Terms & Conditions

1. TERMS OF USE

Welcome to www.cougarshoes.com and www.cougarshoes.ca (the “Website”). The Website and its related services are offered to you by Cougar Shoes Inc. (“Cougar Shoes”) and its affiliates subject to the following conditions. If you visit the Website, you accept these conditions (“Terms of Use”). Please read them carefully. If you visit or use this Website or its related services, then you agree to be bound by these Terms of Use, any related policies, conditions, and guidelines. You are not permitted to use this Website if you do no agree with any of the Terms of Use.

2. PRIVACY

Our privacy policy should also be reviewed, as it also regulates your use of the Website.

3. GENERAL

The right to use the Website is personal to the subscriber and is not transferable to any other person or entity. Cougar Shoes shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use.

4. CHANGED TERMS

Cougar Shoes shall have the right at any time to change or modify these Terms of Use applicable to the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately on notice thereof, which may be given by any means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Website by you after such notice shall mean that you accept such changes, modifications or additions. If you do not agree to any changes or revisions to these conditions of use, you may not use the Website and are to discontinue use of the Website immediately.

5. MONITORING

Cougar Shoes shall have the right, but not the obligation, to monitor the content of the Website to determine compliance with these Terms of Use and any operating rules established by Cougar Shoes and to satisfy any law, regulation or authorized government request. Cougar Shoes shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website. Without limiting the foregoing, Cougar Shoes shall have the right to remove any material that Cougar Shoes, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. The decision by Cougar Shoes to monitor and/or modify the content of the Website does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of Cougar Shoes in connection with or arising from use by anyone of the Website or participation in any such features of the Website.

6. ELECTRONIC COMMUNICATIONS

You consent to communicating with us by way of email or the Website. We will communicate with you by positing on the Website or by sending you email. You agree that communication to you by way of email or by posting on the Website in respect of any agreements, disclosures, notices, and related communications, satisfies any requirement at law that such communications be in writing.

7. COPYRIGHT

Cougar Shoes, its affiliates, or content suppliers owns all the Website content, such as, text, graphics, software, video and audio clips, interfaces, layouts, data, downloads and all such content is protected by Canadian and international copyright laws. Without the prior consent of Cougar Shoes and the copyright owner, no copying, redistribution, retransmission, publication or commercial exploitation of any content on and from the Website will be permitted.

8. TRADEMARKS

Each of COUGAR®, the slogan FOR THE WORLD YOU WALK ON. LOVE WHAT YOU WEAR.™, and the COUGAR SINCE 1948 logo on the Website are trademarks or registered trademarks of Coug & Company Inc. used under license by Cougar Shoes. All rights reserved. All other trade marks not owned by Cougar Shoes or Coug & Company Inc. appearing on the Website are the property of their respective owners and whose entire rights are reserved.

9. LICENCE AND WEBSITE ACCESS

Cougar Shoes grants you a limited licence to access and make use of the Website, and not to download (other than page caching) or modify it, or any portion of it, except with the express prior written consent of Cougar Shoes. The Website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the express prior written consent of Cougar Shoes, except that you may print off a page of the Website for your personal and non-commercial use to gather information about your potential purchase of Cougar Shoes’ products. Any unauthorized use terminates the permission or licence granted by Cougar Shoes.

10. YOUR EMAIL

If you use the Website, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Website only with involvement of a parent or guardian. Cougar Shoes and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

11. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Any conduct by you that restricts or inhibits any other person from using or enjoying the Website will not be permitted. You shall not use the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online information services competitive with the Website. Cougar Shoes reserves the right to remove or edit messages or material submitted by you.

You shall not upload, post or otherwise make available on the Website any material protected by copyright, trade mark or other proprietary right without the express written permission of the owner of the copyright, trade mark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Website, you automatically grant, or warrant that the owner of such material has expressly granted, Cougar Shoes. the royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other Website user to access, view, store or reproduce the material for that user’s personal use. You grant Cougar Shoes the right to edit, copy, publish and distribute any material made available on the Website by you.

