PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS ("TERMS") BEFORE REGISTERING FOR THE SITE OR ORDERING PRODUCTS. THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING USE OF THE SITE AND THE PURCHASE OF PRODUCTS. THIS SITE AND THE STORE ARE INTENDED FOR USE ONLY BY COMPANIES AUTHORIZED BY SPORT MASKA INC. AND THAT HAVE A CURRENT AND VALID ACCOUNT (AS DEFINED BELOW) (EACH A "DEALER").
This website located at www.go2rbkccm.com ("the Site") and the e-commerce store contained within it ("Store") are owned and operated by Sport Maska Inc. and Reebok CCM Hockey U.S.Sport Maska Inc. and Reebok CCM Hockey U.S., Inc hereafter referred to collectively as "Sport Maska". All sales from the Store are made by Sport Maska. Sport Maska operates the Site and Store for access by Dealers located in the United States and Canada only (the "Territory"). Companies located outside of the Territory are prohibited from using the Site and the Store. By using this Site, placing an order with the Store or submitting a purchase order to Sport Maska, each user indicates acceptance of the Terms. The Terms supplement any subsequent terms or conditions included within any purchase order, whether or not such terms are signed by Sport Maska. In the event that the terms contained in any purchase order provided by a Dealer contradict the terms contained herein, such purchase order terms are hereby expressly rejected. Sport Maska reserves the right to make changes to this Site and these Terms at any time.
REGISTRATION FOR USER ACCOUNT AND PASSWORD
Prior to submitting an order through the Store, a Dealer must request authorization and establish an online account with Sport Maska. Contact your Sport Maska sales representative or place a request online to request an account. Each company requesting an account represents that it will provide accurate, complete, current and true registration information at all times throughout the registration process and subsequent use of the Site, and to promptly update that information if it changes. Upon Sport Maska?s approval, in its sole discretion, of a company as a Dealer for an account, Sport Maska will send a confirmation that an account has been activated (the Dealer?s "Account") and the Dealer for that Account will receive a password and Account designation. Only the Dealer and the authorized employees of the Dealer registered for an Account are permitted to access and use the Site and Store under that Account. Each Dealer is responsible for maintaining the confidentiality of the ID and password for that Account. Each Dealer is responsible for any and all activities that occur under that Dealer?s Account and any obligation, including payment obligations, which may result from such use. Accounts are non-transferable and non-assignable, without the prior written consent of Sport Maska.
PRODUCT ORDER TERMS
Prices for products are as set forth on the Store. All prices are subject to change without notice or obligation. All sales taxes, where applicable, are in addition to our prices and are considered an integral part of the sales contract. Changes in the applicable sales tax rates shall be applied to orders, without notice, in accordance with the provisions of law. Dealer shall pay to Sport Maska the amount set forth on the invoice submitted to the Dealer for the products ordered through the Store under the Dealer?s Account. All charges due under an Account are due and payable on the dates indicated on the invoice. A late payment charge of four percent (4%) of the invoice amount will apply if payment terms are not respected or such other rate as may be the maximum allowed by law unless otherwise specified. If payment terms are not respected, any and all applicable discounts provided under the applicable Account will be forfeited. Service charges will be applied on past due amounts under an Account at the rate of 2% per month (24% per annum) or such other rate as may be the maximum allowed by law unless otherwise specified. All payments will be applied firstly to accrued service charges.
Orders and Shipment.
All shipments are F.O.B. Sport Maska?s warehouses. Shipments will be made to the ship-to address stated on the order in accordance with Sport Maska standard shipping terms. Any changes regarding shipping instructions must be received in writing and approved in writing at least ten (10) business days prior to the confirmed delivery date. Risk of loss for products shall pass to Dealer upon shipment F.O.B. at Sport Maska?s warehouse. Title for products shall pass upon full payment for those products by Dealer. Shipment will depend on dealer?s credit standing at the time of shipment and we reserve the right to refuse shipment. Dealer acknowledges and agrees that Sport Maska may be unable to fill an order for any reason, including force majeure events or if products are out of stock or on back-order. If product is on back-order and you do not wish to wait until it becomes available, please contact our Customer Service Department by phone. Sport Maska shall have the right to ship a partial amount of products, and Dealer shall pay the amounts due and payable for that partial shipment. Orders cannot be canceled or altered without the prior authorization from Customer Service. No authorization will be given for cancellations or alterations less than forty-five (45) days prior to the confirmed shipping date.
