Terms of Use

Acceptance of Terms of Use

These terms of use are entered into by and between you and Wairco Goods Inc. (“Wairco,” “us”, “we”, or “our”). The following terms and conditions, together with any additional terms and conditions and policies referenced herein or available by hyperlink (collectively,  “Terms of Use” or “Terms”), govern your access to and use of wairco.com (the “Site”), including any content, functionality, products, and services offered on or through the Site, whether as a guest or a registered user.


PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SITE.  BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT https://wairco.com/pages/privacy-policy. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MAY NOT ACCESS, USE, OR MAKE PURCHASES THROUGH THE SITE. 


THESE TERMS INCLUDE A CLASS ACTION WAIVER AND WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.


This Site is offered and available to users who are 18 years of age (or the age of majority in your state or province of residence) or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Wairco. If you do not meet this requirement, you must not access or use the Site.


Changes to Terms of Use

We reserve the right to update, change, or replace any part of these Terms of Use without prior notice from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. 


Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You should review these Terms each time you access this Site so you are aware of any changes, as they are binding on you. You can review the most current version of the Terms of Use at any time on this page.


  1. Age of Users

By accepting these Terms through your use of the Site, you certify that you are 18 years of age (or the age of majority in your state or province of residence) or older.  If you are under the age of 18 (or the age of majority in your state or province of residence) but are at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Individuals under the age of 18 are not permitted to purchase products from the Site without the supervision of a parent or legal guardian.


  1. Use of Site Materials

Wairco grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to view, use, and print individual pages of the Site for your personal, non-commercial use. Unless otherwise noted, the Site and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Wairco, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Wairco. Any use of the Site not expressly permitted by these Terms is a breach of these Terms of Use and may violate copyright, trademark, and other laws. You may not reproduce (except as noted above), publish, upload, post, transmit, distribute, display, modify, create derivative works from, sell, or exploit any of the material on our Site in any way without the prior written permission of Wairco. 


This Site sells products to retail consumers for their personal or household use only. This license does not include and strictly prohibits: any resale or export of the Site or its content, including any products; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its content; or any use of data mining, robots, or similar data gathering and extraction tools.  All rights not expressly granted to you in these Terms of Use or are reserved and retained by Wairco or its licensors, suppliers, or other content providers. Wairco reserves the right to terminate this license and your access to the Site in the event you fail to comply with any of these Terms of Use or our Privacy Policy.  


  1. Trademarks

Wairco’s name, the terms WAIRCO, logo  and all related names, logos, product and service names, designs, and slogans are trademarks of Wairco or its affiliates or licensors. You must not use such marks without the prior written permission of Wairco. 

APPLE AND APPLE AIRTAG are trademarks of Apple Inc. or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.


  1. User Accounts

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policyhttps://wairco.com/pages/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.


If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us via email at hello@wairco.com immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.


We reserve the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.


Wairco reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.


  1. User Contributions

You may submit or otherwise make available, comments, product reviews, suggestions, ideas, and other content to Wairco, including though this Site, or otherwise disclose, submit offer such information in connection with your use of this Site (collectively, the “User Contribution(s)”).  By doing so, you represent and warrant that you own or otherwise control all of the rights to any such User Contribution, that it complies with these Terms, and that you have the right to grant the license granted in this section. Any User Contribution you post to this Site will be considered non-confidential and non-proprietary, and with respect to any User Contributions submitted through or made available for inclusion on this Site, you grant us and our licensees, successors, and assigns a perpetual, irrevocable, non-terminable, worldwide, royalty-free, non-exclusive right and license to use, copy, reproduce, adapt, publish, perform, translate, distribute, publicly display, modify, create derivative works, and sublicense such content throughout the world in any media, all without any payment to you or further authorization from you. You grant Wairco the right to use the name, age range, and state, province, or country of residence that you submit in connection with such User Contributions, if Wairco chooses to do so. Wairco shall not be limited in any way in its use, commercial or otherwise, of any User Contributions. Wairco is under no obligation to maintain any User Contributions in confidence, pay you any compensation for any User Contributions, or respond to any User Contributions.

