TERMS OF USE
PLEASE READ THE ENTIRETY OF DOCUMENT CAREFULLY
These Terms of Use (“Terms”) are an agreement between Western Relics Inc. and their affiliates (collectively, “We”, or “Us”, or the “Corporation”) and you (“You” or “Your”). Read these Terms carefully as these Terms shall govern Your use of WesternRelics.ca, and any other media form, social media platform (including the Western Relics Inc. Facebook Group), media channel, mobile website or mobile application related, linked, or otherwise connected thereto and the content, information and services provided through them (collectively, the “Sites”). Your use of the Sites constitutes Your agreement to follow and be bound by these Terms. If You do not agree to these Terms, do not use the Sites.
The Corporation may immediately, at its sole and unfettered discretion, terminate or modify these Terms and cease any access to the Sites at any time and for any reason. Notice and explanation are not required by the Corporation.
Use of the Sites
The Sites include but are not limited to an online retail store that sells various products and clothing, and facilitates promotional contests sponsored by the Corporation. The Corporation reserves the right to refuse or cancel any order or attempted purchase made by You through the Sites. The Corporation may also limit the amount or quantity of items purchased and may add or remove any items for sale at any time, in the Corporations sole discretion.
You agree not to copy the Sites, reverse engineer or break into any of the Sites. You undertake to not use the Sites for any illegal activities, including but not limited to, infringing or violating the rights of any other party. You agree to not exploit the Sites in any unauthorized way whatsoever.
We have made every effort to ensure that any items or services sold through the Sites are displayed as accurately as possible, but the Corporation cannot guarantee any items or services purchased by You through the Sites will be exactly as it is shown on the Sites.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Sites at any time or for any reason at our sole discretion without notice. However, the Corporation has no obligation to update any information on our Sites. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Sites. You agree to be bound by these Terms in relation to any modification, price change, suspension, or discontinuance of the Sites.
The Corporation cannot guarantee the Sites will be available at all times, the Sites may experience hardware, software, hosting or other problems or need to perform maintenance related to the Sites, resulting in interruptions, delays, or errors. The Corporation reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Sites at any time or for any reason without notice to You. You agree that the Corporation has no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Sites during any downtime or discontinuance of the Sites. Nothing in these Terms will be construed to obligate the Corporation to maintain and support the Sites or to supply any corrections, updates, or releases in connection therewith.
Corrections
There may be information on the Sites that contains typographical errors, inaccuracies, or omissions (collectively, “Errors”) that may relate to the Sites, including descriptions, pricing, availability, and various other information. We reserve the right to correct any Errors and to change or update the information on the Sites at any time, without prior notice.
The Corporation further reserves the right to refuse a purchase or attempted purchase through the Sites if the Corporation determines, in their sole discretion, that the purchase was any in anyway impacted or modified by any Errors.
Intellectual Property Rights
Unless otherwise indicated, the Sites are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Sites (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada and the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided through the Sites “as is” for Your information and personal use only. Except as expressly provided in these Terms, no part of the Sites and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that You are eligible to use the Sites, You are granted the limited license to access and use the Sites and to download or print a copy of any portion of the Content to which You have properly gained access solely for Your personal, non-commercial use. We reserve all rights not expressly granted to You in and to the Sites, Content and the Marks.
Privacy
We care about data privacy and security. By agreeing to these Terms of Use, You acknowledge and agree to the Corporation’s Privacy Policy found here https://www.westernrelics.ca/privacy-policy. By using the Sites, You agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Sites are hosted in either Canada or the United States. If You access the Services from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada or the United States, then through Your continued use of the Sites, You are transferring Your data to Canada or the United States, and You expressly consent to have Your data transferred to and processed in Canada or the United States.
User Generated Contributions
The Corporation may invite You to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Sites, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Sites and through third-party websites. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions, You thereby agree, represent and warrant that:
a) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
b) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Sites, and other users of the Sites to use Your Contributions in any manner contemplated by the Sites and these Terms;
c) You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by the Sites and these Terms of Use;
d) Your Contributions are not false, inaccurate, or misleading;
e) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
f) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us, in our absolute discretion);
g) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
h) Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
i) Your Contributions do not violate any applicable law, regulation, or rule;
j) Your Contributions do not violate the privacy or publicity rights of any third party;
k) Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
l) Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
m) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
n) Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Sites in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of Your rights to use the Sites, and criminal or civil remedies.
