By using the website located at www.tribal-inc.com (the “Site”), you are agreeing to the following Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Site.
The Site is owned and operated by TRIBAL Sportswear, a division of Haggar Canada Co. (“TRIBAL”). Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this Site are proprietary to TRIBAL, TRIBAL affiliates and/or third-party licensors. The Content is protected by international copyright and trademark laws.
RESTRICTIONS ON — USE
TRIBAL has created this Site for your personal use and informational purposes. By accessing this Site, you agree to be bound by these Terms and Conditions. Except as expressly set out in these Terms and Conditions, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, sell or otherwise transfer any Content without the express prior written consent of TRIBAL. You may print and download portions of the Content for your own non-commercial use provided you agree not to change or delete any copyright or proprietary notices contained in such Content. As a condition of your use of this Site you agree that you will not use this Site for any purpose that is unlawful, immoral or otherwise prohibited by these Terms and Conditions.
Some features on this Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify TRIBAL immediately in writing. TRIBAL may assume that any communications TRIBAL receives under your password have been made by you unless TRIBAL receives written notice otherwise.
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
MATERIAL YOU SUBMIT
You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
TRADEMARKS AND COPYRIGHTS
Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of TRIBAL, its affiliates, licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. TRIBAL reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of Canada, the United States and other countries.
THIRD PARTY LINKS
The Site may contain links to third party websites. Any such third party websites are not under TRIBAL’s control, and TRIBAL does not assume any responsibility or liability whatsoever for their contents. The links are provided for reference purposes only, and TRIBAL does not endorse the Content of any linked third party websites. If you choose to link your website to this Site, the website from which you link must not:
Imply, either directly or indirectly, that TRIBAL is endorsing the Content (as defined above) of such website;
Use any Content of TRIBAL, without TRIBAL’s prior written consent;
Contain Content that could be construed as offensive, controversial, or distasteful and should only contain Content that is appropriate for all age groups;
Disparage TRIBAL or its products in any way or otherwise negatively effect or harm the reputation and goodwill of TRIBAL;
Present false or misleading information about TRIBAL, or the goods or services of TRIBAL;
Represent, either directly or indirectly, that the owner and/or operator of such website has any relationship with TRIBAL; or
Create a browser or border environment around your website material.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS BEING PROVIDED ON AN AS IS BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRIBAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRIBAL DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS SITE
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
ORDERS, PROHIBITION ON RESELLING, AND PRICE
The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. [You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site]. The prices displayed on the Site are quoted in [United States or Canadian] currency and are intended to be valid and effective only in [the United States and Canada]. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
You hereby agree to indemnify, defend, and hold TRIBAL and its affiliates, officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees’) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You shall use your best efforts to cooperate with TRIBAL in the defence of any claim. TRIBAL reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
TRIBAL shall not be liable for any indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the site or any content, even if TRIBAL has been advised of the possibility of such damages. TRIBAL shall only be liable for direct damages hereunder for an amount not to exceed $ 100. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Quebec and applicable federal Canadian law. Any legal action concerning these Terms and Conditions or this Site must be brought within three (3) years after the claim or cause of action arises and must be brought in the Province of Quebec.
TRIBAL reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of this Site following the posting of changes to these Terms and Conditions will mean you accept those changes.