TERMS OF USE

Stormtech Performance Apparel Ltd.’s Web site

This web site is owned and operated by Stormtech Performance Apparel Ltd. (the “Company”). PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THE COMPANY’S WEB SITE. By using this site, you signify your agreement with these Terms and Conditions of Use. If you do not agree to these terms and conditions, please do not use or further access this site.

MINORS. You agree to supervise usage by, and be responsible for the actions of, any minors who use your computer to access this site. By providing information or placing an order, you represent and warrant that you are at least thirteen (13) years of age.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION. See the Company’s Privacy Policy, incorporated herein by this reference, for complete information relating to the collection and use of your personal information.

MODIFICATION OF THESE TERMS OF USE. The Company reserves the right to change the terms and conditions under which this site is offered by making changes to these Terms and Conditions of Use. You are responsible for regularly reviewing these Terms and Conditions of Use. Your continued use of this site constitutes your agreement to all such terms and conditions.

LINKS TO OTHER SITES. This site may contain images of and links to other web sites that are independently run sites outside of the stormtech.ca, stormtechusa.com, stormtecheur.com, and stormtecheurope.com domains. The Company has no control over, or responsibility for the content of such independent sites, which have their own privacy and data collection practices and terms of use, independent of the Company. The Company is providing these links to you only as a convenience. Neither these sites, nor any content available through links to and from them are screened, reviewed or endorsed by the Company. The Company has no liability for any damages caused by the use of, or inability to use such third party sites.

FORWARD LOOKING STATEMENTS. This site, including the reports and audio and visual materials available through this site, may include forward looking statements, including statements concerning liquidity, future financing and working capital requirements and availability. These forward-looking statements, and others made from time to time by the Company, are subject to many risks and uncertainties. Many factors could cause actual results to differ materially from those projected in such forward looking statements. Risk factors that may affect liquidity, future financing and working capital requirements and availability include, but are not limited to, business disruptions and costs arising from acts of terrorism or military activities around the globe; unfavorable economic conditions generally and weakness in consumer confidence; the financial health of Company customers; the Company's ability to effectively deliver its products to customers in a timely manner due to potential service interruptions (including, but not limited to, those related to labor disputes in Canada); effects of unseasonable weather (for example, warm weather in the winter and cold weather in the spring which affects demand for the Company’s products); the Company's reliance on product acceptance by consumers; dependence on independent manufacturers and suppliers;; effectiveness of the Company's sales and marketing efforts; intense competition in the industry (that the Company expects to increase); the Company’s ability to achieve and manage growth effectively; international risks including trade disruptions, political instability in foreign markets, exchange rate fluctuations, changes in quotas and tariffs or other duties; and the Company’s ability to establish and protect its intellectual property. The Company does not undertake any obligations to update this forward-looking information to conform it to changes in circumstances or expectations.

COPYRIGHTS. 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 the Company 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, "Stormtech", "Stormtech USA", "Stormtech Europe" and other names, logos, and icons identifying the products and services (collectively the "trademarks") displayed on the site, are registered and unregistered trademarks of the Company 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 the Company 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 the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

OTHER INTELLECTUAL PROPERTY RIGHTS. The content on this web site is provided solely for your information, entertainment and educational use. It shall not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the Company’s express written permission. You shall not use in any manner any of the content from this web site on any other web site, online service or networked computer environment.

Subject to any expressly stated limitations on this web site, however, you may download or print portions of the content or trademarks on this web site on a single home computing device solely for your personal, non-commercial use, provided that you keep intact all copyright, trademark or other proprietary notices. Any other use is prohibited. The Company will at all times retain complete ownership of the content and trademarks on this site.

NO UNLAWFUL OR PROHIBITED USE. You shall not use this site for any purpose that is unlawful or prohibited by this agreement, or in any manner that could damage, disable, overburden, or impair the Company or interfere with any other party's use and enjoyment of this site. You shall not attempt to gain unauthorized access to any Company accounts, computer systems or networks through hacking, password mining or any other means, or interfere with or modify in any manner the appearance or operation of this site. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through this site.

DISCLOSURE OF INFORMATION. The Company reserves the right at all times to monitor your use of this site and to disclose any information as the Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request or to protect its rights or a third party’s safety.

DISCLAIMER OF WARRANTY. THIS WEB SITE AND THE CONTENT ON IT ARE PROVIDED "AS IS." THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THIS SITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO DAMAGES FROM ANY CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, TORT (INCLUDING NEGLIGENCE), CONTRACT, INDEMNITY OR OTHERWISE. IN NO EVENT WILL THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, SO THESE MAY NOT APPLY TO YOU.

INDEMNIFICATION. You agree to defend, indemnify and hold the Company and any of its officers, directors, employees, agents and affiliates harmless from and against any and all claims, actions, liabilities, costs or damages asserted by any third party arising from or related to your use of this site or conduct in connection therewith, or otherwise arising from or related to your use of this site. You further agree to pay our reasonable attorneys' and expert witness fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this paragraph.

SEVERABILITY. Should any part or portion of this agreement be found or held to be invalid or unenforceable, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this agreement, which shall remain in full force and effect unless the Company’s obligations hereunder are materially impaired.

GOVERNING LAW; VENUE AND JURISDICTION; ATTORNEYS' FEES. The rights and liabilities of the parties arising out of or relating to this agreement or your use of this web site will be governed by the laws of the province of British Columbia, exclusive of choice of law rules. Any legal action arising out of or relating to this agreement or your use of this web site will take place in the provincial or federal courts in the province of British Columbia and nowhere else. In any such legal action, the substantially prevailing party will be entitled to recover reasonable attorneys' fees incurred in the preparation for and prosecution or defense of such action as fixed by the trial court or appellate court. You agree that any cause of action arising out of or related to this site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

ENTIRE AGREEMENT. This constitutes the entire agreement between you and the Company regarding the access and use of this web site.

