Terms of Service

Terms and Conditions of Use

This website is owned by and operated under a license to Whitewave Sportswear Inc. By using our site, oneillcanada.com, you agree to the Terms and Conditions below. Whitewave Sportswear Inc may modify these Terms and Conditions at any time, and by using the site you hereby agree to such modified terms. If you do not agree to any of these Terms or Conditions or any changes made by Whitewave Sportswear Inc. thereafter, you must not use the site.

This site is operated by Whitewave Sportswear Inc, from its offices in Montreal, Canada. The content on the site follows the laws and regulations governed by the province of Quebec and Canada, and thus, shipments are only made with the borders of Canada.

The content that appears on our site is for informational purposes only. We do our best to ensure that the information posted is timely and accurate. Unfortunately, errors do appear from time to time. We are not responsible for, and do not guarantee the performance of, goods and services provided by any third party to whose website we link. We may from time to time place a button or link to the website of another individual or company. Any links are designed for convenience only.

All text, images, graphics, logos, icons, design elements, trademarks, trade dress and other Site content, as well as the specific arrangement thereof, are Copyright © ; 5800 Ferrier, Montreal, QC H4P 1M7. All rights reserved.

Ownership of Site Content

Unless otherwise stated, the text, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, copyrights and copyrightable materials, trademarks, trade dress and other content are the exclusive property of Whitewave Sportswear Inc or its licensors. Except where such permission is specifically granted, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the site content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Whitewave Sportswear Inc and, where applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Whitewave Sportswear Inc grants you no express or implied rights by way of your permitted downloading of copyrighted material.

Restriction of Your Use

Your use of this site is granted based on a revocable license. As a condition of your use, you warrant to Whitewave Sportswear Inc that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. All other rights, including all rights of ownership, are reserved by Whitewave Sportswear Inc. This means that you may access the site using a browser and you may download one copy of the site content on a single computer for your own personal and non commercial internal use. You shall not: (a) modify the site content, in whole or in part; (b) use the site content, in whole or in part, for any commercial purpose or public display, performance, sale, or rental; (c) decompile, reverse engineer, or disassemble software materials; (d) remove any copyright notice or other proprietary notices from the site content; or (e) assign, transfer or export, or attempt to assign, transfer or export, the site content, in whole or in part, to another person. You agree to prevent any unauthorized copying of the site content.

Trademarks

The trademarks, logos and any designs used or displayed are trademarks and/or service marks owned by Whitewave Sportswear Inc. or, on occasion, used by Whitewave Sportswear Inc. under license from another third party. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of Whitewave Sportswear Inc., is strictly prohibited. Other trademarks, service marks, trade names and company logos utilized in the site are the property of their respective owners. All rights reserved.

Linking and Framing

As a matter of policy, Whitewave Sportswear Inc. does not permit you to create or post a link or a frame to any Whitewave Sportswear Inc. site without prior written approval. If you would like to link to oneilleshop.ca, please contact us.

Disclaimer of Warranties

YOU AGREE THAT THE USE OF THE SITE IS AT YOUR OWN PERSONAL RISK. WHITEWAVE SPORTSWEAR INC., ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED AND ERROR FREE; THEY DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WHITEWAVE SPORTSWEAR INC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL WHITEWAVE SPORTSWEAR INC. OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SOFTWARE USED IN CONNECTION WITH THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

IN NO EVENT SHALL WHITEWAVE SPORTSWEAR INC (INCLUDING ITS EMPLOYEES, DIRECTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY HYPERLINKED WEBSITE, EVEN IF WHITEWAVE SPORTSWEAR INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH PROVINCES, THE LIABILITY OF WHITEWAVE SPORTSWEAR INC. IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our designated agent to receive notice of claimed infringement: customerservice@oneillcanada.com or call 514-789-0809, and also register with the Copyright Office. All laws and regulations are governed by Quebec and Canada.

Termination

This agreement is effective until terminated by Whitewave Sportswear Inc., at any time without notice. In the event of termination, you are no longer authorized to access this site and the restrictions imposed on you with respect to the site content as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

General Terms

This site, and its use, shall be governed by the substantive laws of the Province of Quebec and Canada. The exclusive jurisdiction and venue for any dispute or litigation arising out of or related to the site, its content, these terms and conditions or your use of the Site shall be the state or federal courts located in Montreal, Quebec. Any rights not expressly granted herein are reserved by Whitewave Sportswear Inc.. If any part of this agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of Whitewave Sportswear Inc. to enforce a right under these terms and conditions will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. The above stated rules represent the entire understanding between each user of the site and Whitewave Sportswear Inc. Each user’s relationship with LJG and supersedes any prior statements or representations.

Comments

Whitewave Sportswear Inc. welcomes your comments. If you have questions or comments about our policies, feel free to send us an e mail at: customerservice@oneillcanada.com