THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM SOUTH SHORE INDUSTRIES LTD. (“SOUTH SHORE”) BY MEANS OF THE WEB SITE www.southshore.ca (THE “SITE”). PLEASE READ IT CAREFULLY. WHEN YOU PLACE YOUR ORDER TO PURCHASE PRODUCTS FROM SOUTH SHORE (“PRODUCTS”), YOU ACCEPT THESE CONDITIONS, WHICH CONDITIONS WILL CONSTITUTE A VALID AND BINDING AGREEMENT (THE “AGREEMENT”). IF YOU DO NOT ACCEPT THE CONDITIONS, DO NOT SUBMIT YOUR ORDER.
2. Electronic Communications
When you shop on the Site or when you send us e-mails, you are communicating with us. Accordingly, you hereby agree that information and documents will be exchanged between you and South Shore electronically, over the Internet or by e-mail. We will communicate with you by e‑mail or by posting notices on the Site. You acknowledge that this Agreement and any other agreements, notices and other communications in electronic form are the equivalent of an original contract written on paper.
You acknowledge that all content included on the Site, such as text, graphics, logos, trade-marks, software, button icons, images, audio clips, digital downloads and data compilations (“Content”), including the manner in which Content is presented or displayed and all related information, is the property of South Shore or its affiliates or suppliers. You acknowledge that you do not acquire any right of ownership by consulting the Site or purchasing Products. Images of people, places and/or products posted on this Site are either the property of South Shore, or are used by us with express permission.
4. Authorization and Access to Site
South Shore grants you a limited authorization to access and make personal use of the Site, and not to download (other than page caching) or modify it, or any portion thereof, except with express written permission from South Shore. Excluded from this authorization are: any resale or commercial use of the Site and/or the Content or any product lists, descriptions or prices for commercial use; any derivative use of the Site and/or the Content; downloading, uploading or copying of any account-related information on behalf of another merchant; use of any data mining, gathering and extraction tools. The Site or the Content or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written permission from South Shore. You are not authorized to use framing techniques to enclose any Content except with express written permission from South Shore. You are not authorized to use any meta tags or any other “hidden text” using South Shore’s name or trade-marks without express written permission from South Shore. Any unauthorized use terminates any permission or authorization that South Shore may have given. South Shore grants you a limited, revocable and non-exclusive right to create a hyperlink to the Site’s homepage, so long as the link does not portray South Shore or its affiliates or their products or services in a false, misleading, defamatory or otherwise injurious manner. You may not use any South Shore logo or other proprietary graphic or trade-mark without expression written permission from South Shore.
5. Your Account
If you use the Site and such use requires setting up an account and/or password, you are solely responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for any transactions that take place under your account and password. Products that may be used by children are offered for sale to adults only. If you are under 18, you may use the Site only with the involvement of a parent or guardian. South Shore and its affiliates reserve the right, in their sole discretion, to deny service to a user, terminate an account, remove or edit site content or cancel an order
6. Content You May Submit to South Shore
From time to time, South Shore may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, South Shore welcomes your comments regarding our products and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to South Shore must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to South Shore will become, upon your submission, the sole and exclusive property of South Shore and South Shore shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that South Shore has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to South Shore. By submitting any materials of any kind to South Shore, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to South Shore does not and will not violate or infringe the rights of any third-parties.
7. Description of Products
South Shore and its affiliates make every effort to ensure that the Site is as accurate as possible. However, South Shore does not guarantee that the description of Products and/or the Content is accurate, complete, reliable, up to date or free of error. South Shore reserves the right to: (1) correct errors, inaccuracies or omissions at any time without prior notice and without incurring any liability toward you or anyone else; (2) change the products and services offered for sale on the Site, prices, charges, descriptions and specifications of such products and services, promotional offers and any other content included on the Site, without notice and without incurring any liability toward you or anyone else; (3) reject, correct, cancel or terminate any order, including accepted orders, for any reason; and (4) limit quantities offered for sale or sold.
Prices for Products are those in effect at the time the customer places the order, in the currency indicated on the Site. These prices apply to purchases made by users of the Site. Appropriate sales taxes will be added to the price of the Product. Prices may be changed without notice.
8. Limitation of Liability
In no event shall South Shore be liable for any incidental, indirect or special damages, whether based on contract, tort, civil liability or any other legal theory, including but not limited to damages related to loss of use, income or profit, failure to realize anticipated savings or any other economic loss, whether or not South Shore was advised of the possibility of such loss or damage. Any liability that South Shore could have toward you shall be limited to a sum of money equal to the price you paid for the Products. Limitations and exclusions apply solely to the extent permitted by law.
At no time shall South Shore, its suppliers or third parties referred to on the Site be liable for damages of any kind, whether based on warranty, contract, tort, civil liability or any other legal theory, arising out of or in connection with any use, inability to use or results of use of this Site, any website linked to this Site or any material or information or services contained in such other websites, whether or not South Shore was advised of the possibility of such damage. If use of the Content or the services offered on this Site should result in your need to repair or correct equipment or data, you shall be required to assume all costs associated with such repair or correction.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT SOUTH SHORE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
You agree to defend, indemnify and hold South Shore harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
11. Site Policies, modification and severability