The posting of any third-party, user-generated submissions or User Contributions does not constitute Wairco’s endorsement of those submissions.  Wairco cannot undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it is posted.  Accordingly, Wairco assumes no responsibly or liability for any action or inaction regarding any User Contributions provided by you or any third-party and has no liability for any claim, including, without limitation, loss or injury to real, tangible or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury or wrongful death in connection with any such third-party, user-generated submissions or User Contributions.  Wairco reserves the right, but shall not be obligated, to monitor and edit or remove any visitor activities or User Contributions.

Notice of Copyright Infringement

If you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on or through the Site in a way that infringes your copyright rights, please inform our designated Copyright Agent by sending written notice by to Wairco Goods Inc., Attn: Copyright Agent, 548 Beatty St., Vancouver, BC, Canada, V6B 2L3, or by email to lbryan@wairco.com. Pursuant to the Digital Millennium Copyright Act, to be effective you must include the following information in your written notice: 

  • A detailed description of the copyrighted work you believe is being infringed;
    • A description (such as the subdomain link) of the location on the Site where the allegedly infringing content appears;
    • Your contact information, including your name, address, telephone number, and, if available, email address;
    • A statement that you have a good faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law;
    • A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and
    • An original or electronic signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. 

 

 

  1. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site: (a) for any unlawful purposes, or in any way that violates any applicable federal, provincial, state, local, or international laws rules, or regulations; (b) to promote, or to solicit others to perform or participate in, any unlawful acts; (c) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (d) to threaten, harass, abuse, insult, harm, defame, slander, disparage, intimidate any person, or to discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or transmit any material that is vulgar, obscene, sexually explicit, pornographic, hateful, profane, indecent, or derogatory; (e) to infringe upon or violate our intellectual property rights or the intellectual property rights or other rights of any third party; (f) to submit false, misleading, deceptive, defamatory, or otherwise objectionable information; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation or commercial activity, such as contests, sweepstakes, and other sales promotions; (h) for any obscene or immoral purpose; (i) to collect or track the personal information of others; (j) to impersonate or attempt to impersonate Wairco, a Wairco employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or (k) to engage in any other conduct that, as determined by us, is otherwise objectionable, restricts, impairs, interferes or inhibits any user from use or enjoyment of the Site, or which may harm Wairco or users of the Site, or expose them to liability.


Additionally, you agree not to: (l) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site; (m) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (n) use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (o) use any device, software, or routine that interferes with the proper working of the Site; (p) introduce, upload, or transmit any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (q) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; (r) interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet; (s) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (t) otherwise attempt to interfere with the proper working of the Site.


In addition to any remedies that Wairco may have at law or in equity, if Wairco determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, it may take any action it deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from the Site. Wairco will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.


  1. Reliance on Information Posted

Wairco offers and displays the products on this Site as reasonable representations and availability of the color, configuration, design, texture, and/or look of its products. However, we cannot guarantee that your monitor’s display of merchandise color or detail will be accurate. On occasion, the Site may contain incomplete information, typographical errors, or inaccuracies that may related to product or service descriptions, pricing, promotions, offers, sizing, fabrication, color, product shipping charges, transit times, or availability. Additionally, note that certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We reserve the right to correct errors at any time without prior notice (including after your order has been placed). 


The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.


  1. Changes to the Site and Terms

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. 


Wairco reserves the right to terminate, change, suspend, or discontinue any aspect of this Site, including the availability of any features, products, or services we provide on the Site, at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.


We also reserve the right to update, change, or replace any part of these Terms of Use without prior notice from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.  Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You should review these Terms each time you access this Site so you are aware of any changes, as they are binding on you. You can review the most current version of the Terms of Use at any time on this page.


  1. Prices and Payment Terms

All prices, discounts, promotions, and descriptions of products or services posted on this Site are subject to change without notice. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email.


We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.


Terms of payment are within our sole discretion and, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. 


  1. Online Purchases

You may not use our products for any illegal or unauthorized purpose. 


We reserve the right to refuse service to anyone for any reason at any time. In its sole judgment, Wairco reserves the right, but is not obligated, to limit the sales of its products or services to any person, entity, 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. We reserve the right to discontinue any product or services at any time. Any offer for any product or service made on this Site is void where prohibited.


