Policies and Warranty
Privacy Policy
This Privacy Policy describes how Integran Technologies Inc. (“Integran” or “we”) collects and uses your information and explains the choices that you have with regard to how we use your information. By using our online website and providing us with information through our website, you consent to this Privacy Policy. We suggest that you review this Privacy Policy periodically as we will update and change it from time to time.
What information do we collect from you?
Like most websites, every time you visit colthockey.com (the “Website”), we automatically collect information from you that is not personally identifiable. Examples of this type of information include:
- The type of Internet browser you are using;
- The type of computer operating system you are using;
- The domain name of your Internet service provider;
- The Web page from which you came; and
- The pages you visit on our website.
In general, you can visit many of our web pages without providing us with any personally identifiably information. When you visit the Website, we may track your visit and, as described below in the section concerning “cookies”, collect certain data regarding your use of the Website and your activity on the Website, but we will not collect any personally identifiable information (“Personal Information”) from you unless you choose to provide it to us.
When you make a purchase from the Website, request to sign up for email, direct mail or social media notices, we collect Personal Information that you have volunteered. Your submission of this Personal Information is entirely voluntary; however, if you elect not to provide this Personal Information, some of the services available through the Website may not be available for your use.
We also collect Personal Information when you register for our newsletter, fill out a survey, or contact us (for example via email). We may also obtain data through your internet browser, such as your IP Address, which is a number that is automatically assigned to your computer when you use the internet.
How do we use your Personal Information?
The Personal Information we receive allows us to personalize our product offering and improve your online shopping experience, making it more convenient, efficient and enjoyable. We may use the Personal Information that you submit to us through the Website to:
- Customize your communications and shopping experience;
- Process your purchase, confirm your orders and communicate to you about account information or customer service needs;
- Adapt the content and layout of our pages tailored to your needs and so you do not have to enter information more than once;
- Notify you about new products and services, special offerings and other promotions;
- Coordinate contests, promotions, surveys or other website features; and
- Improve our business and better respond to your needs.
How do you share my information?
For the purpose of operating our business, we may transfer your Personal Information to our partners and/or third party service providers who use that information only to conduct Colt Hockey business. For example, these third party service providers may handle credit card processing, shipping, data management, email distribution, information analysis, and promotions management. We provide our preferred service providers with the Personal Information they need to perform their services and work with them to respect and protect your Personal Information. If you do not want Integran to transmit your Personal Information to our third party service providers in accordance with this Privacy Policy, please follow the procedures described under the Opt-Out/Unsubscribe section below.
We may use your Personal Information in the aggregate for purposes such as reporting and marketing. Such use of Personal Information in the aggregate is not personally identifiable.
On rare occasions, we may disclose Personal Information upon governmental request, in response to a court order, when required by law, to enforce our Website policies, or to protect our or others' rights, property, or safety. We may also share Personal Information with companies assisting in fraud protection or investigation. We do not provide Personal Information to these agencies or companies for marketing or commercial purposes.
Except as otherwise disclosed in this Privacy Policy or with your prior consent, we will not sell, trade or license Personal Information to other companies as part of our regular course of business. However, it's possible that we might acquire or merge with or be acquired by another company or that we might dispose of some or all of our assets. If that happens, your Personal Information may be disclosed to another company, but that disclosure will be subject to the Privacy Policy in effect.
What about information that I post to public areas or through social media?
This Privacy Policy does not apply to any Personal Information collected by Integran through means other than the Website. This Privacy Policy shall not apply to any unsolicited information you provide through the Website or through any other means. This includes, but is not limited to, information posted to any public areas or social media, any ideas for new products or modifications to existing products, and/or other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Integran shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution. You should exercise caution before you post Personal Information that you post in public forums. Once you release your Personal Information for posting on public forums, Integran cannot and will not be responsible for the privacy and/or security of such information.
How do I know my Personal Information is secure?
We have a variety of security measures to protect against the loss, misuse or alteration of your Personal Information that we have collected from you from the Website. To ensure the information you provide online is secure during transmission, we use leading edge encryption technology and Secure Socket Layers (SSL) while processing any Personal Information you voluntarily provide.
