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Terms of use

Welcome

First of all, welcome to WayOutfitters America Inc.’s transactional website. Before you take advantage of our site’s amazing shopping experience, our team invites you to carefully read the following lines. Sit back and relax with a good coffee, there are a couple lines to read. It’s a bit long, we know, but by accessing our content and using our services, you agree to every following condition, exactly how they are presented. On the other hand, should you disagree with the following conditions, you can’t access our amazing website on which we work hard every day. Also, you can’t download any content if you don’t agree with all the points listed below. Read before you shop !

Property and usage restrictions

WayOutfitters America Inc. is the sole owner and operator of the transactional website www.wayoutfitters.com and of all associated web pages. All content belongs to WayOutfitters America Inc. Data, logos, graphics, drawings, pictures, images, sound clips, videos, softwares, trademarks, commercial names and every other information that appear on this website are the property of WayOutfitters America Inc., its group members and/or license conceding partners. The totality of the content is protected by Canadian and international copyright laws as well as trademarks.

Obviously, you are never authorized to modify, copy, duplicate, publish, post, transmit, distribute, show on screen, photograph, proceed, transfer or sell the content or create derivative copies, unless you are prior granted written and signed consent by WayOutfitters America Inc. By cons, you are invited to download, print and duplicate content for personal use as information, as long as you make sure all notice of copyright or other property right notices (exlusive rights) it includes are kept as is and that you mention the URL. It is strictly forbidden to duplicate or copy all or part of the content in multiple copies in means of resell or distribution, without prior written and signed consent from WayOutfitters America Inc. Should you request authorization in respect of the above rules, contact us at the following email address : [email protected]

Accuracy of information

WayOutfitters America Inc. makes all necessary efforts in order to keep the information displayed on every page of the website accurate. Some information could however not be up to date, be inaccurate, incorrect or exhaustive. WayOutfitters America Inc. takes no responsibility for errors or omissions in the content of this transactional site, including the information regarding the product descriptions, their price and their availability. WayOutfitters America Inc. reserves the right to correct, delete, modify and update the information displayed on this website at any time without prior notice.

Registration/password information

Our transactional website holds a section where you have to fill a registration form in order to access some pages of the website.

In consideration for using and having access to our website and the services it offers, you agree to provide true, up-to-date, exhaustive and correct information as asked in the registration form of this website. You also agree to keep your information up-to-date at all time and to update your information as soon as changes apply to one of the fields included in the registration form.

During the registration process, you can be asked to choose a username and password. It is your sole responsibility to protect and keep that information confidential and you take all responsibility for actions made on behalf of those username and password on this website. It is your responsiblity to immediately advise WayOutfitters America Inc. of all unauthorized use of your username or password and of all security breach touching your account.

Waydollars program

Updated and Valid as of August 19th 2016. WayOutfitters America Inc. founded a free rewards program for its customers who create a member account on the transactional website at www.wayoutfitters.com, the WayDollars program. With this program, you can save even more money by earning WayDollars and by using them during the checkout process, stay informed about the company and keep an eye on the transactions you make at WayOutfitters. WayOutfitters America Inc. reserves the right at any moment to modify, interrupt or cease the WayDollars program’s activities, without prior advice.

By joining the WayDollars program, you agree to provide the required information such as your full name, email address, date of birth, information about your shipping and billing addresses as well as your phone number. On our side, we commit to keep this information confidential and protect your privacy. To know more about our Privacy Policy, follow this link.

Our member’s personal information are considered a WayOutfitters America Inc. asset; if our business is transferred to a new owner, these personal information will be given to and considered an asset of the new owner.

The accumulation of WayDollars can be done several different ways, according to the current promotions, at WayOutfitters America Inc.’s sole discretion. There is only one way to spend WayDollars, and it is by applying those to a transaction at checkout. WayDollars can not be converted into cash nor are they transferrable.

WayDollars are deleted immediately after requesting to close your member account. Members lose their cumulated points when the member account is closed. At any moment, WayOutfitters America Inc. can cease, without notice, an ongoing promotion related to the WayDollars program should there be abuse. The value of WayDollars can be changed at any moment, without prior notice or delay.

WayDollars expire 15 months (456 days) after they were earned. When redeeming WayDollars in a transaction, the oldest WayDollars are used in order to make sure the oldest WayDollars get cleared out first.

WayDollars are applied as a coupon/promotion. Therefore, when applied, they reduce the subtotal before tax. The applicable tax is then calculated on the discounted subtotal.

WayDollars can't be used in conjunction with any other offer, promotion or coupon.

A member cannot earn WayDollars on a transaction where WayDollars have been redeemed/applied.

For every CA$20 spent on eligible merchandise, a member earns 1 WayDollar. 1 WayDollar is equivalent to 1 Canadian Dollar and reduces the subtotal of an order of that same value.

WayDollars can be earned on eligible merchandise such as any product on the website, before tax, shipping and any other fee. Gift cards are not eligible.

The maximum amount of WayDollars members can hold in their account is 1 000. If the maximum amount of WayDollars is reached, no more WayDollars will be earnt until some are spent.