12. HYPERLINKS TO THIRD PARTY SITES

We may from time to time have links on the Website to external third party websites. We do not own or control the external third party websites. We take no responsibility for the accuracy, currency, or content of the external third party websites. Furthermore, we do not endorse, promote, or support any external third party website or their content. If you follow a link to an external third party website, you do so at your own risk and you are responsible to protect yourself against any viruses, spyware, malware, or other destructive software programs. We do not take any responsibility for the legality, copyright compliance, or morality of any external third party website. This paragraph overrides any statement we may make next to or in respect of any external third party website on the Website.

13. COPYRIGHT COMPLAINTS

Cougar Shoes and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@cougarshoes.com.

14. PRODUCT DESCRIPTIONS

Cougar Shoes and its affiliates attempt to be as accurate as possible. However, Cougar Shoes does not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free.

15. FEES AND PAYMENTS

Cougar Shoes reserves the right at any time to charge fees for access to portions of the Website or the Website as a whole. If at any time Cougar Shoes requires a fee for portions of the Website that are now free, Cougar Shoes will give subscribers advance notice of such fees and the opportunity to cancel any existing account before such charges are imposed. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Website by Cougar Shoes or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Website through your account. Your right to use the Website is subject to any limits established by Cougar Shoes in its sole discretion.

16. YOUR CONDUCT

(1) On the Website you shall not:

(a) engage in behaviour that violates or infringes in any way on the rights of others, including any statements which may defame, abuse, harass or threaten others;

(b) make any bigoted, hateful or racially offensive statements;

(c) advocate illegal activity or discuss illegal activities with the intent to commit them;

(d) post or distribute any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offence or give rise to a civil liability;

(e) post or distribute any vulgar, obscene, discourteous or indecent language or images;

(f) post or transmit, without Cougar Shoes’ express prior approval, material which contains advertising or any solicitation with respect to products or services;

(g) post, transmit or distribute any software or other materials which contain a virus or other harmful component; or

(h) post or transmit material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

(2) No conduct which restricts or inhibits any other person from using or enjoying the Website will be permitted. You shall not use the Website to advertise or perform any commercial solicitation. Cougar Shoes reserves the right to remove or edit messages or material submitted by you. Cougar Shoes is not responsible for material submitted to the Website or posted in chat rooms, on bulletin boards or on other forums by users of the Website.

17. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

(1) The Website is provided by Cougar Shoes on an “as is” and “as available” basis. Cougar Shoes makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. You expressly agree that your use of this Website is at your sole risk.

(2) To the full extent permitted under applicable law, Cougar Shoes disclaims all other warranties and conditions, express or implied, in respect of the products and services contemplated by these Terms of Use including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose. Cougar Shoes does not warrant that the Website, its servers, or e-mail sent from Cougar Shoes are free of viruses or other harmful components. Cougar Shoes will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

(3) Without limiting the generality of the above disclaimers, Cougar Shoes does not warrant any products or services under these Terms of Use.

(4) Cougar Shoes reserves the right to change its warranties at any time, in its sole discretion without prior notice.

(5) Some provinces do not permit the exclusion of certain implied warranties or conditions or limitations on how long an implied warranty or condition lasts in consumer transactions. Therefore the foregoing disclaimers may not apply to you.

18. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Cougar Shoes, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including but not limited to legal fees, arising out of the use of the Website by you or your account by you or any other person using your account. Cougar Shoes reserves the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Cougar Shoes with such co-operation as is reasonably requested by Cougar Shoes.

19. APPLICABLE LAW

By visiting the Website, you agree that the laws of the Province of Ontario, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Cougar Shoes or its affiliates. The Parties have required 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.

20. DISPUTES

Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in Hamilton, Ontario, Canada, except that, to the extent that you have in any manner violated or threatened to violate the intellectual property rights of Cougar Shoes or its affiliates, Cougar Shoes or its affiliates may seek injunctive or other appropriate relief in any provincial or federal court in the Province of Ontario, and you consent and attorn to the exclusive jurisdiction and venue of such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Ontario Arbitration Act. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

21. SEVERABILITY

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

22. OUR ADDRESS

2 Masonry Court
Burlington, Ontario
L7T 4A8

23. NUMBER AND GENDER

Words importing the singular include the plural and vice versa; and words importing gender include all genders