These controls are certified by Digicert®, a leading Internet security company. You can review our security certificate using your browser by clicking on the closed lock or solid key image at the bottom of your browser on any of the secure pages on our Website. This will display our Website security information.
For security purposes, your full credit card number is not permanently stored within our Website. On occasion, we may temporarily store the entire encrypted credit card number when it is necessary to manually contact a credit card company for verification.
What are cookies, Web beacons and pixel tags? How does Integran use them?
A cookie is a small removable data file stored by your web browser on your computer. Cookies allow you to browse and place an order on our Website and let us make shopping more convenient for you. We place a unique identifier in the cookie and use the cookie to connect your computer with the information we store for you in our Website database.
Some examples of how we use cookies are to:
- Enable you to select products, place them in your shopping cart and make a purchase;
- Recognize you when you come back to our Website(s);
- Alert you to new areas that may be of interest to you; and
- Customize web page content that may be helpful to you.
Cookies do not contain any Personal Information and they do not give us access to your computer. You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your internet browser (such as Internet Explorer or Firefox) settings. Most browsers are initially set to accept cookies. Each browser is a little different, so check your browser “help” menu to learn the correct way to modify your cookie settings. However, if you choose to turn cookies off, you won't be able to purchase products on our Website or have access to many features that make your browsing experience on our Website more efficient and convenient..
Pixel tags and web beacons are tiny graphic images that allow us or preferred service providers to track non-personally identifiable analytic information about your visit to our Website (such as pages viewed or links clicked). Pixel tags and web beacons also let us know when you have opened an HTML email from us. By using this information we are able to understand how visitors and members use our service. This allows us to learn what pages are most attractive to our members and visitors, which parts of the Website are the most interesting and what kind of offers our members and visitors like to see.
What is the Integran Children's Privacy Policy?
We do not knowingly ask for Personal Information from anyone under the age of 13 (a "Child"). If a Child submits Personal Information to us and we know that the person providing the information is a Child, we will not use it for any purpose. We will use commercially reasonable efforts to delete the information as soon as we discover it and we will not disclose it to third parties. If you become aware that a Child has provided Personal Information to our site, please contact us at info@colthockey.com.
While Integran's policy prohibits children under 13 from registering with the Website, parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address and other Personal Information without parental permission.
How do links from the Website to other websites affect me?
At times, we may provide links from our Website to other websites operated by third parties. These links are provided only for your convenience and intended to add value to your visit. However, by including these links, we do not have control over these websites and have separate privacy policies and terms and conditions. When leaving our Website, you need to be aware that our policies no longer apply. Therefore, we will not be responsible for the accuracy, relevancy, availability, reliability, copyright compliance, legality or decency of material contained in third party sites linked to our Website. We strongly encourage you to review the terms and privacy policies of any third-party sites before using their sites.
How can I opt-out/unsubscribe from Colt Hockey email, direct mail, or transmissions to third party service providers?
If for any reason you would like to be taken off the email list that notifies you of upcoming events, offers and sales sent by Colt Hockey or to opt-out of having your Personal Information transmitted to our third party service providers, simply click the unsubscribe link provided at the bottom of every email and every page of our Website. This will direct you to an unsubscribe page where you can remove your name from either the email or direct mail sign-up.
Please note that if you decide to opt-out of all third-party transmissions of your Personal Information, we may not be able to process your order.
How can I access, update or delete "My Account" information?
Accounts may be created during the ordering process. You can login to or manage your account by clicking the "My Account" link at the top of any page. After logging in, you will be able to modify your contact information, update your billing and shipping addresses, view past orders, or delete your account completely. For security purposes, credit card information is not saved within your account. Remember that you are responsible for protecting the user name and password for your account and, as set forth in the Terms and Conditions you will be responsible for all activity occurring through the use of your user name and password.
What if I have more questions about the Colt Hockey Privacy Policy?
If you have any questions or concerns including a request to be added to or taken off a list, please contact us info@colthockey.com.
COLT HOCKEY STICK PRODUCT Warranty
Colt Hockey believes that its hockey sticks and lacrosse shafts (the “Products”) are more durable than current composite Products but does not make any claim that its Products are unbreakable. The products are still designed to break when overloaded for safety reasons. To back-up our Products, we are pleased to offer an industry leading North-America-wide warranty on the Product based on the following conditions:
- COLT 4 Hockey Sticks – NO WARRANTY
- COLT PRO sticks - NO WARRANTY
- COLT LACROSSE – 1 YEAR on all lacrosse shafts
- Chips, dents and scratches in the Product from usage are unavoidable and are not covered by warranty.
