Effective Date: September 14, 2018
This website, www.heatholders.ca (the "Site"), is made available by Drew Brady Company Inc. and our affiliates ("Drew Brady", "us" or "we"). All content, information, products and services provided on and through the Site may solely be used under the following terms of service (the "Terms"). Your use of the Site constitutes your acceptance of the Terms, as well as any other terms, guidelines or rules that apply to any portion of the Site, as established from time to time. If you do not agree to these Terms, you must exit and immediately discontinue your use of the Site.
We reserve the right to update and revise these Terms at any time. You will know if the Terms have been revised since your last visit by referring to the "Effective Date" noted at the top of this document.
The Site is being provided to browse and to purchase Drew Brady products, including, but not limited to socks, thermal socks, thermal underwear, hats, gloves, blankets, jackets, pants, and other clothing products (collectively, the "Products").
1. Limited License – Eligibility, Use and Acceptance
No part of the Site is directed to persons under the age of 13. If you are under the age of 13 years of age, do not use or access this Site.
If you are 13 years of age or older, as a user of this Site, you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Site in accordance with these Terms. Drew Brady may terminate this license at any time for any reason.
You may use this Site for your own personal use only, and only in compliance with all privacy, data protection, intellectual property, and other applicable laws. This grant does not allow you to use this Site for commercial exploitation. In particular, you may not:
- Resell or make any commercial use of this Site or any of the contents thereof;
- Sell, transfer, or assign any of your rights to use the Site to a third-party without Drew Brady's prior written consent;
- Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into any readable form any of the contents of the Site not intended to be read;
- Attempt to interfere with, harm, reverse engineer, misappropriate, or gain unauthorized access to the Site, user accounts, or technology, software and equipment supporting the Site;
- Copy, reproduce, republish, download, display, distribute, modify, publish, post or transmit any of the contents of the Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
- Frame or link to the Site without Drew Brady's permission;
- Access the Site from a jurisdiction where it is illegal or unauthorized;
- Use the Site in an illegal way or to commit an illegal act in relation to the Site, or that otherwise results in fines, penalties, and other liability to Drew Brady, its licensors, partners, affiliates and others;
- Use any data mining, robots, spiders, automated tools, software or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site;
- Post incomplete, false, or misleading information, or impersonating another person, or misrepresenting your affiliation with a person or entity;
- Disclose personal information about another person;
- Post harassing, abusive, or objectionable material; or
- Post advertising or marketing links or content, except as specifically allowed in these Terms.
See also the section below titled User Submitted Content.
If you are 13 years of age or older, you agree to use the Site only and strictly in accordance with these Terms.
2. Registration and Accounts
Certain sections of the Site require that you provide information to Drew Brady. You represent and warrant that all the information you provide is true, accurate, current and complete. It is your responsibility to inform Drew Brady of any changes to that information.
Purchases can be made through the Site without creating an account. You may choose to register an account to facilitate future purchases on the Site. If you create an account, the account is personal to you and you may not share your account information with, or allow access to the account, any third-party. You are solely responsible for the losses incurred by Drew Brady and others resulting from any unauthorized use of your account.
Drew Brady reserves the right to refuse registration of an account.
3. Fees and Payments
The prices for Products available for purchase through the Site are displayed on the Site. Unless otherwise stated, the prices do not include taxes or shipping fees. Any applicable taxes or shipping fees will be communicated to you before you place an order.
The Site uses third parties to process payments. Drew Brady third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express, Discover, JCB, and Diners Club as detailed on the payment screen. You may also purchase Drew Brady Products using Apple Pay, PayPal, and PayPal Express Checkout. Drew Brady does not warrant or represent that each of these payment methods will continue to be supported on the Site and such third-party payment providers may change from time to time.
