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Terms of Use

Terms of Use

Welcome to www.eddies.com (the "Site"). The services on this site are offered to you by Eddie's Hang-Up Display Ltd. ("Eddie’s”), subject to the following terms. If you visit or shop at the Site, you accept these terms. Please read them carefully. BY USING THE SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, YOU MAY NOT USE THE SITE.

 

Disclaimer

Eddie's attempts to ensure that the content on the website is as complete and accurate as possible. However, this does not guarantee that the information, product descriptions or other content of the Site are accurate, complete, reliable, current, or error-free.  Eddie's reserves the right to correct any error, inaccuracy or omission or to change or update the content without prior notice. If a product offered by Eddie’s itself is not as described, your sole remedy is to return it in unused condition.  Please see our Return Policy for further details.

 

Eddie’s reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion, whether or not an order has been submitted, confirmed and/or your credit card has been charged.  If your credit card has been charged for the purchase and your order is cancelled, Eddie's shall promptly issue a credit to your credit card.

 

Privacy

Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

 

Electronic Communications

When you visit the Site or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Copyright

All content included on the Site, including without limitation all content, site design, text, graphics and the selection and arrangement thereof, is the property of Eddie’s or its affiliates or content suppliers, and is protected by Canadian and international copyright laws.  Any unauthorized use of such materials is strictly prohibited.  Eddie’s reserves all rights at law to take any and all steps it may consider necessary, including legal action, to enforce its rights under applicable copyright law.

 

Trademarks

Eddies.com, Eddie's Hang-Up Display, Eddie's Hang-Up Display Ltd., Eddie's graphics, logos, page headers, button icons, scripts, and service names are trademarks of Eddie's Hang-Up Display Ltd. Eddie’s trademarks may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Eddie’s. All other trademarks not owned by Eddie’s that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Eddie’s or our affiliates.  Nothing in these Terms of Use or on the Site should be construed as conferring any license or right to you to use any such trademarks or other intellectual property of Eddies or any third party otherwise than as expressly set forth in these Terms of Use.

 

Limited License and Site Access

Eddie’s grants you a limited license solely to access and make personal use of the Site, and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Eddie’s. This limited license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools.

 

The Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Eddie’s. You may not reverse engineer the Site.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Eddie’s without express written consent.  You may not use any metatags or any other "hidden text" utilizing Eddie’s name or trademarks without the express written consent of Eddie’s.  Any unauthorized use of the Site by you terminates the permission or limited license granted by Eddie’s and may result Eddie’s suspending or terminating your access to the Site, your Account or your Credentials without notice to you, or in legal action being taken against you.  You are solely and fully responsible for all consequences, however remote, arising from your use of the Site or the services provided by Eddie’s.

 

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site, so long as the link does not portray Eddie’s, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Eddie’s logo or other proprietary graphic or trademark as part of the link without express written permission.

 

You agree that all use of the Site and the services offered by Eddie’s will be for lawful purposes only, and will be in a manner consistent with applicable local, national and international laws and regulations.  You agree not to use the Site in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.

 

Your Account

To use certain services provided by Eddie’s through the Site, you must complete a registration process to create an account (the “Account”) and select and register a unique user name and password (your “Credentials”).  Your Account and Credentials are specific to you and may not be shared with or transferred to any other person.  You are solely responsible for maintaining the confidentiality of your Credentials, and you are responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials.  You agree not to permit any other person to use your Account or Credentials, and you agree to immediately notify Eddie’s if you know or suspect that your Account or Credentials have been used by any other person.

 

You agree to provide true, accurate, current and complete information about yourself as requested to create your Account and Credentials.  If you provide any information that is untrue, inaccurate, not current or complete, or Eddie’s has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Eddie’s may suspend or terminate your Account, disable your Credentials and/or discontinue provision of all services to you.

 

Eddie’s does not sell products to children, but it sells them to adults who are permitted to purchase products with a credit card. If you are under 18, you may not create an Account or Credentials, and you must use the Site only with involvement of a parent or guardian.

 

You agree that Eddie’s may act on any communication that is given through your Account or using your Credentials.  Eddie’s is not required to verify the actual identity or authority of a person using your Account or Credentials, but Eddie’s may in its discretion at any time require verification of the identity of a person seeking access to your Account and may deny access to or use of your Account if Eddie’s is not satisfied with the verification.  If Eddie’s in its sole discretion considers your Account or Credentials to be unsecure or to have been used inappropriately, then Eddie’s may immediately cancel the Account or Credentials without any notice to you.  Eddie’s may in its sole discretion require you to change your Credentials from time-to-time, for example by changing your password periodically or by requiring you to choose a strong password meeting certain criteria.

 

Other Businesses and Hyperlinks

Parties other than Eddie’s may operate stores, provide services, or sell product lines on the Site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Eddie’s does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should review their privacy statements and other conditions of use carefully.

 

Hyperlinks on the Site are provided for your convenience only.  These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators.  Eddie’s has no control over the content of any linked site.  The content of any websites that are linked to from the Site is the sole responsibility of the owner or operator of the linked website.

