Terms of Use

  1. Introduction

These are the terms of use (“Terms of Use”) for your use of services or features on the sites owned and controlled by Earthpak Distribution Inc. (“Earthpak”), including www.earthpak.ca (the “Sites”). We may add additional Sites from time to time as we expand our product offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.

If you register for a Earthpak account, you will have pages associated with your Earthpak account, including a Profile page, Lists Page, and Account page. Your Lists Page, and Account page are not visible to anyone but you.

BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

We also like to interact with you on third party sites where we post content or invite your feedback, such as www.facebook.com/earthpak, www.instagram.com/earthpak, and www.youtube.com/earthpak (“Third Party Sites”). Our Terms of Use and other areas of our Sites may provide guidelines (“Guidelines”) and rules and regulations (“Rules”) in connection with the community, including services that involve Third Party Sites, but Earthpak does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Earthpak does not own or control, or to the actions of people that Earthpak does not employ or manage. You should always check the terms of use posted on Third Party Sites.

Earthpak reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Earthpak decides to change these Terms of Use, Earthpak will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. Your continued use of the Sites following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Sites. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

  1. Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites, the compilation (meaning the collection, arrangement and assembly) of all content on the Sites are the exclusive property of Earthpak and protected by Canadian and international copyright and other intellectual property laws. All rights reserved. All software used on the Sites is the property of Earthpak or its software suppliers and is protected by Canadian and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Earthpak. Any other use of materials on the Sites – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display, performance, translation, production or communication to the public by telecommunication – without the prior written permission of Earthpak is strictly prohibited.

  1. Trademarks

Earthpak.ca and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Earthpak and may not be used in connection with any product or service that is not offered by Earthpak in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

  1. Product Information

The products displayed on the Sites can be ordered and delivered only within Canada.  Earthpak products displayed on the Sites may be available in select Earthpak distributions in Canada. All prices displayed on Earthpak.ca are quoted in Canadian Dollars and are valid and effective only in Canada. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Earthpak.

All material and information presented by Earthpak is intended to be used for personal educational or informational purposes only.   All products should be used strictly in accordance with their instructions, precautions and guidelines.

  1. Third Party Content and Third Party Sites

Earthpak may provide content of third parties (“Third Party Content”) or links to Third Party Sites as a service to those interested in this information. Earthpak does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Earthpak and such third party. Earthpak does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Earthpak is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Earthpak through the Community, do not necessarily reflect the views of Earthpak.

  1. Mobile Services

If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.

  1. Reservation of Rights

Earthpak reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use of the Sites. All provisions of these Terms of Use that expressly survive, or that by their nature are intended to survive, such termination (including disclaimers and limitations of liability, disclaimers of warranties and conditions and statement recognizing Earthpak’s intellectual property rights) survive the termination of these Terms of Use for any reason. Earthpak may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Earthpak (and its employees), its users and the public.

  1. Disclaimer

Some jurisdictions may not allow the exclusion of implied or legal warranties and conditions, so some the following exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law. EARTHPAK IS PROVIDING THE SITES, THEIR CONTENTS AND THE COMMUNITY ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, LEGAL OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR COMMUNITY, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, EARTHPAK DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING FOR EXAMPLE WARRANTIES OF TITLE, QUALITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IN ADDITION, EARTHPAK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.

EARTHPAK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE COMMUNITY.

  1. Indemnification

You agree to defend, indemnify and hold harmless Earthpak (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Sites; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites.

  1. Applicable Law

Except to the extent that the laws of the Canadian province or territory in which you reside require that the laws of such jurisdiction apply to these terms of Use, the laws of the Province of British Columbia, Canada, will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Earthpak reserves the right to make changes to the Sites and these Terms of Use at any time.

  1. Copyright Infringement

If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Earthpak’s designated copyright agent with the information referred to above, along with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

– A description of your interest or right with respect to the copyright in the work or content; and

– The date and time of the commission of the claimed infringement.

In accordance with the applicable Canadian copyright law, Earthpak will provide notice electronically to the subscriber who is responsible for posting the work or content that you are alleging infringes copyright.

  1. Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

  1. General

These Terms of Use, our Privacy Policy and our Guidelines and Rules constitute the entire agreement between you and Earthpak with respect to its subject matter. Except to the extent that the laws of the Canadian province or territory in which you reside prohibit this choice of forum provision, any claim or dispute between you and Earthpak that arises in whole or in part from the Sites shall be decided exclusively by a court of competent jurisdiction located in the City of Burnaby, British Columbia. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Earthpak’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente entente ainsi que tous les documents y afférant soient rédigés en anglais. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND EARTHPAK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.