PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
Last modified: September 18, 2018
OWNERSHIP OF THE SITE
All pages within this Site and any material made available for download are the property of The Trophy Shop, or its licensors or suppliers, as applicable. The Site is protected by Canadian and international copyright and trademark laws. Unless otherwise indicated, all Site materials, including, without limitation, all data, files, documents, text, photographs, images, audio, and video, any other materials accessed through or made available for use or download through this Site, and the selection and arrangement thereof (“Content”) are the proprietary, trademark, or copyrighted property of The Trophy Shop or its licensors. The Trophy Shop reserves the right to change any and all Content contained on this Site at any time without notice. You may not modify copies of any Content from this Site. You may not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site. You may not frame, mirror, deep link to, in-line link to, or make other similar use of, all or any part of the Site or the Site’s Content, including The Trophy Shop’s intellectual property therein, without The Trophy Shop’s prior express written authorization. You may not access any portion of the Site that is not public or is not meant to be accessed by general users, and you may not attempt to override any security measures in place on the Site.
You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal or internal use only. Any other use of the materials in this Site—including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance—without the prior written permission of The Trophy Shop is strictly prohibited.
For the avoidance of doubt, The Trophy Shop™, Trophy Shop Cornwall™, Trophy Shop Canada™, the Trophy Shop Canada logo, and any proprietary product or service names contained in this Site are either trademarks or registered trademarks of The Trophy Shop, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of The Trophy Shop. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, and/or trade dress of The Trophy Shop, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of The Trophy Shop. All other trademarks, registered trademarks, product names, and company names or logos mentioned herein are the property of their respective owners.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, images, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to The Trophy Shop, third parties in connection with The Trophy Shop, or postings on this Site, are non-confidential and that The Trophy Shop shall have a perpetual, worldwide, non-exclusive license to use such materials in connection with the maintenance of this Site and otherwise in the course of The Trophy Shop’s business. The submission of any materials to The Trophy Shop irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
CLAIMS OF COPYRIGHT INFRINGEMENT
The Trophy Shop respects the intellectual property of others. If you believe that any material on this Site infringes upon any copyright that you own or control, or that any link on this Site directs users to another Site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement by following the procedure below. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to The Trophy Shop’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed. 2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found. 3. Provide your mailing address, telephone number, and, if available, email address. 4. Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” 5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
Dennis St. Denis
The Trophy Shop
1201 Second Street West
Cornwall ON K6J 1J2
SITE ACCESS RESTRICTIONS AND PASSWORDS
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. The Trophy Shop will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
- In any way that violates any applicable federal, provincial, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).
- To impersonate or attempt to impersonate The Trophy Shop, The Trophy Shop employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm The Trophy Shop or users of the Site or expose them to liability.
USE BY CHILDREN
The Trophy Shop does not offer products for sale to children under 18. We sell products for purchase by adults only. By using this Site, you are representing to us that you are 18 years old or older. The Trophy Shop will not be liable for any damages that may result from misrepresentation of age by a user of our Site.
ERRORS & INACCURACIES
While The Trophy Shop attempts to be as accurate as possible with respect to the Site, the Site may contain typographical errors or inaccuracies, including but not limited to errors or inaccuracies related to price, product information, product description or availability, and may not be complete or current. The Trophy Shop does not warrant that the Site is accurate, complete, reliable, current, or error-free. The Trophy Shop reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted, confirmed and/or charged to your credit card) and to change or update information at any time without prior notice. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. Additionally, The Trophy Shop shall have no responsibility or liability for information or Content posted to the Site from any non-The Trophy Shop affiliated third party.
We have made every effort to display as accurately and reliably as possible the colours, sizes, dimensions, materials, textures, and all other physical aspects (“Depiction”) of the goods that may appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. We cannot guarantee, and make no warranty, promise, or agreement that any depicted or described product actually comports with its Depiction or description. If you are dissatisfied with a product offered by The Trophy Shop through the Site, your sole remedy is to return it in unused condition and The Trophy Shop’s exclusive obligation is to refund the product in accordance with our Return Policy.