TERMINATION. The Company reserves the right to terminate or modify this agreement at any time. All provisions regarding the protection and ownership of the Company's intellectual property, disclaimer of warranties, limitations of liability, governing law, and attorneys' fees will survive termination.

PRIVACY POLICY

The Company understand that its customers and web site visitors care about how personal information is gathered and used. We appreciate that you trust us to act carefully and responsibly with your personal information.

POLICY. This Privacy Policy describes the Company’s privacy practices with respect to individuals, and explains the choices you have about the way your information is collected and used. It also explains the security measures taken by the Company to protect your personally identifiable information, and how you may contact us with any questions or concerns regarding this Privacy Policy.

LINKS. The Company web site may contain links to other sites. Please read each site's privacy policy carefully, since it may differ significantly from this Privacy Policy. The Company is not responsible for the privacy policies, content or practices of other sites.

PERSONAL INFORMATION. The Company does not collect personally identifiable information from you unless you voluntarily provide it to us. The Company may ask you to provide personally identifiable information such as your name, company, and address when:
· you register to receive information from the Company and its affiliates.
· you send questions, comments, or other messages to the Company.
· you request specific information, materials, or warranty service.
· you participate in surveys, promotions, premiums, or contests.
The Company may use your personally identifiable information to:
· register you in programs;
· create and maintain accounts;
· provide you with information related to your account and your purchases;
· respond to your messages, questions and requests;
· better understand your needs and interests;
· improve our products and services; and
· otherwise fulfill the purpose for which you provided the information.
The Company and its licensees and affiliates may also use your personally identifiable information to send you (via regular or electronic mail) special offers and product information that may be of interest to you. You will have an opportunity to unsubscribe to such promotional messages when you provide personal information to us online and when we send promotional messages addressed directly to you.

CHILDREN'S PERSONAL INFORMATION. The Company website is not targeted at children. The Company does not knowingly collect information from individuals under the age of 13. If we determine that we have unintentionally collected personally identifiable information from an individual under the age of 13, we will delete it from our database and will not use or share the information.

DISCLOSURE OF PERSONAL INFORMATION. The personally identifiable information that you provide to the Company will not be sold or shared with others outside of the Company except under the following limited circumstances:
· the information is shared in aggregate, non-personal form (such as a collection of visitor demographic statistics).
· the third party assists the Company in the processing of orders and the delivery of products or services to you.
· the information is shared with a company that is more than 50% owned by the Company, or is licensed to provide the Company branded products and services. We require these companies to use shared information only for the same purposes permitted by the Company under this Privacy Policy.
· you specifically authorize the Company to share your personal information with the third party.
· it is necessary or advisable to verify information that you provide to the Company.
· it is in connection with an audit of the Company.
· The Company believes that it is required to do so by applicable law or regulation, or that it is otherwise necessary or advisable to ensure the safety, health, or life of people or property.
· it is to assist the Company in sending messages regarding products and services that it or a third party offers that may be of interest to you.
· if the Company goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, your personal information will usually be part of the assets transferred. Thirty (30) days advance notice of such a transfer will be posted on the Company Web site, and any transferee will be subject to the terms of this Privacy Policy.

NON-PERSONAL INFORMATION. The Company automatically collects and stores certain non-personally identifiable information about you when you visit its web site. This information may include your number of login attempts, the domain name from which you access the Internet, your browser type, the date and time that you accessed this site, the length of site visits, the Internet address of any website from which you linked directly to this site, and the particular items or pages that you viewed or downloaded during your visit. From time to time, the Company will also ask you to provide other anonymous demographic information, such as your age, gender, and interests.

The Company uses non-personally identifiable information in any way that it determines is useful to it, including to maintain and improve the quality of its products and services and to offer information and promotions.

COOKIES. A "cookie" is a small text file containing a unique identification number that is transferred from a site like the Stormtech web site to the hard drive of your computer so that the site administrator may identify your computer and passively track its activities on the site. If your browser accepts "cookies," the Company may use both persistent and session ID cookies to determine if you are a repeat or new visitor; to understand how many different visitors come to this site; to personalize your information on future visits; to offer you information that is appropriate to your demographics interests, and preferences; to monitor and improve its services to you; and to facilitate your shopping session. You can usually modify your browser to decline cookies at your preference, however, declining cookies may limit your ability to receive the benefit of all of the features of this site.

CHANGE TO USE OF INFORMATION. If any material change is made in the way in which we use the personally identifiable information that you previously provided to us, the Company will notify you of the change and provide you with an opportunity to unsubscribe to having your information used for a different purpose. We will also update this Privacy Policy as changes are made going forward by posting the change on the Company website.

SECURITY. Your personally identifiable information is stored on computer servers in a controlled environment, reasonably protected from unauthorized access, misuse, alteration or disclosure. Although the Company strives to secure your personally identifiable information with the same degree of care that it secures its own confidential information, there can be no assurances that your information will remain confidential. Storage and processing may take place in Canada or in any other country where the Company or its affiliates maintain facilities. By using the Company web site or otherwise providing information to us, you consent to any such transfer of information outside of your country.

NO LIABILITY. As explained in the Terms and Conditions of Use, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES RESULTING FROM YOUR USE OF THIS SITE OR PROVISION OF INFORMATION TO OCEANIC, INCLUDING ANY FAILURE BY OCEANIC OR AN AFFILIATE TO COMPLY WITH THIS PRIVACY POLICY, EVEN IF OCEANIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE ABOVE LIMITATION OR EXCLUSION OF LIABILITY, SO THIS SECTION MAY NOT APPLY TO YOU.