- The Product is returned by the original purchaser with the sales receipt (not credit card transaction) along with the original serial number sticker attached.
- The warranty will be limited to a one-time replacement of the original purchased item only. All shipping expenses are the responsibility of the customer.
- This warranty only covers Products which break due to a manufacturing defect. Please note that, upon examination of returned Product, if Integran determines that the breakage was due to a manufacturing defect, we will ship the same or equivalent Product replacement to the address you provide. We must have a full mailing address; we cannot ship to P.O. Box numbers. If in our opinion, the Product was subject to accident, heat, flame, abuse, negligence or abnormal use, the Product will not be covered by this warranty.
- This warranty does not apply to professional, NHL, CHL, ECHL, USHL, AHL and University or College hockey players.
- The Hockey sticks used on ice will have the highest longevity. Use on concrete or asphalt will result in accelerated wear or chipping of the protective metal cladding.
- Contact info@colthockey.com for instructions on how to make a warranty claim.
COLT HOCKEY APPAREL PRODUCT Return Policy
- All COLT Hockey apparel is offered with a 15-day return window from the time of purchase. Returns will be honoured in the event that specific sizes received are not adequate (i.e.: do not fit as expected, or in the event a shipping error has been made).
- In the event that specific sizing is unsatisfactory, the product in question must be returned by, and at the expense of the original purchaser (i.e.: the return shipping fee must be paid by the original.
- Contact info@colthockey.com for further instructions on how to make a return.
Terms of Use
Our general terms of use policy:
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
Last Updated: November 29, 2013
ANY ACCESS TO AND USE OF COLTHOCKEY.COM, INCLUDING ANY SERVICES, CONTENT OR INFORMATION ON THE WEB SITE (COLLECTIVELY OR INDIVIDUALLY, AS THE CASE MAY BE, THE "SITE") IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AS SET FORTH IN THIS DOCUMENT AS THEY ARE AMENDED FROM TIME TO TIME (THE "TERMS"). BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. THE TERMS MAY CHANGE FROM TIME TO TIME IN INTEGRAN'S SOLE DISCRETION AND YOUR USE OF THE SITE AFTER SUCH CHANGES SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY THE TERMS AS CHANGED. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
1. SITE USE GENERALLY
1.1 Site Use.
The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Integran Technologies Inc. ("INTEGRAN"). You may download, copy or print pages for your personal use only. The Site and its material may not otherwise be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without our prior written permission and is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Except as expressly provided herein, INTEGRAN does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information. In addition, when using a particular service and/or accessing certain materials on or through this Site, you will be subject to any posted terms, conditions and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use. Your customer relationship with INTEGRAN is also governed by INTEGRAN'S Privacy Policy, which is also posted on this Site.
1.2 Links to Other Materials.
1.2.1 Some linked sites are not under the control of INTEGRAN and INTEGRAN is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. INTEGRAN reserves the right to terminate any link or linking program at any time. INTEGRAN provides such links only as a convenience to you. INTEGRAN has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.
1.2.2 INTEGRAN may provide you information from third parties as part of this Site. Unless expressly stated, INTEGRAN does not represent, endorse or guarantee the accuracy, completeness, timeliness, reliability or suitability of any information provided by third-parties. You agree that INTEGRAN is not responsible for third party information accessible through this Site, including opinions, advice, statements, and advertisements, and that you use such information at your own risk.
1.3 Territory.
INTEGRAN operates this Site from its office within Canada. INTEGRAN makes no representation that content and materials on this site are legal or appropriate for use from outside Canada. Please keep in mind that this Site may not conform to the laws of your country. If you access this Site from outside Canada, you do so at your own risk. You may not use the Site in violation of Canada export laws and regulations.
1.4 Supplier/Product Information.
Any information related to a supplier or product on the Site, which is not part of INTEGRAN, does not represent any endorsement by INTEGRAN of the quality of the supplier or product offered.