Acceptance and Inspection.
All claims for shortages, defects in, or damages to, products received and any claim for error in style, size or colour must be reported in writing within fifteen (15) days of receipt of products.
Returned products must have an approved return authorization number which is valid for thirty (30) days from the date issued. With the exception of products returned for limited warranty service (as provided below), a restocking fee of 25% will be charged. A restocking fee of 50% will be charged if the product returned is soiled, damaged or altered in any way.
Product Information on the Site
Sport Maska has made a conscientious effort to display and describe the products and related specifications available on the Site accurately and completely; however, the detail and accuracy of the image and specifications of products on the Site will depend on a number of things, including your computer equipment and Internet connections. Consequently, Sport Maska cannot and does not guarantee that the product images or specifications displayed or described on the Site or the prices for the products are or will remain accurate in every detail. Furthermore, Sport Maska is constantly updating the products depicted on the Site. The products depicted on the Site are available only while supplies last. Sport Maska reserves the right to discontinue the offering for sale of any product at any time, without notice. In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing or product information, Sport Maska shall have the right to refuse or cancel any orders placed for products listed at the incorrect price.
DEALER RIGHTS AND LIMITATIONS
The Dealer acknowledges that all products purchased from Sport Maska are intended solely for sale at retail to consumers, teams or other end-users within the country indicated on the Account for that Dealer.
�Dealers located in Canada agree: (i) not to ship any products to an address outside Canada, (ii) not to sell or transfer any products to any dealer, retailer, distributor, wholesaler, consignor, agent, or broker outside Canada, (iii) not to sell or transfer any products to any such person or entity it knows, suspects, or reasonably ought to know will export such products from Canada, (iv) not to accept orders for products via the Internet for sale to consumers, teams or other end-users outside Canada and (v) not to target any advertising or promotion of product purchased from Sport Maska to customers or potential customers outside Canada, or to advertise or solicit sales for any such products in any currency other than Canadian dollars.
�Dealers located in the United States agree: (i) not to ship any products to an address outside the United States, (ii) not to sell or transfer any products to any dealer, retailer, distributor, wholesaler, consignor, agent, or broker outside the United States, (iii) not to sell or transfer any products to any such person or entity it knows, suspects, or reasonably ought to know will export such products from United States, (iv) not to accept orders for products via the Internet for sale to consumers, teams or other end-users outside the United States and (v) not to target any advertising or promotion of product purchased from Sport Maska to customers or potential customers outside United States, or to advertise or solicit sales for any such products in any currency other than U.S. dollars.
Limited Right to Use Sport Maska Name and Trademarks
Subject to compliance with these Terms and such other guidelines as Sport Maska may provide to Dealer from time to time, Sport Maska hereby grants a limited right during such time as Dealer has a current and valid Account to use such trademarks or other indicia of Sport Maska as Sport Maska may provide to Dealer from time to time (the "Sport Maska Marks"), only for the purpose of advertising and promoting the products for retail sale in the Dealer?s applicable country in accordance with the Terms. All Sport Maska Marks must be used solely in the form provided by Sport Maska and must include the appropriate intellectual property notices as requested by Sport Maska. Rights to use Sport Maska Marks will be non-assignable and non-transferable. The form of all usage of the Sport Maska Marks will be under the direct control and supervision of Sport Maska and will be subject to Sport Maska?s prior written approval, which may be withheld for any or no reason. In the event Sport Maska shall determine, in its sole discretion, that Dealer is using any of the Sport Maska Marks other than as expressly provided herein, Dealer shall immediately, upon the request of Sport Maska, cease such non-conforming use of the Sport Maska Marks.
