What are the Terms and Conditions?

Last updated: 14/02/2020
ADIDAS CANADA - TERMS AND CONDITIONS FOR WEBSITE USE

Welcome to www.adidas.ca (“Web Site”). This Web Site is owned and operated by adidas Canada and the adidas Group (“Company” or “adidas” and collectively “we” and “us”). In addition to the Content (as defined below) on the Web Site, the Web Site provides you with various shopping, e-commerce and community services (“Services”). Please read these Terms and Conditions of Use (“Terms”) carefully before using our Web Site and the Services. If you choose to continue to use or access this Web Site after having the opportunity to read these Terms, you recognize that adidas has provided valuable consideration by offering this Web Site free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. If you do not agree to these Terms, please do not use the Web Site and exit immediately. We reserve the right to modify or amend the Terms from time to time without notice, subject to applicable laws. Your continued use of our Web Site following the posting of changes to these terms will mean you accept those changes. Additional terms and conditions may apply to the purchase of products, such as our shipping and return policies. By using this Web Site, you agree to such terms and conditions, as well as these Terms and our Privacy Policy (available here) (collectively, the “Agreement”).



1. COPYRIGHT AND TRADEMARKS

All rights in the content featured or displayed on or through the Web Site, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations, software, and other information ("Content") are and remain owned by adidas, its affiliated companies, its licensors or its content providers, as applicable. Except as may be otherwise indicated within the Web Site, you are authorized to view, play, print and download Content found on the Web Site for personal, informational, and non-commercial purposes only. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not re-use any Content without first obtaining the written consent of adidas. The use of any Content on any other website or networked computer environment is prohibited. You may not remove any copyright, trademark or other proprietary notices from Content found on the Web Site.

In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Web Site, the software, including but not limited to any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by adidas. adidas does not transfer title to the Software to you. You own the medium on which the Software is recorded, but adidas retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.


2. PRODUCTS, CONTENT AND SPECIFICATION

All elements of the Web Site including, but not limited to, the general design and the Content, may be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property or other rights. Except as explicitly permitted under these Terms or another agreement with adidas, no portion or element of the Web Site or its Content may be copied or retransmitted via any means. The Web Site, its Content and all related rights shall remain the exclusive property of adidas, its affiliated companies, its licensors, or its content providers, as applicable, unless otherwise expressly agreed. All such rights are reserved.

Content on this Web Site may include images of people playing sports and exercising. Please be aware that we are not familiar with your individual physical characteristics and health. Before you begin an exercise program, you should get a medical checkup. It is important that you warm up and stretch before engaging in physical activity and that you use common sense while engaging in physical activity. If you experience any pain, feel weak, dizzy or exhausted or become short of breath, immediately stop your workout. When you engage in physical activity, you assume all inherent risks.


3. PURCHASES & SHIPPING LIMITATIONS

You may only purchase or order items for personal, non-commercial purposes.

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. Items purchased on this Web Site cannot be delivered to ani address outside of Canada. Further, all purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

adidas, acting reasonably and in good faith and in accordance with applicable law, reserves the right to (a) limit the quantities of items you may purchase, and (b) reject, correct, cancel or refuse your order, if (i) we believe you have breached the Terms; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may be fraudulent, or otherwise cause financial loss or legal liability for you, our users or us.

In order to help protect you and adidas from potentially fraudulent transactions, adidas may provide your transaction-related information to third party organizations to perform an address verification, in accordance with the terms of our Privacy Policy. This address verification is to help ensure that the "bill to" address provided matches your credit card address. In the event that adidas determines that it cannot (or is unable to) to ship an item, you will be notified by email and any amount charged to your credit card will be refunded.


4. ACCURACY OF INFORMATION

We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.


5. THIRD PARTY LINKS

From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by adidas or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk.

Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use, privacy policies, or any other terms and conditions on those sites prior to using them.


6. UNAUTHORIZED USE OF COMPUTER SYSTEM

You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Web Site or the Web Site or through Voice computer systems is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We 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.


7. ACCOUNT SECURITY

You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site.


8. USER GENERATED CONTENT – INFORMATION CONTROL

All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Web Site post to the Web Site or transmit using the Web Site (“User Generated Content”) do not represent the views of adidas or any individual associated with adidas, and we do not control this User Generated Content. In no event shall you represent or suggest, directly or indirectly, adidas endorsement of User Generated Content. adidas does not vouch for the accuracy or credibility of any User Generated Content on our Web Site and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Generated Content on our Web Site. Through your use of the Web Site and Services, you may be exposed to User Generated Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Web Site, you assume all associated risks.


9. USER GENERATED CONTENT – YOUR LICENSE TO US

User Generated Content remains the intellectual property of the individual user. By posting User Generated Content on our Web Site, you grant adidas a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Generated Content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived by you.


10. UNSOLICITED IDEAS

adidas maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to adidas business (including without limitation, footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to adidas. You should therefore not post any Materials on the Web Site or send these to adidas by e-mail or otherwise.


11. FEES

For all charges for any products and services sold on the Web Site, adidas will bill your credit card or alternative payment method offered by adidas. In the event legal action is necessary to collect on balances due, you agree to reimburse adidas for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site.