1.5 Third Party Service Providers.
INTEGRAN may use third party service providers to help develop and maintain this Site, to provide specific services offered through this Site, and to help service your Account. You agree that the terms and conditions set forth in these Terms of Use, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by INTEGRAN. All references to INTEGRAN are deemed to include its agents and service providers. All agents and service providers of INTEGRAN will be authorized to use your information only for the purpose for which they are hired.
1.6 Password and Site Access.
1.6.1 You are solely responsible for the security of online access to this Site and your Account, and you must take precautions to protect the confidentiality of your password and other login information (collectively, your "Account"). You should not share your password or login information with any other person or entity. You are solely responsible for verifying the accuracy of all transactions placed in your Account and for ensuring that you receive a confirmation for all transactions placed for your Account.
1.6.2 Contact INTEGRAN immediately if you suspect unauthorized use of your password or login information, or any other unauthorized activity on your Account. You must exit fully out of your account at the end of each session. You are and will be responsible for all activities conducted on and with the Site that make use of your password and/or login information, and for any charges or fees incurred by the use of that password and/or login information, including any use you may subsequently contend was not authorized by you. INTEGRAN may justifiably assume that any orders or instructions received through any electronic systems and placed under your Account or password were placed or authorized by you.
2. SITE MATERIALS, SERVICES AND SOFTWARE.
2.1 Through this Site, INTEGRAN may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Site (collectively, "Materials"); and (b) various services and functionality (collectively, "Services").
2.2 INTEGRAN and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use and display Materials; and (b) use the tools and software on the Site (collectively, "Software") solely for your own informational, financial and non-commercial use. In these Terms of Use, all references to the "Site" shall be deemed to include all "Software," "Materials" and "Services," unless otherwise expressly indicated. All rights not expressly granted by INTEGRAN to you are retained by INTEGRAN, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
2.3 The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of INTEGRAN, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) "frame" or "mirror" the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) download or copy Account information for the benefit of another merchant; (i) use any data mining, robots, or similar data gathering and extraction tools; or (j) use any meta tags or any other "hidden text" utilizing INTEGRAN'S name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to INTEGRAN by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of INTEGRAN.
2.4 Failure of a trademark to appear on this page does not mean that we do not use or own that trademark. Our trademark cannot be used without an express, written license agreement. Our trademark and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits INTEGRAN. All other trademarks not owned by INTEGRAN that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by INTEGRAN.
2.5 INTEGRAN and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.
3. DISCLAIMER OF WARRANTIES.
3.1 General.
INTEGRAN MAKES NO REPRESENTATIONS OR WARRANTIES THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. INTEGRAN UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE SITE. INTEGRAN ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.
3.2 No Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. INTEGRAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE.
3.3 Assumption of Risk.
BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE INTEGRAN, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS.
4. LIMITATION OF LIABILITY AND REMEDIES.
4.1 Exclusion.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTEGRAN BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF INTEGRAN KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.
4.2 Indemnification.
You agree to defend, indemnify and hold INTEGRAN harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney's fees), which INTEGRAN may hereafter incur, become responsible for or pay out arising out of your use of the Site, INTEGRAN'S display, publication, distribution or any other use of the Content you submit, or your breach of any term or provision of these Terms.
5.PRODUCT INFORMATION, PRICING AND ORDERS.
5.1 All prices are listed in Canadian Dollars. The prices and availability of products are subject to change without notice. If INTEGRAN discovers an error in either pricing or availability it will seek to correct it. INTEGRAN reserves the right to revoke any offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
5.2 By ordering an item on the Site, you are agreeing to purchase the products selected. All purchases shall be governed by the Terms of Sale below.
6. PRIVACY.
We have a policy that addresses this issue. Your use of our Site is subject to it. Please read our Privacy Policy so that you understand the parameters of privacy when using our Site.
7. GENERAL TERMS.
7.1 Modification.
INTEGRAN reserves the right at any time and in INTEGRAN'S sole discretion to change the terms, conditions, and notices under which the Site is offered. INTEGRAN may revise the Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of the Terms may be superseded by expressly designated legal notices given to you or terms located on particular pages at the Site. INTEGRAN also reserves the right at any time and in our sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that INTEGRAN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
7.2 Jurisdiction.
The Terms shall be governed by and interpreted according to the laws of the Province of Ontario, without regard to conflicts of law principles. INTEGRAN and you agree that all disputes and litigation regarding the Terms, the Site, and matters connected with its performance or relating to the use of the Site shall be subject to, and they each consent to jurisdiction and venue in, the provincial and federal courts whose jurisdiction includes Toronto, Ontario. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this section.