Each Dealer further acknowledges and agrees to the following restrictions:
�The limited warranties provided for the products are only available to consumers, teams or other end-users purchasing at retail.
�Dealer shall not remove, cover, obfuscate any warning or notice, including, patent, copyright, trademark, co-brand or any other proprietary rights notice, or certification of origin designation, or other notices placed by Sport Maska or the manufacturer on the products, or any portion of them.
�Except for the limited warranties available for the products as provided by Sports Maska or the manufacturer in writing to the consumers in connection with certain products, Dealer shall not make any representations or warranties or offer any indemnities on behalf of Sport Maska or hold itself our as representing Sport Maska in any way (other than the limited right to use the Sport Maska Marks and images of the products as provided in these Terms).
�Dealer shall at all times strictly comply with all applicable laws, ruling and regulations relating in any way to Dealer?s purchase, use, offer for sale, marketing, sale and other transfer of the products.
�Promotion via the Internet of Sport Maska products by Dealer will be permitted only with the express written authorization of Sport Maska and provided that the Dealer?s website meets the following conditions, as determined in the sole discretion of Sport Maska. Certain products, which will be specifically identified in writing by Sport Maska, may not be sold via the Internet. In order to request authorization for Internet sales, please contact us at @reebokccm.com.
oThe website, presentation of the products, and level of service offered by the Dealer must be commensurate with the high quality of the brand images of the products.
oOnly depictions of Sport Maska products provided by Sport Maska may be exhibited on the Dealer?s website. The Dealer may not use their own product representations, depictions, photographs or images and may not blend product depictions provided by Sport Maska with any other product depiction.
oIn order to ensure that accurate, current product information is available to consumers, all retail Internet sites depicting products must be linked to the appropriate site: www.ccmsports.com, www.rbkhockey.com.
oThe Dealer must provide a secure site for credit card transactions.
oThe Dealer must maintain sufficient inventory of products to supply customer demand.
oThe Dealer must clearly state their policies with respect to customer privacy, governing laws, returns, refunds and warranty.
oThe Dealer must provide customer service staff to handle inquiries via all communication channels.
Remedies and Liquidated Damages.
Dealer acknowledges and understands that any marketing, offer for sale, sale or other transfer of the products that is not expressly authorized or which is prohibited by these Terms constitutes a material breach of these Terms. It is expressly understood that it is impossible to quantify the damages Sport Maska may suffer as a result of a breach of these Terms and that such damages are likely to be irreparable. Any breach of these Terms by a Dealer will result in the immediate termination of the company as a Dealer and the company?s Account, and the Dealer agrees that Sport Maska shall be entitled to an amount to be awarded liquidated damages in the amount of $25,000.00 CAD (or equivalent amount in US currency based on then-current prevailing currency exchange rates) for each such breach, in addition to all other remedies available to us at law and equity. Sport Maska may further apply to any court of competent jurisdiction for injunctive or equitable relief under this specific provision. Such a determination will not impair, invalidate, negate or void Sport Maska?s rights to relief in law or equity.
Ownership of Content
The Site and all of its contents, including all information, text, images, photographs, illustrations, design, icons, video clips, trademarks, copyrighted material, trade dress, software applications, specifications, catalogs, literature, technical information, advertisements and other content or material on the Site ("Content") are the sole property of Sport Maska, its vendors, licensors, licensees or other third parties. The rights in the Content are retained by the owner and are protected by copyright and other applicable law. Any use of any Content provided on the Site, except as provided in these Terms, without the written permission of Sport Maska is strictly prohibited.
License TO and LIMITATION ON USE OF SITE
Except for the limited rights expressly provided under these Terms, Sport Maska does not convey to Dealer any right or interest in the Site, Content, Sport Maska Marks or information available through the Site. Dealers are prohibited from framing or utilizing framing techniques to enclose this Site or any Content or to use any meta tags or any other "hidden text" utilizing Sport Maska Marks. Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are strictly prohibited.