12. ACCESS AND INTERFERENCE / NO “BOT” USE

You agree that you will not without the prior written permission of adidas, use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process to: (i) monitor or copy any of the Software, web pages, data or Content found on this Web Site or accessed through this Web Site; (ii) gain access to or participate in any promotion, contest or sale; or (iii) place orders for or purchase any adidas product(s). You agree that you will not engage in the mass downloading of files from this Web Site; use the computer processing power of this Web Site for purposes other than those permitted; or flood this Web Site with electronic traffic designed to slow or stop its operation. You agree that you will not establish links to or from other websites to this Web Site without the prior written consent of adidas. adidas reserves the right, in its sole and absolute discretion, to cancel orders placed by and/or block you or other users of the Web Site who engage in any activity which adidas believes is not in accordance with these Terms.


13. FORCE MAJEURE

Neither adidas nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.


14. PRIVACY

Your use of our Web Site and Services is subject to our Privacy Policy and Cookie Statement. Please read our Privacy Policy and Cookie Statement linked here.


15. LIMITATION OF LIABILITY

Your use of the Web Site is at your own risk. You agree that our sole obligation to you is to provide the Web Site “as is.” Except as prohibited by applicable law, neither adidas nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Web Site shall be liable to you or to any third party for your use of, or the inability to use, the Web Site and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Web Site.

Except as prohibited by applicable law, in no event will adidas or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Web Site, any web sites linked to this Web Site, and its Content, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.

In the event of any problem with this Web Site or any Content, you agree that your sole remedy is to cease using this Web Site. In the event of any problem with the products or services that you have purchased on or through this Web Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Web Site. In no event shall adidas’ total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) fifty dollars ($50.00) or (b) the value of your purchase on the Web Site. Please note that some jurisdictions may not allow the exclusion of certain damages under mandatory law, so some of the above exclusions and limitations may not apply to you.


16. INDEMNITY

You agree to defend, indemnify and hold adidas and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web Site or the Internet or your purchases or the placement or transmission of any message or information on this Web Site by you or your authorized users or your violation of any law or the rights of a third party.


17. RELEASE

In the event that you have a dispute with one or more other users of the Web Site, you release adidas (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.


18. TERMINATION

You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Web Site in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.


19. WEB SITE DISPUTES & RESOLUTION – ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER

Web Site Disputes” include: (a) any claim you may have against adidas in connection with the Web Site, (b) any claim adidas may have against you in connection with the Web Site, and (c) any action to enforce the Terms and Conditions or to object to the Terms and Conditions.

All other disputes are Non-Web Site Disputes. Any claim arising from your purchase of an adidas product or service is a Non-Web Site Dispute. Any claim arising from the content of any offer or advertisement on the Site is a Non-Web Site Dispute.

Neither you nor we will be able to sue in court in connection with a Web Site Dispute. All Web Site Disputes must be resolved through individual (non-class) arbitration. You indicate your acceptance to these Terms and Conditions, including this agreement to arbitrate, by continuing to use the Web Site after having the opportunity to review these Terms and Conditions.

You and adidas intend for this to be an agreement for arbitration that can be enforced under the Arbitration Act (Ontario).

You and adidas waive any rights to maintain other available resolution processes for Web Site Disputes, such as a court action or administrative proceeding, to settle disputes. You and adidas waive any right to a jury trial for Web Site Disputes.

Instead of suing in court, we each agree to settle Web Site Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honour the same limitations stated in the agreement as a court would.

Any Web Site Dispute shall be determined by arbitration in Toronto, Ontario before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, JAMS cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties.

To the extent a party commences any action with includes both Web Site Disputes and Non-Web Site Disputes, consideration of the Non-Web Site Disputes shall be stayed until the Web Site Disputes are fully arbitrated. Then, any Non-Web Site Disputes will be considered by any court of competent jurisdiction.

You agree that you will not file a class action against adidas and its affiliated companies or participate in a class action against adidas and its affiliated companies, in any Web Site Dispute. You agree that you will not file or seek a class arbitration or participate in a class arbitration against adidas and its affiliated companies, in any Web Site Dispute.


20. GENERAL

Any claim relating to, and the use of, this Web Site and the materials contained herein is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We do not guarantee continuous, uninterrupted or secure access to our Web Site or Services, and operation of the Web Site may be interfered with by numerous factors outside of our control.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

You agree that the Agreement may be automatically assigned by adidas in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Sections 9 (User Generated Content – Your License to Us); 12 (Access and Interference), 15 (Limitation of Liability), 16 (Indemnity), and 17 (Release) shall survive any termination or expiration of this Agreement.


21. COPYRIGHT AND TRADEMARKS NOTICE

All Site design, graphics, text selections, arrangements, and all software are Copyright© adidas Canada Limited.

All trademarks, service marks, logos and trade names that appear on adidas products, or used herein or on the Web Site, whether registered or not (including but not limited to: the adidas name, the adidas corporate logo, the adidas trefoil Design, and the Three Stripe Logo (collectively the “Marks”) are trademarks or registered trademarks of the adidas Group, or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Web Site, without adidas' prior written consent. The use of any of the Marks on any other website or network computer environment, including for example, the storage or reproduction of any part of the Web Site in any internal or external intranet or Internet site, or the creation of “hot” links, hypertext, or deep links between the Web Site and any other Internet site, is prohibited without the express prior written consent of adidas.

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