Terms and Conditions
Changes to the Terms and the Website
We reserve the right to modify these Terms at any time in our sole discretion without notice. You agree that it is your responsibility to check the Website periodically for changes to the Terms. Changes will be effective when posted to our Website. Your continued use of the Website after any such changes are posted constitutes your acceptance of such changes. No change to the Terms other than those we post to the Website is valid unless it is in writing and signed by one of our an authorized signing officers.
We also reserve the right to add, modify, correct, terminate, suspend, discontinue, impose limits or restrict or block your access to the Website at any time in our sole discretion without notice or liability.
Permitted Use and Restrictions
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to use the Website: (a) through manual human interaction, solely for your own informational purposes; or (b) using automated indexing or crawling, solely as permitted by our robots.txt file (https://www.mcgregorsocks.com/robots.txt), and solely for the purpose of providing publicly-accessible search services.
You must not, directly or indirectly:
sell, reproduce, publicly display, perform, distribute, create derivative works, reverse engineer or modify the Website (or any copy thereof) in any way;
use the Website for any public purpose, including without limitation the linking to, framing of, or other direct or indirect use of the Website on any other website;
use the Website for an unlawful purpose or in an unlawful manner, or otherwise violate any law, regulation or the rights of any third party;
use the Website in a manner that could damage, disable, overburden or impair the Website or that could disrupt or interfere with any other person’s use or enjoyment of the Website;
interfere with the security of, or otherwise abuse, the Website or any services, system resources, accounts, servers or networks connected to or accessible through the Website;
except as expressly permitted above, use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Website;
access portions of the Website which you are not permitted to access;
create a website (or portion thereof) on behalf of a competitor, or that gives the impression of being this Website or of otherwise being authorized by us;
file any copyright, trademark or other IP application to attempt to register anything on this Website on behalf of someone other than us or our licensors;
attempt, allow, promote or advise others to engage in, any of the above.
You agree that you are responsible for actions and communications undertaken or transmitted in the course of your usage of the Website.
This Website and all materials used or published on the Website, including all software, data, text, photographs, images, illustrations, designs, layouts, audio, video, and other materials, and all intellectual property and other rights therein and thereto, are and shall continue to be owned exclusively by us or our licensors. You have no rights in or to the Website and you may not use the Website except as expressly permitted under these Terms. Where reproduction is permitted, you must retain all copyright and trademark notices and any other proprietary notices on any reproduction.
All trade names, company names, domain names, trademarks, service marks and other product and service names and logos on the Website, including without limitation MCGREGOR, AMERICAN ESSENTIALS, HAPPY FOOT, HAPPY, WEEKENDER, SUPERSTAR, and FEEL GOOD BY MCGREGOR (collectively, the “Trademarks”) are the proprietary trademarks of their respective owners, are protected by law and may not be copied, imitated or used (including without limitation in HTTP headers, meta tags or other non-visible pages, text or code), in whole or in part, without the prior written consent of their respective owners. The Trademarks may not be used by you in any manner whatsoever except as expressly permitted by these Terms. (In particular, without limitation, any rights in any marks or names shown on this website, except those listed as or associated with “Licensed Brands”, are owned by McGregor Industries Inc. in and for Canada, and are owned in and for other countries outside Canada by McGregor Industries Inc. or its applicable affiliate. They are used by the respective owner and may be used by authorized licensees under licence. Again, these trademarks and trade names include, without limitation, MCGREGOR, AMERICAN ESSENTIALS, HAPPY FOOT, HAPPY, WEEKENDER, SUPERSTAR, and FEEL GOOD BY MCGREGOR.)
You acknowledge and agree that any materials you send to us, whether through our contact form or the email addresses on this Website, or otherwise, including without limitation questions, comments, suggestions, ideas, notes, pictures, diagrams, drawings, or other information (collectively, “Submissions”) are non-confidential.