Termination of Access
In addition to other access termination rights set forth in these Terms, Sport Maska may, in its sole discretion, suspend, discontinue or terminate offering the Site or the Store and may prevent access to the Site, at any time. Sport Maska may immediately suspend the rights and access by a Dealer to the Site without notice and may terminate an Account if any of the following events occur: (i) failure to pay any fees, charges, or costs when due; (ii) Sport Maska determines that the Dealer has breached any obligation, representation or warranty of these Terms or any purchase order; or (iii) if a Dealer notifies Sport Mask in writing or by any action, of the refusal to accept any modification to these Terms.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Disclaimer of Warranties
THE SITE AND STORE ARE PROVIDED TO YOU "AS IS" AND SPORT MASKA MAKES NO OTHER WARRANTY, REPRESENTATIONS, CONDITIONS OR PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SITE OR THE STORE OR ANY MATERIALS, PARTS OR COMPONENTS THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND SPORT MASKA AND ITS AFFILIATES AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. Without limiting the foregoing, Sport Maska neither warrants nor represents that (i) the content on the Site will be accurate, reliable, complete or up-to-date; (ii) access to the Site will be uninterrupted or error free; or (iii) Dealers or their customers will be satisfied with any products purchased from the Site.
LIMITATION of Liability
IN NO EVENT SHALL SPORT MASKA BE RESPONSIBLE FOR ANY DAMAGES TO COMPUTERS SYSTEM OR FOR LOSS OF DATA THAT RESULTS FROM USE OF THE SITE, DOWNLOAD OF ANY CONTENT OR ANY ACCESS TO ANY LINKED SITES. UNDER NO CIRCUMSTANCES SHALL SPORT MASKA NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY to USE THE SITE OR THE STORE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES). In NO event SHALL SPORT MASKA?S LIABILITY TO ANY DEALER FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, regardless of the form of the claim, whether in Contract, Tort (including negligence) or otherwise exceed, in the aggregate, the amount of fees paid by THAT DEALER TO SPORT MASKA FOR PRODUcTS Purchased THROUGH THE STORE DURING the PRECEDING TWELVE (12) month period.
Sport Maska welcomes all comments, dieback, information or materials that Dealers submit to it through or in connection with the Site and Store ("Feedback"). Please note that Feedback shall be considered non-confidential and shall become the property of Sport Maska. By submitting Feedback to Sport Maska, you hereby assign to Sport Maska and its affiliates and successors, all right, title and interest in and to that Feedback, including all intellectual property and other personal and proprietary rights on a worldwide basis.
The Site may contain products and services, and hypertext links to websites ("Linked Sites") offered by third parties. Such products, services and links are provided for convenience only. Sport Maska is not responsible for examining or evaluating, and does not warrant or endorse the offerings of, any of these third parties, and does not control the content or the security of , the Linked Sites. Any concerns regarding any product or service offered by a Linked Site should be directed to the operator of that specific site and not to Sport Maska.
Sport Maska may provide notices by email or regular mail. Such notices may include changes to the Site or these Terms. All agreements, notices, disclosures and other communications that Sport Maska provides electronically shall be deemed to satisfy any legal requirement that such communications be in writing.
These Terms and use of the Site are governed by the laws of the Commonwealth of Massachusetts and the Province of Quebec, Canada, depending on whether the dealer is located in the USA or in Canada, without regard to the conflict or choice of law principles. Each Dealer agrees that no joint venture, partnership, employment, or agency relationship exists between the Dealer and Sport Maska as a result of these Terms or Dealer?s use of the Site. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the remainder shall continue in effect.
QUESTIONS & COMMENTS
Sport Maska hopes that you are fully satisfied with the Site and Store. Should you have any questions or comments about the Site, please email your question or comments to B2B.Feedback@reebokccm.com.