Purchase and Payment
You agree to pay for all charges noted in the billing agreement you have reviewed and agreed upon by placing your order as payable by you. All prices listed on this Website and invoices are in CAD dollars.
RSMuskoka will use commercially reasonable efforts to deliver services and items as quickly as possible and within any time periods indicated; however, RSMuskoka will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, RSMuskoka will notify you promptly.
If any product or service ordered through the Website is no longer available, RSMuskoka will notify you right away and suggest a substitute product. In order to protect you and RSMuskoka from fraudulent transactions, RSMuskoka may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the “bill to” address that you provide matches your credit card address.
We rely on the information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
You have read the RSMuskoka Shipping and Returns Policy, the terms of which appear on the Website and are incorporated into these Terms and Conditions, and agree that the terms of such policy are reasonable as it applies to product orders.
This page tells you the terms and conditions on which we provide our services, and all modifications thereto (“Terms and Conditions”). The Rsmuskoka.comwebsite (the “Website” or “RSMuskoka.com”) is provided by RSMuskoka Ltd. and/or its affiliates and subsidiaries (collectively, “RSMuskoka”) for your and others’ personal, non-commercial enjoyment, subject to these Terms and Conditions. By using the Website, you are deemed to have agreed and be bound by these Terms and Conditions. If you refuse to accept these Terms and Conditions, you are not permitted to use the Website. If you have any questions about our Terms and Conditions, please email us at firstname.lastname@example.org
By placing an order through our Website, you warrant that:
- a) you have the legal authority to agree to accept these Terms and Conditions and be bound by these Terms and Conditions on behalf of yourself and any person you purport to represent; and
- b) you are above the age of 13 and acting only with parental consent if above the age of 13 but below the age of majority in your province or territory.
This Website and any communications service, including the capability to submit material through a form (each such submission, a “Contribution”), blog post, newsletter, comment or other interactive service that may be available to you on or through this Website (collectively, the “Services”) are provided to you solely for information and entertainment purposes. Except as expressly permitted, you agree not to use the Website for sale, trade or other commercial purposes, and you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Website. Only if you obtain prior written consent from RSMuskoka, and from all other entities with an interest in the relevant intellectual property, may you publish, display or commercially exploit any material from the Website. To seek our permission, you may email us at email@example.com. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the website.
Without limitation of the foregoing, you agree to not use the website or Services to:
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content, including text, music, sound, photographs, graphics, video, messages, Contributions or other materials, that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
- “Stalk” another;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Rsmuskoka.com official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Website;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Act in a manner that negatively affects other users’ ability to engage in the Website or Services;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Website or the Content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. The prohibited acts listed above are not exhaustive.
You acknowledge that RSMuskoka is not responsible for material submitted to Rsmuskoka.com or posted to the Website by users. Rsmuskoka.com does not pre-screen but does monitor and review the Content posted by users, and does have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in RSMuskoka’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. RSMuskoka is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to RSMuskoka.com and you agree to immediately notify RSMuskoka of any unauthorized use of the Services or any other breach of security known or suspected by you.
You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by RSMuskoka.com or submitted to RSMuskoka.com, including Content.
You further acknowledge and agree that the views expressed on the Website do not necessarily reflect the views of RSMuskoka, and RSMuskoka does not support or endorse Content (including any Contribution, whether or not edited by RSMuskoka or its designee or presented on the website edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any user.
In operating this site, RSMuskoka does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the website, mail or e-mail, or in any other way. Any information or material submitted or sent to Rsmuskoka.com will be deemed not to be confidential or secret. By submitting or sending information or other material to Rsmuskoka.com you represent and warrant that the information is original to you and that no other party has any rights to the material.
Permission must be granted by us for any type of link to RSMuskoka.com To seek our permission, you may email us at firstname.lastname@example.org. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Website, at our discretion at any time.
The ability to link to third party websites (“Linked Sites”) from Rsmuskoka.com is not reviewed, controlled, or examined by Rsmuskoka.com in any way and Rsmuskoka.com is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply RSMuskoka’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall RSMuskoka be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. RSMuskoka reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or introduce different features or links to different users.
Contests & Promotions
From time to time, RSMuskoka may offer as part of the Services, either on or through the website, contests, promotions or games (collectively, “Promotions”). To participate in Promotions, users may be required to complete a registration form. Upon submission, all registrations become the exclusive property of RSMuskoka. Each individual who is a registered user (each, a “Registered User”) is permitted only one account, and Registered Users with more than one account are subject to immediate disqualification from any Promotions, unless the description of the Promotions expressly invites a user to register multiple times. RSMuskoka, at its sole discretion may suspend or revoke the registration of any Registered User.
Registered Users agree to release RSMuskoka and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Promotions located on, or accessed through, the website. RSMuskoka is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Promotions.
Each Registered User agrees to be bound by the rules of any Promotions and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the website, or the website where the Promotions is conducted, are subject to immediate disqualification and revocation of their registration. RSMuskoka is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
Some Promotions may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Promotion. RSMuskoka reserves the right to cancel, terminate or alter any Promotions or the rules thereof at any time without prior notification.
We pride ourselves in being a trusted source and intend to stick to our editorial ethics. Our team spends countless hours with their ears to the ground scouting products all over the world. Rest assured we’re fussy, picky and particular; if we don’t see value in the product or service, you certainly won’t be hearing about it! If we do – well, then you will. Please take into account that our views are just that – good or bad!