By sending us Submissions, you agree to transfer exclusive ownership of Submissions, including all intellectual property and other rights in or to Submissions, to us, free and clear of all claims and liens. You represent and warrant that you have sufficient rights to transfer such ownership to us, and waive in our favour any moral or similar rights that you may have in Submissions. Without limiting the generality of the foregoing, we may use, modify, disclose or transmit Submissions in any manner and for any purpose (including commercial purposes) as we determine in our sole discretion, without any compensation, attribution or other obligation or liability to you whatsoever.
Limitation of Liability
You agree that we, our affiliates or our licensors or any of their directors, officers, employees or representatives (collectively, including us, herein the “Representatives”) will not be responsible or liable for any loss or damage whatsoever arising out of or relating to the Website or the use or inability to use the Website, including without limitation any direct, indirect, punitive, exemplary, special or consequential damages, or loss of revenue, profit, savings, goodwill or data, even if any Representative foresees or has been advised of the possibility of any such damages.
The limitations and exclusions of liability and disclaimers in these Terms apply irrespective of the nature of the cause of action, including breach contract, negligence, tort or any other legal or equitable theory, and will survive a failure of the essential purpose of these Terms or of any remedy.
In providing this Website, the Representatives are not in any way rendering any legal or other professional services or advice.
You agree that any use of or reliance on the Website shall be at your sole risk. The Representatives make no representation or warranty of any kind regarding the Website, all of which is provided on an “as is” and “as available” basis. The Representatives expressly disclaim all representations, warranties and conditions, including without limitation any implied warranties or conditions of merchantability, satisfactory or merchantable quality, title, non-infringement, fitness for a particular purpose and those arising by statute, in law or from a course of dealing or use of trade.
You agree to indemnify and hold the Representatives harmless from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from or related to your use of or reliance on the Website, your Submissions or your breach of these Terms.
You agree that all claims, disputes or disagreements between arising from or relating to the Terms, this Website or your use thereof (a “Dispute”) will be settled by private, confidential, final and binding arbitration by a single arbitrator pursuant to the provisions of the Arbitration Act, 1991 (Ontario). The arbitration shall take place in the City of Toronto, Ontario, Canada. Each Dispute will be arbitrated individually and will not be consolidated with any Dispute involving any third party. You agree to waive any right to commence or participate in any class action against the Representatives and to opt out of any class proceedings against the Representatives. We reserve the right to seek injunctive or equitable relief and remedies for infringement of our intellectual property rights through the courts.
The Website is controlled, operated and administered by us from our offices in the Province of Ontario, Canada. The Representatives make no representation or warranty that the Website is appropriate or available for use outside Ontario. If you access the Website from outside Ontario, you are responsible for compliance with all local law. These Terms shall be deemed to have been made and performed exclusively in Ontario and shall be governed by and construed under the laws of Ontario (including Canadian federal laws applicable therein) without giving effect to such its conflict of laws principles. Subject to the Arbitration section above, you hereby submit to the exclusive jurisdiction of the courts situated in Ontario and agree not to bring any action, claim, suit or proceeding against the Representatives in any other jurisdiction.
Waivers and Amendments
No modification, amendment, addition to or waiver of any rights, obligations or defaults that you propose shall be binding on us unless it is in a paper-based writing signed by one of our authorized officers. Our waiver of any right, obligation or default shall be limited to the specific right, obligation or default waived and shall not be construed as a waiver of any subsequent right, obligation or default. No delay or failure in exercising any right by us and no partial or single exercise thereof will be deemed of itself to constitute a waiver of such right or any other rights hereunder.
Wherever possible, each provision of these Terms shall be interpreted in such a manner as to be valid under applicable law, but, if any provision shall be unlawful, void, or for any reason unenforceable, then such provision shall be ineffective to the extent of such prohibition without invalidating the remainder of such provision or the remaining provisions; it shall not affect the validity of any remaining Terms.
These Terms constitute the entire agreement between you and us regarding its subject matter and supersede anything else on the Website and any prior agreements. These Terms may be assigned by us but may not be assigned by you.
The headings are for guidance only; they are not intended to restrict the scope or interpretation of the terms thereunder.