4. Gift and Offer Codes
Drew Brady may offer qualified consumers gift codes or offer codes through promotional activities and communications that are redeemable towards a purchase on the Site, subject to certain merchandise exclusions or other restrictions as may be determined by Drew Brady in its sole discretion. Only valid offer codes provided, promoted or authorized by Drew Brady will be honored at checkout. Unauthorized offer codes are not valid and will not be accepted. Expiry dates may apply to each offer code. Authorized offer codes are non-transferable and valid for single use on a Product as determined by Drew Brady. Offer codes may not be combined and may not be used in conjunction with other special offers or discounts offered by Drew Brady. Offer codes are valid online only. Drew Brady is not responsible for lost, stolen, expired or corrupted codes or any unauthorized use of offer codes. Offer codes cannot be redeemed for cash or any cash equivalent. The dollar value of any offer code will not be refunded or credited back if any or all of the purchased Products are returned. Offer codes are void if copied, transferred, sold, exchanged, expired or prohibited.
From time to time, Drew Brady may engage spokespeople, influencers, television hosts, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of Drew Brady. If you receive an offer code through a third-party source, please note that such individuals may have been compensated by Drew Brady for any statements or commentary.
Drew Brady warrants that Products purchased directly from this Site by purchasers for their own personal use or use by another consumer end user, are free from defects in material and workmanship for a period of one hundred and twenty days (120) from the date of purchase. This warranty covers normal use of the Products only. Drew Brady will not assume responsibility for any Products sold by unauthorized resellers, or and failure of the Products incurred by misuse, abuse, neglect or exposure to a substance or an environment that damages the Products. Normal wear and tear of the Products is not considered to be a defect in material and workmanship. You must retain a copy of your receipt as proof of purchase of the Products. All warranties are not transferable.
6. Refunds and Returns
You may return a Product purchased from this Site within the time period indicated on the Returns & Exchanges. Please refer to this page when you purchase a Product. Refunds will be issued in the form of the original payment. You will be refunded the entire amount paid for such Product, less any offer code or other discount.
Return shipping is free, provided that the Product being returned is located in the United States. Returns for Product located in Canada may have additional shipping fees and you will be responsible for paying such fees. Risk of loss and title for Products purchased from Drew Brady pass to you upon delivery of such Products to the carrier. For further information on returns, see the Returns & Exchanges section of the Site. The Returns & Exchanges section of the Site is hereby incorporated in these Terms by reference.
8. Electronic Communication
When you visit the Site, or send us e-mails, you are communicating with us electronically. If you purchase a product from the Site, register an account, or send us an electronic communication, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. If you do not wish to receive electronic communications from Drew Brady, please send written confirmation that you are withdrawing your consent to receive such.
Third-party content may appear on or be accessible from the Site. Drew Brady does not represent or guarantee the truthfulness, accuracy, or reliability of content posted by third parties. You accept that any reliance of material posted by third party-service providers will be at your own risk. By using the Site you accept the risk that you may be exposed to objectionable or otherwise inappropriate content.
Drew Brady is not responsible for any disputes or disagreements between you and any third-party you interact with using the Site. You assume all risk associated with interacting with third parties. You agree to resolve disputes directly with other third parties. You release Drew Brady of all claims, demands and damages in relation to disputes among other third-party users of the Site.
We may change, suspend or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
Drew Brady make no representation about accuracy, reliability, completeness or timeliness of any of the contents on the Site. Drew Brady makes no representation about the accuracy, reliability, completeness, or timeliness of any data or content from a third-party service provider or the quality or nature of third-party products or services obtained through the Site. Drew Brady disclaims all liability of specific results from use of the Site. Use of the site is at your own risk.
EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY HEREIN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SITE AND THE PRODUCTS IS AT YOUR SOLE RISK, AND THE SITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND DREW BRADY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ("RELEASED PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
10. Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DREW BRADY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH), RESULTING FROM: (i) ANY ERRORS OR OMISSIONS FROM THE SITE OR ANY PRODUCTS OR SERVICES THEREFROM; (ii) THE USE OR THE INABILITY TO USE THE SITE; (iii) THE CONTENT CONTAINED ON THE SITE; (iv) ANY DELAY OR FAILURE OF PERFORMANCE OF THE SITE; (vi) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SITE; (vii) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY ON THE SITE; OR (viii) ANY OTHER MATTER RELATING TO THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR DREW BRADY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE0, WILL NOT EXCEED $100.
