Terms and Conditions Agreement.
Please carefully read this Terms and Conditions Agreement ("Agreement"). By accessing this web site and any pages hereof, you agree to be bound by the terms and conditions below. This Agreement describes the terms and conditions applicable to your use of our web site and the services provided by us or through this web site (the "Services"). If you do not agree to these terms and conditions, you may not use this web site.
HDBright.com ("The Website") may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the HDBright.com web site. Your continued use of The Website signifies your acceptance of such revised Terms and Conditions Agreement, so check back frequently to read the most recent version.
The Website, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of HD Bright, and/or its various subsidiaries, affiliates, HD Bright Associate Dealers, third party providers and distributors ("Third Parties"), and are protected under the copyright laws of Canada and other countries. None of the content found on The Website may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of HD Bright and/or the applicable Third Parties.
HDBright.com, HD Bright, 4StrokesPower, BrightPowerHiD, BrightPowerLeD and all other HD Bright related trademarks and design marks displayed on The Website (collectively, the "Trademarks") are registered and common law trademarks of HD Bright. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. Nothing contained on The Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of HD Bright or such other party that may own the applicable trademarks.
The Website reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. The Website and/or its various subsidiaries, affiliates, HD Bright Associate Dealers, third party providers and distributors shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
Use of site
You agree that your use of this web site (The Website) is subject to and governed by these Terms and Conditions. By accessing our website and applying or using any of our Services, you certify to us and agree that: you are at least eighteen (18) years of age, you assume full responsibility for the use of any of our Services by any minors, you agree not to knowingly submit false information on our website or through the use of the Services and your use of our Services is subject to all applicable federal, provincial, state, and local laws and regulations.
Neither The Website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of HD Bright, except that you may download, display and print the content presented on The Website for your personal, non-commercial use only. Unauthorized use of The Website and/or the content contained on The Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited, except with the express written permission of HD Bright.
You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
In its sole discretion, in addition to any other rights or remedies available to The Website and without any liability whatsoever, The Website at any time and without notice may terminate or restrict your access to any component of The Website.
User name and password
Your website account may be accessed only by use of your e-mail address ("Login Name") and password. You are solely responsible and liable for any use and misuse of your Login Name and password and for all activities that occur under your Login Name and password. For security reasons, you must keep your Login Name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized HDBright.com representative. We recommend that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
All Login Names and passwords remain the property of The Website, and may be cancelled or suspended at any time by The Website without any notice or liability to you or any other person. The Website is not under any obligation to verify the actual identity or authority of the user of any Login Name or password.
You must immediately notify HDBright.com of any unauthorized use of your Login Name or password, or if you know or suspect that your Login Name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
We enable visitors to The Website to provide us with feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant The Website a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant The Website the right to use the name you submit with the Customer Content, if any, in connection with The Website' rights hereunder.
Online prices, product and service selection and availability, and sale effective dates may vary by geographic region. Due to differences in sale effective dates across the country, items may be available online at the sale price before they are available in store. Dealers are under no obligation to make promotional products available, or to match online prices. Market conditions and competitive pressures may cause prices and availability to change without further notice. HD Bright Dealers may sell for less. Additionally, although great care is taken in the production of The Website, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time.
All prices quoted are payable in Canadian Dollars or US Dollars and, unless otherwise stated, do not include GST, PST, QST or HST.
The Website reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if The Website believes that customer conduct violates applicable law or is harmful to the interests of The Website or any Third Parties.
Except as explicitly provided in these Terms and Conditions as amended from time to time, The Website, HD Bright and the Third Parties make no representations or warranties of any kind, express or implied, regarding HDBright.com and/or any content provided on The Website, all of which are provided on an "as is" and "as available" basis. The Website, HD Bright and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of The Website, or any of the content or data found on The Website, and expressly disclaim all warranties and conditions in respect of The Website, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
The Website, HD Bright and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
The Website, HD Bright and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on The Website or your downloading of any materials, data, text, images, video or audio from The Website.
In no event shall The Website , HD Bright or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of The Website or content found herein, the operation of the web site, or any failure or delay in the operation of the web site (including, but not limited to the inability to use any component of The Website for purchases) even if advised of the possibility of damages.
If, notwithstanding the foregoing, The Website , HD Bright or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of The Website or its content, the liability of The Website, HD Bright and the Third Parties shall in no event exceed in the aggregate $250 CAD.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of related to use of the services or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You shall indemnify and save harmless The Website, HD Bright and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of The Website.
The Website may contain links to other web sites or internet resources which are provided solely for your convenience and information. When you click on one of those links you are contacting another Web site or Internet resource. The Website and HD Bright has no responsibility or liability for, or control over, those other web sites or internet resources or their collection, use and disclosure of your personal information. We encourage you to read the privacy policies of those other web sites to learn how they collect and use your personal information.
The relationship between The Website and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of The Website.
This Agreement and its performance shall be governed by the laws of the Province of Quebec, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Montreal, in the Province of Quebec, Canada, in all disputes arising out of or relating to the use of The Website and these Terms and Conditions.
Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on The Website.
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.