Contests, Sweepstakes and Promotions
Any contests or other promotions (collectively, "Promotions") made available by the Corporation and/or through the Sites may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
LIMITATION OF LIABILITY AND INDEMNITY
ANY ITEMS OR SERVICES SOLD THROUGH THE SITES ARE SOLD TO YOU ON AN “AS IS” BASIS. THE CORPORATION SPECIFICALLY DENIES ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, OR IMPLIED, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CORPORATION MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SITES OR ANY ITEMS OR SERVICES SOLD THROUGH THE SITES. THE CORPORATION DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE SITES OR ANY ITEMS OR SERVICES SOLD THROUGH THE SITES. ANY AND ALL RISKS ARISING OUT OF THE YOUR USE OF THE SITES, IS THE SOLE RESPONSIBILITY OF YOU TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE CORPORATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, PERSONAL INJURY, PROPERTY DAMAGE (INCLUDING SOFTWARE OR COMPUTER DAMAGE) RELATED TO OR IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SITES OR USE OF ITEMS OR SERVICES PURCHASED THROUGH THE SITES, REGARDLESS OF WHETHER THE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (“Losses”).
THE CORPORATION DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES, SOFTWARE GLITCHES OR OTHER HARMFUL COMPONENTS.
THE USE OF THE SITES MAY INVOLVE RISKS, DANGERS AND HAZARDS TO BOTH PERSON AND PROPERTY AND THE YOU HEREBY ACCEPT AND ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS, HOWSOEVER CAUSED. THE CORPORATION SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSSES RESULTING TO YOU, YOUR PROPERTY OR TO ANY THIRD PARTY FOR ANY LIABILITIES, OBLIGATIONS, CLAIMS, DAMAGES, PENALTIES, AND CAUSES OF ACTIONS, COSTS AND EXPENSES (“CLAIMS”).
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, THE LIABILITY OF THE CORPORATION FOR ANY REASON AND UPON ANY CLAIM SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL MONIES PAID BY YOU TO THE CORPORATION FOR THE SPECIFIC USE OF THE SITES OR PURCHASE THROUGH THE SITES THAT RELATE TO THE CLAIMS OR LOSSES.
YOU HEREBY COVENANT AND AGREE TO INDEMNIFY AND SAVE HARMLESS THE CORPORATION, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDINGS, COSTS, EXPENSES, LOSSES, DAMAGES AND LIABILITIES, INCLUDING SOLICITORS’ FEES AND DISBURSEMENTS ON A SOLICITOR AND OWN CLIENT FULL-INDEMNITY BASIS, ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THE USE AND OPERATION OF THE SITES AND/OR THE ITEMS OR SERVICES PURCHASED THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING:
ANY INJURY, DISABILITY OR DEATH OCCASIONED TO OR SUFFERED BY ANY PERSON, INCLUDING DAMAGE TO ANY PROPERTY ARISING FROM THE USE OF THE SITES OR THE USE OF ANY ITEMS OR SERVICES SOLD THROUGH THE SITES; AND
ANY DAMAGE OF ANY KIND OR NATURE WHATSOEVER OR HOWSOEVER ARISING TO THE PRODUCT IN CONNECTION WITH YOUR ACTIONS, INCLUDING ANY DAMAGE CAUSED BY OR CONTRIBUTED TO BY YOUR NEGLIGENCE.
Third-Party Websites and Content
The Sites may contain (or You may be sent via the Sites) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and the Corporation is not responsible for any Third-Party Websites accessed through the Sites or any Third-Party Content posted on, available through, or installed from the sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by the Corporation.
If You decide to leave the Sites and access the Third-Party Websites or to use or install any Third-Party Content, You do so at Your own risk, and You should be aware that the Third-Party Content is not governed by these Terms and is not subject to our Privacy Policy. You must review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content or websites to which You navigate from the Sites or relating to any applications You use or install from the Sites. Any purchases You make through Third-Party Websites will be through other websites (and not as part of the Sites) and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third party. You acknowledge and agree that the Corporation does not endorse the products or services offered on Third-Party Websites and covenant and agree to indemnify and hold us harmless from any harm caused by Your purchase or use of such products or services, including, without limitation, any Losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Dispute Resolution
To the extent permitted by the applicable law, in the event of any Losses, dispute, Claim, action or controversy that arises out of, or in connection with the Sites or these Terms (the “Dispute”), the parties (being the Corporation and You) agree to the following dispute resolution process: the party asserting the Dispute shall first try and settle the dispute through good faith negotiations with the other party by first providing notice to the other party by registered mail detailing the facts and any dollar value assigned to the Dispute (the “Notice of Dispute”). The party receiving the Notice of Dispute will then have 30 days in which to respond or settle the dispute. The Notice of Dispute shall be sent to:
(1) to the Corporation at: PO Box 144 Hardisty, AB, T0B 1V0, with a copy to: Bryan & Company LLP 10180 101 Street Northwest, 2900 Manulife Place, Edmonton, AB T5J 3V5; or
(2) to You at: Your last-used billing address used in relation to the Sites.
