TERMS OF SERVICE
Terms of Service
Effective Date: 2018-03-01
These Terms of Service (“Terms”) are a legal contract between You (or “Your” or “Yours”)and Lachute Performance. ("Lachute Performance” or "Us" or "Our" or "We”) and govern Your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You, as well as any services (“Services”) We may provide through any of Our websites (all of which are referred to in these Terms as this “Website”).
Please read these terms carefully before browsing this website. Using this website indicates that you have both read and accept these terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. You cannot use this website if you do not accept these terms.
We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue this Website at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. We will inform You of any modifications to these Terms by posting them on this Website. Using this website following such modifications indicates that You have both read and accept these modifications to the Terms.
If You object to any such modifications, Your sole recourse shall be to cease using this Website. Continued use of this Website following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications.
Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website and which govern its particular use. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
We invite You to use this Website for individual, consumer purposes ("Permitted Purposes"). By using this Site, you represent, acknowledge and agree that You are at least 18 years of age or the age of majority in the country, state or province in which You reside.
In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in this Website or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any part his Website or Materials in any manner. If You make copies of any part of this Website, including but not limited to screen shots or print outs of any pages of the Website, while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Website.
Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).
USING THIS WEBSITE AND THE SERVICES OF THE WEBSITE.
In order to access certain password-restricted areas of this Website (such as User Submissions (defined below)) and to use certain Services and Materials offered on and through this Website, You must successfully register an account with Us.
PASSWORD RESTRICTED AREAS OF THIS WEBSITE.
If You want an account with Us, You may submit the following information through the account registration page on this Website or to an account administrator: a working email address and preferred password. We may also require first and last name or can ask You to provide additional, optional information such as mailing address and phone number. We may also create an account for You when You become a customer which can include your name, email, postal address and phone number. We reserve all rights to determine whether or not to approve Your proposed account.
For so long as You use the account, You agree to provide correct, accurate, current, and complete information. You may log into Your account at any time to make changes to your personal information directly. If You forget Your password, we will send a temporary password update to the email address provided to Us, so you may reset a new password.
You are responsible for complying with these Terms when You access this Website, whether directly or through any account that You may setup through or on this Website. It is also Your responsibility to maintain the confidentiality of Your password(s). Should You believe Your password or security for This Website has been breached in any way, You must immediately notify Us.
LINKS TO THIRD-PARTY SITES.
We sometimes provide links on this Website to third-party websites (e.g. currency converter websites). If You use these links, You will leave this Website. We are not obligated to review any third-party websites that You link to from this Website, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from this Website and/or use their products and services, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites.
Certain areas of this Website (e.g., customer ratings and review areas) may permit You to submit feedback, information, data, text, software, messages, or other materials (each, a “User Submission”). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, We do not guarantee that You will be able to later edit or delete any User Submission You have submitted.
By submitting any User Submission, You undertake and agree that:
- You own all rights in Your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Us the rights in Your User Submissions as described in these Terms;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;
- Your User Submissions do not infringe the copyright, trademark, patent, design patents, industrial design, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all “moral rights” that You may have in Your User Submission, including any oral rights under any applicable copyright legislation;
- Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;
- Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- Your User Submission is not, and may not reasonably be considered to be defamatory, libelous, hateful, subversive, fanatical, racially, ethnically, religiously, sexually or otherwise discriminatory, biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, association, partnership, corporation or other entity, vulgar, pornographic, obscene, or invasive of another's privacy, detrimental Our reputation or the one of any other individual, association, partnership, corporation or other entity;
- Your User Submission is not, and may not reasonably be considered to be used for the promotion of any commercial or non-commercial of Your or other third-party products or services, or to promote, comment on or denigrate in any manner any political opinion or party, or philanthropic, social or religious cause;
- Your User Submission does not and will not contain any pictures, images or scenes that may reasonably be considered to be sexually explicit, evidence nudity, scenes of violence of other chocking content, including no hyperlinks to such third-party’s content or website;
- Your User Submission is and will be made under your own identity, not under any alias or third party’s identity and not in order to impersonate any third-party’s identity;
- You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission;
- Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than Your own);
- Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your User Submission does not contain any information that You consider confidential, proprietary, or personal;
- Your User Submission does not contain any information that relays to personal information of any other person, including those that would violate any person’s rights to privacy such as name, address, phone number, email address, pictures or other similar information;
- Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.
We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website and may remove at any time or refuse any User Submissions for any reason. Further, You agree that We may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.