7.3 Equitable Relief.
You recognize and acknowledge that a breach by you of any of your obligations under the Terms will cause INTEGRAN irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of our goodwill, reputation, or rights in the Site, INTEGRAN shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.
7.4 Entire Agreement.
The Terms embody the entire agreement and understanding between INTEGRAN and you with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms shall affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms.
7.5 Termination.
IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE YOU SHOULD DISCONTINUE YOUR USE OF THE SITE. INTEGRAN may terminate your access to this Site at any time and for any reason without prior notification. Additionally, INTEGRAN may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Account, as applicable, and all related information and files. We reserve the right to bar any further access to such files and this Site. You agree that we will not be liable to you or any third-party for any termination of your Account or access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.
7.6 Complaints.
If you have any complaints or wish to report any violation of these Terms of Use, please contact info@colthockey.com.
Effective Date: November 29, 2013
Terms of Sale
All sales of products by INTEGRAN ("we," "us," "our," or "Colt Hockey") through the COLT HOCKEY.com website (the "Site") are made on the following terms and conditions. By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to these Terms of Sale will be effective when posted. These Terms of Sale are intended to supplement the Site's Terms of Use and Warranty Policy, each of which are incorporated herein by reference. In these Terms of Sale, any products you purchase from Seller are referred to below as "goods."
Privacy.
We take the issue of privacy on the Internet very seriously. To view our Privacy Policy, click here.
Payment Terms.
We have the right to increase our prices at any time without notice. We accept [Visa, MasterCard, American Express and PayPal]. We do not accept checks, drafts, or money orders for orders submitted through the Site.
Pricing; Shipping; Pricing Errors.
Any prices stated on the Site are quoted in either Canadian or US dollars and may not include shipping and handling, expedited service, or sales taxes, if applicable. You are responsible for any shipping and handling charges and provincial and local sales or use taxes that may apply to your order. We make every effort to provide accurate information about our products and pricing on the Site. If the amount you pay for the goods is obviously incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred. If an order you placed is cancelled due to mispricing, we will notify you of the cancellation.
Risk; Title.
The goods will be at your risk from the time of delivery. Ownership of the goods will only pass to you from the time of delivery. Risk in relation to goods being returned to us passes from you to us once we acknowledge receipt of the returned goods.
Cancelations or Order Changes.
To cancel or change an order, please email us at info@colthockey.com. We cannot guarantee we will receive your message before your order ships.
Display.
We make every effort to display the items featured on this Site as accurately as possible. However, your computer monitor's display and color capabilities may greatly affect the colors actually seen on the Site. We are not responsible for the limitations of your monitor's display of any color or detail. For optimal viewing, we recommend setting your monitor to 1024 x 768.
Quantity Limits.
We reserve the right to set quantity-per-order limits on any and all items sold on the Site. We may also limit the item quantity available to any single person or household over a given period of time. These restrictions may be applied to orders using the same credit card or billing or shipping address.
Limitation of Liability.
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INTEGRAN'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE GOODS YOU ORDERED. IN NO EVENT SHALL INTEGRAN BE LIABLE FOR ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, PERSONAL INJURY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE SALE AND PURCHASE TRANSACTION, EVEN IF INTEGRAN KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES.
Unavoidable Delay.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Sale that is caused by events outside our reasonable control (Force Majeure Event). Our performance under any order of goods is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the order of goods may be performed despite the Force Majeure Event.
Applicable Law.
This agreement and the relationship between you and INTEGRAN shall be considered to have been made in the Province of Ontario, and it shall be governed by and interpreted according to Ontario law. Either party may bring any action that arises out of or relates to this agreement in any federal or provincial court in Toronto, Ontario, that has jurisdiction of the subject matter, and Buyer irrevocably consents that any such court shall have personal jurisdiction over Buyer and waives any objection that the court is an inconvenient forum.