A maximum of 50% of the products subtotal value of the cart can be redeemed in WayDollars in a transaction.

WayDollars are whole integers and are not divisible or splittable with decimals.

Since WayDollars are considered whole dollars and are not divisible into decimals, it may be impossible to apply exactly 50% of the subtotal of the cart in WayDollars. To use the maximum eligible, it may be necessary to use more WayDollars that the eligible 50% value. For example, an order with a subtotal of $75 is eligible for the use of 37,50 WayDollars. But, WayDollars can only be applied as integers, so the customer would have to choose between applying 37 or 38 WayDollars. If the customer chooses to apply 38 WayDollars, the real value that will be applied as a coupon on the invoice is $37,50. The remaining value of 0,50 WayDollars will be lost and non-redeemable. To prevent any loss, the customer should choose to apply the lowest round number below the 50% value of the subtotal of the cart, as would be 37 in the latter example.

User conduct

You will probably come accross the occasion to download, upload, post, send, show on screen or display some other way, ideas and opinions through product reviews, answers, comments on the transactional site, or any other material referred to as « User Content » (see below), posted on the website.

By choosing to access our transactional website and/or transmitting User Content, you agree to respect all federal, provincial and territorial laws applicable as well as all other conditions of our Terms of Use and other rules that could be published from time to time by WayOutfitters America Inc. In addition, without limiting what is above mentioned, you agree NOT to download, upload, photograph, email or transmit any other way User Content that :

  • Constitutes unsolicited or unauthorized promotional or advertising content, spam, chain letters, pyramid schemes, invitations to play games or any other form of solicitation;
  • Infringes any patent, trademark, commercial secret, copyright or other property right or privacy right of any third party;
  • is illegal or unlawful, harmful, threatening, abusive, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, considered racially, ethnically or somehow harassing, or otherwise objectionable;
  • Contains any form of destructive software such as a virus, worm, Trojan horse, timbe bomb, cancelbot, or any other component, file, program or code that could cause any form of damage or intrusion, meant to interrupt, destroy or limit the functions of any software, electronic material or communication equipment;
  • Collect or store any kind of information (including information leading to personal identification) about other users of the transactional website, as well as email addresses, without prior consent of such users;
  • Mislead others, create a false identity of the sender or origin of the message, forge logos, headers or manipulate in any way identifiers in order to hide or disguise the origin of content transmitted by the transactional website;
  • Forge or impersonate someone or any entity, including, but not limited to, a WayOutfitters America Inc. employee, founder, shareholder, blog or forum leader, guide or host, or make a false declaration or statement about your affiliation with a person or entity or otherwise falsely present such an affiliation;
  • Try to obtain unauthorized access to the transactional website, to any other system, network or server connected to or associated with the transactional website, through password mining or any other means;
  • Slow down, interrupt, invade, monitor, observe or somehow modify networks or servers connected or associated with the transactional website or violate the rules, policies or procedures of such networks or servers;
  • Use, download, upload, photograph, copy or duplicate or provide someone or an entity the list of users of the transactional website or any other full or part of information related to users or usage of the website, other than in the context of your own use of the transactional website.

User content

You take full responsibility of the content your upload, download, post, share, display or provide a link for, on the transactional website or through it. You may not publish any content on the transactional website that you have not fully created or been authorized or granted permission to display and use.

WayOutfitters America Inc. is not responsible of any user content and takes no responsibility in regards to the content of those communications, whether or not arising under the laws of (but not limited to) copyright, libel, privacy, obscenity or any other law. WayOutfitters America Inc. can, but is not obligated to, monitor, review, and analyze activites on the transaction website as well as any user content and can block, modify, delete or remove without prior notice any user content at its sole discretion. WayOutfitters America Inc. reserves the right to end the privileges of any user to post or publish any content or to participate in other WayOutfitters America Inc. services if such user doesn’t respect or violate the Terms of Use and/or User Conduct.

By transmiting or submiting any user content to the transactional website, you grant WayOutfitters America Inc. all worldwide, non-exlusive, unrestricted, royalty-free, perpetual, irrevocable assignable rights and license to use, duplicate, reproduce, modify, edit, correct, publish, translate fully or in part, create derivative work, license, publicly perform and display, fully or in part, for any purpose whatsoever and/or to integrate it to other work of any form, support or technology known to this day or that might be developed later, without your prior approval or consent and you agree to waive moral rights that you may have in the User Content. In addition, by transmiting or submitting User Content to WayOutfitters America Inc., you declare, represent and warrant that you own and control all rights in and to the User Content and that you have the right to grant those rights to WayOutfitters America Inc. All User Content reflects and represents the views and opinions of the person(s) submitting the content.

You acknowledge that WayOutfitters America Inc. can establish general practices and limits in regards to use of the transactional website, including but not limited to, the maximum number of days that email messages, board postings or any other user content is displayed or retained on the transactional website. You aknowledge that WayOutfitters America Inc. takes no responsibility, obligation or liability for the deletion, removal or failure to store messages, other communications or User Content maintained or transmitted through or by the transactional website. It is your sole responsibility, at your sole cost and expense to create backup copies of, and replace the User Content you submit or keep on the transactional website.

