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TERMS & CONDITIONS

Limitation of Liability

60°N 95°W Brand & Co., its affiliates and related companies ("60N95W.com") take no responsibility for the accuracy or validity of any claims or statements contained in the information or related graphics of this site. Further, 60°N 95°W Brand & Co. makes no representations whatsoever about the suitability of any of the information contained in the information or graphics on this site for any purpose. All such information and related graphics are provided without warranty of any kind. 60°N 95°W makes no representations whatsoever about any other Web site which you may access through this site. When you access a non-60°N 95°W Brand & Co. Web site, you understand and acknowledge that it is independent from 60°N 95°W Brand & Co., and that 60°N 95°W Brand & Co. has no control over the content on any such Web site. In addition, a link to a non-60°N 95°W Brand & Co. Web site does not mean that 60°N 95°W Brand & Co. endorses or accepts any responsibility for the content, or the use, of such Web site. It is your responsibility to take precautions to ensure that whatever you select for your use by you is free of such items such as viruses, worms, trojan horses, and other items of a destructive nature.

IN NO EVENT WILL 60°N 95°W Brand & Co. BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION AVAILABLE OR REFERRED TO ON THIS SITE.

Accuracy of Information 

We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Use of the Site

While visiting the 60N95W.com site, you may not: post, upload, publish, reproduce, transmit, or otherwise distribute information or other material: (a) constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability; (b) which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; (c) otherwise use this site in a manner which is contrary to law, including the posting or transmitting of any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.

Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Copyright

All materials published or otherwise accessible through this site including, but not limited to, news articles, text, photographs, images, illustrations, audio clips, video clips, software, and other materials (the "Content") are protected by copyright, and are owned or controlled by 60°N 95°W Brand & Co. and any others which may own copyright or the party credited as the provider of the Content. All visitors shall abide by all additional copyright notices, information, and restrictions contained in the Content. All visitors shall abide by all additional copyright notices, information, and restrictions contained in any content accessed through this site.

Trademarks

The trademarks, logos, and service marks, including but not limited to, "60°N 95°W Brand & Co.", "60N 95W", "60°N 95°W", "60N95W.com" and other names, logos, and icons identifying the products and services (collectively the "trademarks") displayed on the site, are registered and unregistered trademarks of 60°N 95°W Brand & Co., and others. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the site without the written permission of 60°N 95°W Brand & Co. or such third party that may own the trademarks displayed on the Site. Your misuse of the trademarks displayed on the site, or any other content on the site, except as provided in these Legal Terms of Use, is strictly prohibited. You are also advised that 60°N 95°W Brand & Co. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Disclaimers

YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. LIMITATIONS OF LIABILITY. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site. IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

Inappropriate Material 

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. Gift Certificates. Gift certificates can only be redeemed via purchases made on this website, and are not redeemable for cash. Any unused balance will be placed in the recipient’s gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates. We make no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift certificate code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. User Information. Other than personally identifiable information, which is subject to this Web Site’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We, each of our affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

Confidential Information

You authorize 60°N 95°W Brand & Co. to collect from any party and to retain all relevant information relating to your use of this site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify 60°N 95°W Brand & Co. to the contrary by e-mailing us, or writing to us using the address provided above you further authorize 60°N 95°W Brand & Co. to disclose, on a confidential basis, to any necessary parties with whom 60°N 95°W Brand & Co. has business relations all necessary information relating to your dealings with us and this site.

Recourse 

If you are dissatisfied with the 60N95W.com Web site or with any terms, conditions, rules, policies, guidelines, or practices of 60°N 95°W Brand & Co. in operating this site, your sole and exclusive remedy is to discontinue using this site.

Indemnity You agree to defend, indemnify, and hold 60°N 95°W Brand & Co. and its affiliates and related companies harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to the violation of this Agreement by you or users of your account, or in connection with the use of this site or the placement or transmission of any information or other materials on this site by you or users of your account.

Miscellaneous This Agreement, including any and all documents referenced herein, constitutes the entire agreement between 60N95W.com and you pertaining to the subject matter hereof. 60°N 95°W Brand & Co. failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. The parties have requested that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

60°N 95°W Brand & Co. has no obligation to monitor this site. However, you agree that 60°N 95°W Brand & Co. has the right to monitor this site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation, or other governmental request, to operate this site properly, or to protect itself or its subscribers. 60°N 95°W Brand & Co. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.