Intellectual Property Rights
All materials contained in this website (the “Website Materials”), except Public Materials (defined below) are the copyrighted property of RSMuskoka and its affiliates or other licensors. Unless otherwise stated, the Website Materials are protected by copyright laws, trade-mark laws, other intellectual property laws and treaties, both in Canada and world-wide, and all rights therein are reserved. You may not download or save a copy of the Website or any portion thereof for any purpose, except as otherwise specifically provided in these Terms and Conditions. You may, however print a copy of individual screens appearing as part of the website solely for your personal non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Any rights not expressly granted in these Website Terms are reserved.
RSMuskoka does not knowingly intend or attempt to offend or violate any copyright or intellectual property rights of any entity. Some images used on the Website are taken from the web and believed to be in the public domain (“Public Materials”). To the best of RSMuskoka’s knowledge, all Website Materials and Public Materials, if any, are being used in compliance with applicable Canadian copyright law. Public Materials are provided for comment/criticism/news reporting/educational purposes only. RSMuskoka respects the intellectual property rights of others and requires that the people who use Rsmuskoka.com do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the corporate office at RSMuskoka, 147A, Roxborough St West, Toronto, ON, M5R 1T9 with the following:
- Your username, address, telephone number, and e-mail address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Disclaimer of Warranties
RSMuskoka makes no warranties or claims of any kind about the products and services referenced in this Website, corresponding newsletters and blog postings. While RSMuskoka strives to provide current and accurate information, this Website contains and references a large number of products and it is possible that some of the prices may be incorrectly priced. Product and service performance is the sole responsibility of the suppliers, manufacturers and companies providing said products and services. RSMuskoka is under no obligation to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing. Additionally, by submitting a Contribution, you are not entitled to any financial remuneration, and the Contribution becomes the sole property of RSMuskoka.
You expressly understand and agree that your use of any Linked Sites to be accessed by you through the Website is done so at your sole risk, and that any such website is provided on an “as is” and “as available” basis. The content on any such website may contain inaccuracies and typographical errors. RSMuskoka does not warrant the accuracy or completeness of the content or the reliability of any advice, opinion, statement, price availability or other information displayed or distributed through any such site. You acknowledge that any reliance on any such opinion, advice, statement, price availability, or other information shall be at your sole risk. To the fullest extent permissible pursuant to applicable law, in regard to any such website and all content thereon, RSMuskoka expressly disclaims all warranties of any kind, including, without limitation, any warranty of merchantability, fitness for a particular purpose and non-infringement. Certain warranties in regard to particular products for sale on any such website may be applicable through manufacturers’ warranties, though not through RSMuskoka. Some items may come with a manufacturer’s warranty, which will vary from product to product. See the warranties included in the documentation, along with the products for further details regarding warranties provided by manufacturers of products, available through any such site.
RSMuskoka does not make any warranty that any such website will meet your requirements, or that any such website will be uninterrupted, timely, secure, or error free, or that defects in the site, if any, will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through any such website is at your own discretion and risk and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Liability
In no event, including, without limitation, negligence, shall RSMuskoka, its principals, subsidiaries, affiliates, agents, officers, directors, employees or suppliers, or any of their officers, directors, employees or agents, be liable to any entity for any indirect, special, exemplary, consequential, punitive or other damages, (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system), that arise out of or otherwise are related to the use of, or the inability to use, the content or the Website or any Linked Site, the statements of any third party on any such site, or unauthorized access to any such site, your transmissions, your account or your password, even if RSMuskoka is expressly advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above may not apply to you.
If, notwithstanding the foregoing, RSMuskoka 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 RSMuskoka shall in no event exceed in the aggregate $100 CAD.
You agree to indemnify and hold harmless RSMuskoka, its parents, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action or damage, including reasonable attorney’s fees, made or incurred by any third party arising out of or related to your use or misuse of the website or services, or the uploading, posting, publishing, e-mailing, reproduction, distribution of any Content or other materials you transmit via the site, or your violation of the Terms and Conditions. The RSMuskoka reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the RSMuskoka in asserting any available defense.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control, including, without limitation:
- a) strikes, lock-outs or other industrial action;
- b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- e) impossibility of the use of public or private telecommunications networks; and
- f) the acts, decrees, legislation, regulations or restrictions of any government.
Applicable Laws / Jurisdiction
You agree that the laws of Province of Ontario and the federal laws of Canada, excluding conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with RSMuskoka or relating in any way to your use of the Website resides in the courts of the Province of Ontario, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Ontario, in connection with any such dispute and including any claim involving RSMuskoka or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate this Website from our offices in Ontario, Canada. We do not represent that materials on the Website are appropriate or available for use outside Ontario, Canada. Persons who choose to access this website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. RSMuskoka may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If any of these Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
Changes to the Website
RSMuskoka, in its sole discretion, terminate, change, suspend or discontinue any aspect of the Website, temporarily or permanently, including the availability of any features of its Website or access to any parts of its Website, at any time without notice to you, and you agree that RSMuskoka shall not be liable therefore. If we make a material change to these Terms and Conditions, we will notify you by e-mail (sent to the e-mail address specified in your account) or by means of a notice on this Website upon logging into your account. You will be required to accept these changes before proceeding. We nonetheless encourage you to periodically review this page for the latest information on our Terms and Conditions.
It is the express wish of the parties that these Terms of Service and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.