 

Risk of Loss/Shipping Damage

All items purchased from Eddie’s are either picked up by the customer or are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier or upon you picking up goods from our warehouse.

 

All merchandise is inspected and carefully packed before shipping. Responsibility for safe delivery is assumed by the commercial carrier on acceptance for shipment. Our responsibility ends when the goods leave our premises. Therefore, any claims for loss or damage to the goods must be made directly with the carrier. Always state in writing evident damage on the waybill signed on receipt of goods. In the case of concealed damage, please be aware that most carriers will not accept damage claims if the original packaging is not available for inspection. We are not responsible for delays or damage in transit or for any delay in delivery due to strikes, lockouts or any other causes beyond our control.

 

Compliance with Local Laws and Export Control Laws

Eddie’s is based in Canada.  The Site is not intended to be used in any jurisdictions where its use is not permitted.  If you access the Site from outside Canada and purchase any items to be shipped to that jurisdiction, you are responsible for ensuring that your actions comply with your local law and with any applicable Canadian export control laws.

 

Disclaimer of Warranties and Limitation of Liability

THE SITE IS PROVIDED BY EDDIE’S ON AN "AS IS" AND "AS AVAILABLE" BASIS. EDDIE’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND OF THE PRODUCTS PURCHASED THEREON IS AT YOUR SOLE RISK. WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE FOREGOING, EDDIE'S SPECIFICALLY DISCLAIMS ANY LIABILITY FOR DAMAGE TO ITEMS CAUSED BY USING PRODUCTS SOLD ON THE SITE.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EDDIE’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EDDIE’S DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM EDDIE’S ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EDDIE’S WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR PRODUCTS OFFERED FOR SALE ON THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR COMPENSATORY DAMAGES OR INJURY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.  EDDIE’S WILL NOT BE LAIABLE FOR ANY DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR OTHER PECUINARY LOSS RELATING TO THESE TERMS OF USE, THE USE OF THE SITE OR SERVICES PROVIDED BY EDDIE’S.  IN NO EVENT WILL THE LIABILITY OF EDDIE’S EXCEED THE AMOUNT PAID BY YOU TO EDDIE’S IN THE ONE-MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM.

 

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

You acknowledge and agree that these Terms of Use present a fair allocation of risk and liability, and that Eddie’s would not allow you to access the Site or provide services or sell goods to you if you did not agree to these Terms of Use.

 

Indemnity

You will defend, indemnify and hold Eddie’s harmless from and against any and all losses, damages, costs, expenses (including legal or attorney’s fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Site, its content or materials, the services provided by Eddie’s, or your negligence, misconduct or breach of these Terms of Use.  Notwithstanding the foregoing, Eddie’s retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection, with you being responsible for all costs incurred by Eddie’s for such counsel.

 

Applicable Law

By visiting the Site, you agree that the laws of the province of British Columbia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Eddie’s.

 

Disputes
In the event of a dispute relating in any way to your visit to the Site or to products you purchase through the Site may, at our sole discretion, give you notice that we intend to refer the dispute to be finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre. The appointing authority shall be the British Columbia International Commercial Arbitration Centre. The case shall be administered by the British Columbia International Commercial Arbitration Centre in accordance with its “Procedures for Cases under the BCICAC Rules”.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.  Should Eddie’s choose not to proceed by way of arbitration, you agree that the courts of the province of British Columbia will have non-exclusive jurisdiction over any such dispute, regardless of your domicile.

 

General

These Terms of Use, our Privacy Policy, and any statements made on the Site, all of which may be amended from time to time by Eddie’s without prior notice to you, constitute the entire agreement between Eddie’s and you.  These Terms of Use cannot be modified except with the written acceptance of Eddie’s.  Anything in the Site that is inconsistent with these Terms of Use is superseded by these Terms of Use.  No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or any other term.  If in any jurisdiction any of the terms of these Terms of Use or our Privacy Policy are held to be unenforceable by a court of competent jurisdiction, such terms will be restricted or eliminated to the minimum extent necessary and the remaining terms will otherwise remain in full force and effect.  The headings included in these Terms of Use are for convenience only and will not limit or otherwise affect the meaning of these Terms of Use.

 

We reserve the right to make changes to our Site, policies, and these Terms of Use at any time. Any changes or revisions will be effective immediately upon their posting on the Site. Your use of the Site will be subject to the version of the Terms of Use posted on this site at the time of such use. Accordingly, you are advised to review the Terms of Use prior to using the Site.

 

YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY.

 

Eddie's Hang-Up Display Ltd uses Youtube API services. Link to YouTube's Terms of Service and link to the Google Privacy Policy.

You agree that these Terms of Use and all documents relating thereto be drawn up in English. Vous acceptez que ces Conditions d'Utilisation et tous les documents qui s’y rattachent soient rédigés en anglais. 


Contact Us
We value your visit to the Site and welcome any questions or comments you may have about the Site, these Terms of Use, or any of the products or services offered by Eddie’s.  Please refer to the contact section of the Site for contact options, or you can email our Privacy Officer.  Our mailing address is:

60 West 3rd Avenue
Vancouver, B.C. Canada
V5Y 1E4