11. User Submitted Content
From time to time, Drew Brady may allow you to post reviews, comments, photos or similar material on the Site (collectively, "Review" or "Reviews"). You agree that any Reviews posted on the Site will not be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, vulgar, offensive, obscene, hateful or promote discrimination, bigotry, racism or hatred as determined by Drew Brady in its sole discretion. You also agree that the Reviews submitted will not introduce or contain any viruses, time-bombs, worms, cancel bots, Trojan Horses, and other harmful or malicious code.
By posting a Review on the Site, you hereby grant Drew Brady an unrestricted, assignable, royalty-free, perpetual, non-exclusive right and license to use, reproduce, distribute, publicly display, transmit, communicate to the public, modify, edit, translate, create derivative works from, and otherwise exploit (collectively "Use") all Reviews you post to the Site, for any purpose, including promoting and marketing Drew Brady and the Products. You further grant Drew Brady a unrestricted, assignable, royalty-free, perpetual, non-exclusive right and license to Use the name, image and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy, moral rights, or other rights of a similar nature you have in your Review. You represent and warrant that (i) you are the sole and exclusive owner of the Review that you posted to the Site, or that you have all rights, licenses, consents and releases necessary to grant Drew Brady the rights in your Reviews, and (ii) the Review that you posted does not infringe, misappropriate or violate the rights of any third party or entity, constitute or result in defamation, libel, slander or any similar offense, or require Drew Brady to obtain any licenses from or make any payments in any amounts to any third-party.
Drew Brady has no obligation to monitor the Site or any portion thereof, however, Drew Brady reserves the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in Drew Brady's sole discretion, at any time from time to time, without notice or obligation to you.
12. Intellectual Property
Unless otherwise noted, all content included on the Site, including images, illustrations, designs, icons, photographs, video clips, charts, written and other materials (collectively, with "Marks" defined below, the "Content") is the property of Drew Brady or Drew Brady's licensors, partners or affiliates. The Content is protected by Canadian, United States and international copyright and trademark laws, as applicable. Any unauthorized use of any of the Content on this Site is strictly prohibited and may violate copyright and trademark laws, and or/ the laws of privacy, publicity, and/or communication regulations and statutes. The Content on the Site may only be used with Drew Brady's prior written consent.
All trademarks, design marks, logos, taglines, service marks, trade names, and trade dress (collectively the "Marks") that appear on this Site or the Products are owned and are proprietary to Drew Brady, or the respective owner of such Marks. You may not display, copy, misappropriate, reproduce or pass-off the Marks in any manner without the prior written consent of Drew Brady. You may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
13. Digital Millennium Copyright Act
For users in the United States, The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Drew Brady a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Drew Brady to locate the material on the Site;
- Your name, address, telephone number, and e-mail address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly file against you, the DMCA permits you to send Drew Brady a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to 586 Argus Road, Suite 200, Oakville, Ontario, L6J 3J3 or firstname.lastname@example.org. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
14. Dispute Resolution
All disputes between you and Drew Brady relating to these Terms or your use of the Site or Products will be resolved by arbitration. You Agree to waive your right to initiate a court proceeding to assert or defend your rights under these Terms, except for matters that may be taken to small claims. Your rights will be determined by a neutral arbitrator. Unless we mutually agree on a different location, arbitration shall occur in Toronto, Ontario, Canada. Nothing in these Terms will be deemed to waive or limit the right of Drew Brady to pursue an enforcement action to address an intellectual property infringement claim.
15. Governing Law
These Terms shall be governed by the Province of Ontario and the federal laws of Canada applicable therein.
Drew Brady reserves the right, without notice or liability, in Drew Brady's sole discretion to terminate your license to use this Site, delete your account, remove your reviews, and to block or prevent future access to and use of this Site for any reason. These Terms will survive termination.
Either party's failure to partially or fully exercise any rights or waiver of any breach of these Terms by the other party shall not prevent such party's subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party of the same or any other term of these Terms.
If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
19. Entire Agreement
These Terms (including any document or terms expressly incorporated into these Terms) constitute the entire agreement between the user and Drew Brady with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or 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. Any rights not expressly granted herein are reserved.