All purchases through our Site are governed by our terms of sale and are subject to return or exchange only according to our Refund Policy https://wairco.com/policies/refund-policy, which are hereby incorporated into these Terms.  Additional terms and conditions may also apply to specific portions, services or feature of the Site and all such additional terms and conditions are hereby incorporated by reference into these Terms.


You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.


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, or orders that use the same billing or shipping address. 


In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, or telephone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.


You agree to provide current, complete, and accurate purchase and account information for all purchases made through our Site. 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.  Providing any untruthful, inaccurate, or incomplete information constitutes a breach of these Terms.  By confirming your purchase at the end of the checkout process, you agree to pay for the item(s) requested, including shipping and handling charges and all applicable taxes, if any.


Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


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.


  1. Order Cancellations

When placing an order on the Site, once you submit your order we are unable to cancel or change your order at that time. However, once you have received your order, you may be able to make a return. Please see our Refund Policy https://wairco.com/policies/refund-policy for more details.


  1. Links to Third Party Sites

Certain content, products and services available via our Site may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only, and do not constitute an endorsement by Wairco of the content, products, or services of such third-party websites nor of the business practices of such other businesses, entities, or individuals. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.


  1. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.


YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WAIRCO NOR ANY PERSON ASSOCIATED WITH WAIRCO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WAIRCO NOR ANYONE ASSOCIATED WITH WAIRCO REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 


TO THE FULLEST EXTENT PROVIDED BY LAW, WAIRCO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 


THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


SEE SECTION 23 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13. 

  1. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WAIRCO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 


THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


SEE SECTION 23 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 14. 

  1. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Wairco, its subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.


SEE SECTION 23 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 15. 

  1. Notice and Electronic Communications

When you visit this Site or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by email, text, and/or by posting notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


  1. Privacy Policy

All information we collect on this Site is subject to our Privacy Policy https://wairco.com/pages/privacy-policy, which is incorporated herein by reference. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.    


  1. General

These Terms of Use, including all documents or policies referenced herein, represents the entire understanding between you and us regarding your relationship with Wairco and supersedes any prior or contemporaneous statements or representations. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. In the event of a violation of these Terms, Wairco reserves the right to seek all remedies available by law and in equity. No waiver by Wairco of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wairco to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. You agree that these Terms of Use and Privacy Policy and all agreements and notices incorporated herein may be automatically assigned by Wairco, in our sole discretion, to a third party. You may not assign these Terms of Use or your obligations to any other individual or entity, and any attempt by you to do so is void. 


SEE SECTION 23 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 18.

  1. Survival

The provisions regarding the parties’ rights and obligations with respect to indemnification, intellectual property, dispute resolution, and confidentiality, as well as any other provisions necessary to interpret the respective rights and obligations of the parties under these Terms, shall survive the expiration or termination of these Terms.


  1. International Law and Geographic Restrictions

This Site, its content, product information, and any products sold through the Site are intended to comply with U.S. and Canadian laws and regulations.  If you are a non-U.S. or non-Canada based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S. and Canada.  Access to the Site may not be legal by certain persons or in certain countries, and Wairco makes no representation that materials on this Site are appropriate or available for use outside of the United States or Canada

It is your responsibility to ascertain and obey all applicable local, state and federal and international laws in regard to the purchase, possession, use, and sale of any item purchased from this Site.

  1. Governing Law and Jurisdiction

By accessing or using the Site, you agree that all matters relating to the Site and these Terms of Use, our Privacy Policy, and any dispute or claim that might arise between you and Wairco (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Canada without giving effect to any choice or conflict of law provision or rule.


Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the courts of Canada located in Vancouver, BC, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OR PROVINCE OF RESIDENCE AS SET FORTH IN SECTION 23. 


