contemplated by these terms and conditions, you and Cyclone Taylor Figure Skating Ltd. agree that each of us will be entitled to discovery to the same extent permitted by the Supreme Court of British Columbia as if the matter were being adjudicated in such Court.

SECTION 31 - ATTORNMENT
You waive (a) any right to object to venue or jurisdiction based on inconvenient forum or for any other reason; and (b) any statutory or other right pursuant to the laws of the jurisdiction in which you are resident to have a court case or arbitral hearing relating to any Dispute adjudicated or resolved in that jurisdiction.

SECTION 32 - NOTICE
We may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the email or street addresses you have provided to us.

SECTION 33 - PARTICIPATION DISCLAIMER
Cyclone Taylor Figure Skating Ltd. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Cyclone Taylor Figure Skating Ltd. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Cyclone Taylor Figure Skating Ltd. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Cyclone Taylor Figure Skating Ltd. in its sole discretion.

SECTION 34 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Cyclone Taylor Figure Skating Ltd., its officers, directors, employees, agents, licencors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

SECTION 35 - UPDATED TERMS
Your access and use of our Site will always be subject to the most current version of these Terms and Conditions. Please regularly check this Terms and Conditions link on the home page of our Site to view the then-current version of same. If we post amended terms on the Site, such terms will automatically become effective, and shall apply immediately upon being posted on the Site. By using the Site after such revised terms are posted, you agree to be bound by any such revised terms at the effective time.

SECTION 36 - ADMISSIBILITY
A printed version of these Terms and Conditions and of any notice given to you in electronic form will be admissible in judicial or arbitral proceedings based upon or relating to any Dispute or otherwise involving these 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.

SECTION 37 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us:
sales {at} cyclonetaylorfigureskates.com

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