We authorize Your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website.
Unauthorized use of this Website may result in violation of various Canada, United States and other international copyright laws. Unless You have obtained prior written permission from Us stating otherwise, You are not authorized to use this Website in any of the following ways (this list is not complete and these are examples only):
- For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment;
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To interfere with or disrupt this Website or servers or networks connected to this Website;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
- Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
You agree to hire and pay for attorneys and to hold Us harmless if You violate these Terms and that violation results in a problem for Us. You also agree to pay all damages, of any kind, including all direct, indirect, incidental, consequential, special or punitive damage, that We may incur or have to pay as a result of Your violation, as a result of any claim, legal suit, administrative decision, judgment, conviction or settlement with any third-party. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.
"Lachute Performance" and “LP Aventure”, in their nominate or figurative forms (logos), are trademarks that belongs to Us, as well as Our other trademarks, our corporate, business and domain names. Other third-party trademarks, corporate, business and domain names and logos on this Website are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website are Our sole property and are protected under the Canada Copyright Act and other applicable legislations and international treaties applicable. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
INTELLECTUAL PROPERTY INFRINGEMENT.
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate or may reasonably be considered as violating intellectual property rights of others, suspending access to this Website (or any portion thereof) to any user who uses this Website in violation or alleged violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Website in violation or alleged violation of someone’s intellectual property rights, at our sole discretion.
DISCLAIMER OF WARRANTIES.
This website is provided "as is" and "with all faults" and the entire risk as to the quality and performance of this website is with you.
We expressly disclaim all warranties of any kind (express, implied or statutory) with respect to this website, which includes but is not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that this Website will meet Your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by You through this Website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
LIMITATION OF LIABILITY.
We shall not be liable to You for any damages resulting from your displaying, copying, or downloading any materials to or from this website. To the maximum extent permitted by applicable law, in no event shall We be liable to You for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including, but not limited to, loss of data, revenue, profits, use or other economic advantage) however they arise, even if We know there is a possibility of such damage. Our aggregate liability arising out of or related these terms shall not be more than $100.00.
PRODUCTS OR SERVICES
The Products We sell are intended for recreational off-road use only of the vehicle in Canada, Australia and the continental United States of America only. The Products are as well covered under Our Limited product warranty, which contains disclaimers, limitations and exclusions. Our Limited Product Warranty, as well as important PRODUCT WARNINGS: IMPORTANT NOTICE AND RESTRICTIONS form part of these Terms and are applicable to all purchases made of Our Products.
Certain products or services may be available exclusively online through this Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products available for purchase. We in no way guarantee the accuracy of your computer monitor's display of any available color.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction, being intended that products purchased through this website are only available for purchase and delivery in Canada, the United States of America, and Australia. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void when it is prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order You place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, at our sole discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact you as needed.
For more details, please review our Returns Policy.
Shipments from Canada abroad may be subject to tariffs, duties, anti-dumping duties, countervailing duties, customs fees, value added tax (VAT), etc. These are not included in the shipping charges and will be your responsibility if you purchase goods on our Website. The majority of products sold through our website are designed for vehicle intended for use in Canada, the United States of America and Australia only.
LOCAL LAWS; EXPORT CONTROL.
We control and operate this Website from Our headquarters in the province of Quebec, Canada and the entirety of this Website may not be appropriate or available for use in other locations. If You use this Website outside Canada, You are solely responsible for following applicable local laws.
We welcome all questions and comments from our Users. Please know however that any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., telephone, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable or otherwise protectable under intellectual property legislations, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
We think direct communication resolves most issues. Consequently, if We feel that You are not complying with these Terms, We reserve the right, at our sole discretion, to inform You of such breach. We may, also at our sole discretion, provide You with recommended necessary corrective action(s) because We value this relationship.
However, certain violations of these Terms, as determined by Us at our sole discretion and on a case by case basis, may require immediate termination of Your access to this Website without prior notice to You. Applicable province of Quebec laws, as well as Canadian laws applicable therein, without regard to choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or this Website will be heard in the courts or tribunals located in Montreal, Quebec, Canada, to the exclusion of any other courts or tribunals. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between all Parties about this Website. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us by mail at Lachute Performance Inc., 441 Route du Nord, Brownsburg-Chatham, Quebec, J8G 1L5, by email at email@example.com , by phone at 1.450.562.0344 or fax at 1.450.562.9545.