  1. Disputes

Except as otherwise expressly set forth in these Terms of Use, any dispute, claim or controversy at law or equity relating in any way to these Terms of Use, our Privacy Policy, any products or services sold or distributed by Wairco or through the Site, your use of the Site, or to and any dispute of any sort that might arise between you and Wairco (each a “Claim”) that cannot be resolved informally shall be resolved by binding arbitration, rather than in court.  In order to expedite and control the cost of disputes, you and Wairco agree that any Claim will be resolved as follows:

 

  1. Informal Resolution:


Most disputes can be resolved without resort to litigation. You can reach Wairco’s customer service department at hello@wairco.com. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Wairco’s customer service department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the Claim and the requested relief. After the Notice is received, you and Wairco may attempt in good faith to resolve the Claim informally. If the Claim has not been resolved in the ordinary course of business within 45 days of the date of the receipt of the Notice, the parties agree that prior to attempting to resolve the Claim by arbitration, as set forth below, they will attempt to settle the dispute in good faith by mediation.  The parties will use any mediation procedure to which the parties agree, which procedure will be non-binding and confidential unless otherwise agreed upon by the parties.  


SEE SECTION 23 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 22(A).

 

  1. Formal Resolution by Binding Arbitration:

 

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any Claim arising out of or relating to these Terms of Use, the applicability of these Terms of Use to the use of this Site, or purchase of any Wairco or other products on this Site, or to breach or enforcement, interpretation or validity of these Terms of Use, or the determination of the scope or applicability of arbitration shall be governed by the applicable arbitration laws or regulations.

 

If the parties do not reach an agreed-upon solution within a period of 60 days from the time mediation is initiated under the Informal Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve Claims, subject to the terms set forth below. By agreeing to arbitration, both you and Wairco understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Wairco each agree to settle disputes (except certain small claims or as otherwise set forth in these Terms) only by arbitration. The rules in arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms of Use as a court would.


(1) Binding Arbitration:  Arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section, and the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider and applicable arbitration law shall govern all aspects of this arbitration, including, but not limited to, the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms of Use. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider, except as otherwise required or allowed by the ADR Provider’s rules.  You acknowledge and agree that we may be entitled to reimbursement of our arbitrator’s and/or attorney’s fees and expenses from you in the event the arbitrator finds the arbitration frivolous, brought for an improper purpose, or otherwise determines that we are entitled to such reimbursement.

 

(2) Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration applies, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.


(3) Confidentiality: All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.


(4) Exception: Litigation of Intellectual Property: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to infringement, misappropriation, theft, piracy, or unauthorized use of intellectual property in a court of competent jurisdiction or in the applicable Intellectual Property Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). 


(5) Waiver of Jury Trial: THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all Claims (except as expressly excluded in this Formal Resolution by Binding Arbitration section) shall be resolved by binding arbitration. In the event any litigation should arise between you and Wairco in any court of competent jurisdiction in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WAIRCO WAIVE ALL RIGHTS TO A JURY TRIAL (including, but not limited to, any Claims, counterclaims, cross-claims, or third party claims), instead electing that the dispute be resolved by a judge.  Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.


(6) Waiver of Class or Consolidated Actions: ALL CLAIMS MUST BE ARBITRATED OR LITIGATED, AS THE CASE MAY BE, ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH ANY CLAIM OF ANY OTHER CUSTOMER, USER OR PARTY, WHETHER THROUGH CLASS ACTION PROCEEDINGS, CLASS ARBITRATION PROCEEDINGS, REPRESENTATIVE ACTION, OR OTHERWISE.  THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.


These Terms govern to the extent they conflict with the ADR Provider’s rules.


  1. Time to Bring Your Claim:

 
ANY CLAIM YOU MAY HAVE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE (INCLUDING THE PURCHASE OF ANY PRODUCT VIA THE SITE) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES; OTHERWISE, SUCH CAUSE OF ACTION OF CLAIM IS PERMANENTLY BARRED.


SEE SECTION 23 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 22(C).

  1. Exclusions and Limitation; Consumer Protection Notice

If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your state or province of residence. In any event, Wairco reserves all rights, defenses, and permissible limitations under the law of your state or province of residence. Notwithstanding the foregoing, nothing in this Section shall modify Section 22(B) (Formal Resolution by Arbitration).


  1. Additional Assistance

This Site is operated by Wairco Goods Inc. 548 Beatty St., Vancouver, BC, Canada, V6B 2L.


See Section 5 above regarding the procedure for notices of alleged copyright infringement.


All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: hello@wairco.com



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