Contests

From time to time, we might offer and/or sponsor entirely or in part, contests, draws and games on the transactional website. Each of these shall be governed by specific rules accessible from the pages of transactional website offering or announcing the promotion or where you can submit your entry.

Product review

WayOutfitters America Inc. makes all efforts to provide product reviews of the highest quality, integrity and accuracy to its customers and to the public in general. We strongly encourage honest and respectful communication. Therefore, in addition to complying with the User Conduct code, by submitting a product review, you hereby agree :

Not to post a review of a product that you don’t own or have never used

To post only one review of each product (unless you are providing new and relevant information)

Not to include insults, coarse or defamatory language or personal attacks in your review

Not to post a product review if you are an employee or shareholder (or a familily member of an employee or shareholder) of the manufacturer of the product or of a competitor’s product.

You also understand and agree that WayOutfitters America Inc. is not obligated to display any product review that you submit on the transactional website, and may review, edit and remove your reviews at its sole discretion.

Links

Our goal is to make sure you live the best experience possible on our transactional website. Therefore, for your convenience, our transactional website may propose links to other websites owned and operated by third parties and that are not affiliated with us. Please understand that such website links are independant from WayOutfitters America Inc and that we have no control over the content of such websites. Consequently, WayOutfitters America Inc. can not be held liable and provides no warranty whatsoever as to the nature of, the accuracy, timeliness and/or completeness of the content included in, and/or displayed on such websites.

By integrating third party links on our transactional website, it does not significate that we sponsor, endorse, approve, are associated or affiliated with, or have been legally authorized to use any trademark, commercial name, trade name, service mark, logo, design, content, symbol or other copyrighted material displayed or accessible through such links leading to other websites.

Limitation of liability / disclaimer

Even though we do our best to keep the content displayed on the transactional website up-do-date and accurate, errors and/or omissions may happen.

Consequently, this transactional website and the services it offers is provided on an « AS IS » basis and without warranties of any kind, either express or implied. WayOutfitters America Inc. disclaims any warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. WayOutfitters America Inc. does not warrant the the functions on the site will be uninterrupted, error-free or free of viruses or other harmful components.

In no event shall WayOutfitters America Inc. be liable for any direct, indirect, incidental, special, or consequential damages that result from or in connection with the use of, or the inability to use, the website or any content or services, even if WayOutfitters America Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

By using our transactional website, you agree to indemnify, defend and hold harmless WayOutfitters America Inc., members of its group, officers, directors, shareholders, agents, employees, suppliers and licensors from and against all losses, fees, expenses, damages and costs, claims, fines, penalties, debts, including reasonable legal and accounting fees, resulting from :

  • Any content, including user content, you (or anyone acting under your username or password, computer or IP address) submit, post, transmit or make available on the website;
  • Your (or anyone acting under your username or password, computer or IP address) use of this transactional website, your connection to the website or any alleged violation by you of the Terms of Use, including without limitation, the User Conduct code;
  • Your violation of any law or rights of a third party.

Privacy

WayOutfitters America Inc. respects your rights to privacy of your personal information. Please consult our privacy policy for more details and information in regards of the way we collect, use, share or disclose and otherwise manage your personal information.

Changes/termination

WayOutfitters America Inc. reserves the right to, at any time and from time to time, modify, change, interrupt, resiliate or terminate temporarily or permanently the transactional website (in whole or in part) whitout prior notice. In addition, WayOutfitters America Inc. reserves the right to modify and change the Terms of Use at any moment and to advise you by posting an updated version of the Terms of Use on the transactional Website. It is your sole responsibility to regularly review the Terms of Use, including, without limitation, by verifying the date of the « last update » written at the bottom of this page. Continued use of the transactional website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the transactional website constituting consideration from WayOutfitters America Inc. to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the transactional website or (3) any content available through the transactional website, is to stop visiting and using the transactional website.

Trademarks

« WayOutfitters » is a trademarks of WayOutfitters America Inc. Graphics, fonts and logos appearing on the transactional website are trademarks or trade dress of WayOutfitters America Inc. All other trademarks appearing on the transactional website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written and signed consent.

Applicable laws

These Terms of Use are governed by and construed in accordance with the laws of the Province of Quebec and the country of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of the City of Trois-Rivières, Province of Québec. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity en enforceability of any remaining provisions.

These Terms of Use and any and all other legal notices or statements posted on the transactional website, including the Privacy Policy, constitute the entire agreement between you and WayOutfitters America Inc. With respect to the use of the transactional website, including its content and the User Content.

Notice

Notices could be sent to you via email or regular mail, or in case these Terms of Use or the services offered by the transactional website come to change, by posting notices or links to such notices on the transactional website itself. Should you have any questions or comments regarding our Terms of Use, feel free to contact us at [email protected]

Last updated August 2016.

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