Any price quotation, service information or any other such information regarding the provision of and fees for any goods or service offered by The Trophy Shop are provided purely for informational and illustrative purposes. The Trophy Shop does not guarantee and makes no warranty, promise, or agreement that any depicted or described goods or services are actually offered or comports with its description on the Site. The Trophy Shop reserves the right to cease offering any such services or benefits to any prospective or actual member or customer at any time, in all cases without notice or liability.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience and due to the customized nature of our products, The Trophy Shop processes all payments upon placement of your order. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card (or other payment accounts) has been charged, we will issue a credit to your credit card (or other applicable payment accounts) in the amount of the charge.
QUANTITY LIMITS AND DEALER SALES
You can purchase products and/or services on the Site. We accept credit and debit cards issued by Canadian banks. If a credit card account is being used for a transaction, The Trophy Shop may obtain preapproval for an amount up to the amount of the payment.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honoured by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
EXPORT POLICY AND RESTRICTIONS
You acknowledge that the products and Content which are sold or licensed on the Site are subject to the customs and export control laws and regulations of Canada and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the products or Content to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under any regulations or any economic sanctions, including the export and antiboycott restrictions or sanctions regulations. You shall defend, indemnify and hold harmless The Trophy Shop from all claims, demands, damages, liabilities, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
If you access the Site from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
THIS SITE AND THE CONTENT IN THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE TROPHY SHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE TROPHY SHOP DOES NOT REPRESENT OR WARRANT THAT THE SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT THE TROPHY SHOP PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE TROPHY SHOP DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE TROPHY SHOP DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE TROPHY SHOP DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. THE TROPHY SHOP DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY THE TROPHY SHOP MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE TROPHY SHOP, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND ANY THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE SITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE TROPHY SHOP’S RECORDS, PROGRAMS, OR SERVICES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF THE TROPHY SHOP TO YOU (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
You agree to defend, indemnify and hold harmless The Trophy Shop, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of: (a) Your activities in connection with the Site; (b) Any violation of this Agreement by you; (c) Any improper or unauthorized use of the Site; (d) Any conduct, activity or action which is unlawful or illegal under any provincial, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the Site or information which appears on the Site; and (e) Any allegation that anything you transmit or attempt to transmit, including but not limited to any content you submit, post, or otherwise make available, through or in connection with the Site, infringes or otherwise violates the intellectual property, privacy or other rights of any third party. You agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand, or claim. You shall not enter into any stipulated judgment or settlement that purports to bind The Trophy Shop without The Trophy Shop’s express written authorizations, which shall not be unreasonably withheld or delayed.
LINKING TO OUR SITE
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray The Trophy Shop or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame, or utilize framing techniques to enclose any The Trophy Shop’s trademarks, logos, or other proprietary information, including the images found at this Site, the content of any text, or the layout/design of any page or form contained on a page without The Trophy Shop’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing The Trophy Shop’s name, trademarks, or product names without The Trophy Shop’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of The Trophy Shop or any third party.
The Trophy Shop makes no claim or representation regarding and accepts no responsibility for, the quality, content, nature, or reliability of Sites linking to this Site. When you access a non-The Trophy Shop website, please understand that it is independent of The Trophy Shop and that The Trophy Shop has no control over the content on that website. In addition, a link to a non-The Trophy Shop website does not mean that The Trophy Shop endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.
USER GENERATED CONTENT, REVIEWS, FEEDBACK, AND OTHER POSTINGS TO THE SITE
If you submit, upload, or post any comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Generated Content”), or to a third party in connection with The Trophy Shop, you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behaviour, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to The Trophy Shop that you have the legal right and authorization to provide all User Generated Content to The Trophy Shop and applicable third parties for the purposes and The Trophy Shop’s use as set forth herein. The Trophy Shop shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner The Trophy Shop desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. The Trophy Shop is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
The Trophy Shop does not regularly review posted User Generated Content but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site or to third parties in connection with The Trophy Shop. You grant The Trophy Shop the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. The Trophy Shop and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold The Trophy Shop harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by The Trophy Shop arising out of any User Generated Content you post or allow to be posted to the Site.
DISPUTE RESOLUTION; ARBITRATION AGREEMENT
We will try work in good faith to resolve any issue you have with Site, including products and services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
YOU AND THE TROPHY SHOP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Trophy Shop agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
TERMINATION; REVISIONS; GENERAL
QUESTIONS AND CONTACT INFORMATION
General questions or comments about The Trophy Shop’s Site may be directed to The Trophy Shop’s Customer Service at firstname.lastname@example.org
ADDRESS OF RECORD
1201 Second Street West
Cornwall, Ontario K6J 1J2