All information exchanged during this dispute resolution process or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the parties and their representatives, unless otherwise required by applicable law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.
If the Dispute cannot be settled to the satisfaction of both parties within 30 days after the Dispute Notice is received, then the following arbitration process will apply.
The Dispute shall be finally settled by arbitration in accordance with the provisions of the Arbitration Act (Alberta), which shall be triggered upon written notice by any party to the others based upon the following:
a) the arbitration tribunal shall consist of one arbitrator appointed by mutual agreement of the parties, or in the event of failure to agree within ten (10) days following delivery of the written notice to arbitrate, any party may apply to a judge of the Court of Queen's Bench of Alberta to appoint an arbitrator. The arbitrator selected by the parties, or appointed pursuant to this section must be qualified by education and training and have such technical expertise, if any, as may be necessary or appropriate having regard to the matter in dispute;
b) the parties consent to the arbitration being conducted in Edmonton, Alberta;
c) where reasonably practicable, the parties shall endeavor to have the arbitrator convene a hearing within 30 days of being selected or appointed (at which hearing the parties shall present such evidence and witnesses as they may choose, with or without counsel), and to complete the arbitration and render an award within 60 days of such selection or appointment, unless the parties have agreed in writing to different time periods;
d) the arbitrator shall be mandated to conduct the arbitration in a cost effective manner and on an expedited basis, so far as the subject matter of the dispute and a proper hearing and resolution will permit;
e) each party shall be responsible for its own costs incurred in conducting the arbitration, with the costs associated with the arbitrator and other costs of the arbitration shared equally between Owner and Contractor. Notwithstanding the foregoing, the arbitrator shall have the discretion to allocate all or any of the foregoing costs in a different manner;
f) except as expressly provided in this Agreement, any decision by the arbitrator shall be final and binding upon the parties, may be filed in any court of competent jurisdiction, and may be enforced by either party as a final judgment of such court as permitted by the governing law in the jurisdiction in which enforcement is sought;
g) all Disputes referred to arbitration (including without limitation any statute of limitations, conflict of laws rules, tort claims and interest claims) shall be governed by the substantive law of Alberta and the federal laws of Canada applicable therein;
h) the parties agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions and any awards) shall not be disclosed beyond the arbitrator, the parties, their counsel, and any person necessary to the conduct of the proceeding, except as may lawfully be required in judicial proceedings relating to the arbitration or otherwise; and
i) if a separate Dispute subject to arbitration under this section arises and is pending concurrently with a related Dispute which is subject to arbitration, the parties consent to the consolidation of such arbitration proceedings before one arbitrator if such consolidation of proceedings is feasible.
To the maximum extent permitted by law, both You and the Corporation agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Amendments to the Terms
Access and use of the Sites by You shall be considered continuous agreement by You to be contractually bound and to act in accordance with these Terms, Policies and any amendments thereto. To the extent of any conflict between the Terms and any other agreements between the Corporation and You, the Terms contained herein shall prevail. The Corporation may, from time to time, implement or amend policies for specific Sites (the “Policies”) and such Policies are deemed to be a part of these Terms and binding upon You. The Corporation may, from time to time, amend these Terms and such amendments shall take effect and be binding upon the You from the date and time such amendments are made available to the You through the Sites.
GENERAL TERMS
Governing Law
These Terms and Your use of the Sites are governed by and construed in accordance with the laws of the Province of Alberta applicable to agreements made and to be entirely performed within the Province of Alberta, without regard to its conflict of law principles.
Waiver
No provision of these Terms shall be deemed to be waived unless such waiver is in writing. Any waiver of any default committed by either You or the Corporation in the observance or the performance of any part of these Terms shall not extend to or be taken in any manner to affect any other default.
Entire Agreement
These Terms constitutes the entire agreement between You and the Corporation with respect to Your use of the Sites.
Unenforceable Terms
If any term, covenant or condition of these Terms or the application thereof to any party or circumstance shall be determined by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of these Terms shall not be affected thereby and each remaining term, covenant and condition of these Terms shall be valid and shall be enforceable to the fullest extent permitted by applicable laws.
Contact us
For all inquiries regarding the Sites or to receive further information regarding use of the Sites, please contact us at:
Western Relics Inc.
4815 44 Street Hardisty, AB T0B 1V0
780-888-5307
westernrelicsinc@gmail.com