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TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

Your use of rockshopvancouver.com is expressly conditioned on your acceptance without modification of the following terms and conditions (the “Terms and Conditions”). By using rockshopvancouver.com, you signify your acceptance of these Terms and Conditions.

Vancouver Rock Shop may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the rockshopvancouver.com web site. Your continued use of the rockshopvancouver.com web site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.

Ownership

The rockshopvancouver.com web site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of Vancouver Rock Shop, and/or its various subsidiaries, affiliates, Vancouver Rock Shop Associate Dealers, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on rockshopvancouver.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Vancouver Rock Shop and/or the applicable Third Parties.

Vancouver Rock Shop, rockshopvancouver.com, and all other Vancouver Rock Shop related trademarks and design marks displayed on rockshopvancouver.com (collectively, the “Trademarks”) are registered and common law trademarks of Vancouver Rock Shop. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. The trademarks of MasterCard International Incorporated are used under license. Nothing contained on rockshopvancouver.com should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Vancouver Rock Shop or such other party that may own the applicable trademarks.

Use of Site

Neither the rockshopvancouver.com web site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Vancouver Rock Shop, except that you may download, display and print the content presented on rockshopvancouver.com for your personal, non-commercial use only. Unauthorized use of rockshopvancouver.com and/or the content contained on rockshopvancouver.com may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited.

You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.

The rockshopvancouver.com website is not intended for use by children under the age of 13. Use of the rockshopvancouver.com website is void where prohibited by applicable law.

In its sole discretion, in addition to any other rights or remedies available to Vancouver Rock Shop and without any liability whatsoever, Vancouver Rock Shop at any time and without notice may terminate or restrict your access to any component of rockshopvancouver.com.

User Name and Password

Your rockshopvancouver.com website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Vancouver Rock Shop representative. Vancouver Rock Shop recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

All login names and passwords remain the property of Vancouver Rock Shop, and may be cancelled or suspended at any time by Vancouver Rock Shop without any notice or liability to you or any other person. Vancouver Rock Shop is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify Vancouver Rock Shop of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

Consumer Generated Content Guidelines

Rockshopvancouver.com is a public site; therefore, we ask that you follow some basic rules. We moderate all reviews before posting them and reserve the right to deny any review at our absolute discretion. Your review should describe your experience using the product and include details about what you liked or disliked.

Here are some examples of the type of content that can cause a review to be denied:

• Offensive, abusive or prejudicial language

• Reviews that are not relevant to the product being reviewed

• Reviews that exceed 100 words

• Reviews that contain a price reference

• Reviews that attempt to solicit responses from others (creating a forum)

• Reviews that contain content about competitors

• Mentions of personally identifiable information

• Customer service issues, shipping issues, return policies or safety concerns. If you have concerns about the safety of a product, please contact us directly with the information provided below. Do not submit this feedback through a product review.

Customer Relations:

English: 604-685-8821

We reserve the right not to publish your review should these Guidelines or Terms and Conditions be violated, or for any other reasons in our entire discretion. It is not possible for you to edit/remove your review after submission. However, if you wish to have your review removed, you can contact our Customer Relations team at EN: 604-685-8821

If approved, your review will appear in its entirety. We will not edit any content.

Pricing Policy

Vancouver Rock Shop has attempted to match online prices to those in store; however online prices, product and service selection and availability, and sale effective dates may differ from those in store and may vary by geographic region. Due to differences in sale effective dates across the country, items may be available online at the sale price before they are available in store. Dealers are under no obligation to make promotional products available, or to match online prices until the sale begins in their region. Market conditions and competitive pressures may cause prices and availability to change without further notice. Vancouver Rock Shop Associate Dealers may sell for less. Additionally, although great care is taken in the production of the rockshopvancouver.com web site, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time.

All prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include GST, PST, QST or HST.

For Gift Card purchases, prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include shipping charges. Please see Vancouver Rock Shop’s Shipping Policy for shipping and handling of Gift Card purchases.

All advertisements on the rockshopvancouver.com website are merely invitations for you to purchase goods or services from a Vancouver Rock Shop Associate Store, and are not offers to sell by Vancouver Rock Shop.

Vancouver Rock Shop reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Vancouver Rock Shop believes that customer conduct violates applicable law or is harmful to the interests of Vancouver Rock Shop or any Third Parties.

All sizes quoted are approximate. Some items shown may require assembly.

Liability Disclaimer

*Some items may not be exactly as shown on the website due to changes and variations introduced by the manufacturer.

Except as explicitly provided in these Terms and Conditions as amended from time to time, Vancouver Rock Shop and the Third Parties make no representations or warranties of any kind, express or implied, regarding rockshopvancouver.com and/or any content provided on rockshopvancouver.com, all of which are provided on an “as is” and “as available” basis. Vancouver Rock Shop and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of rockshopvancouver.com, or any of the content or data found on rockshopvancouver.com, and expressly disclaim all warranties and conditions in respect of rockshopvancouver.com, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

Vancouver Rock Shop and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

Vancouver Rock Shop and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on rockshopvancouver.com or your downloading of any materials, data, text, images, video or audio from rockshopvancouver.com.

In no event shall Vancouver Rock Shop or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of rockshopvancouver.com or content found herein, the operation of the web site, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of rockshopvancouver.com for purchases) even if advised of the possibility of damages.

You are subject to the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy), located at https://www.google.com/intl/en-US_US/help/terms_maps.html, and https://www.google.com/intl/ALL/policies/privacy/index.html, respectively.

Maximum Liability

If, notwithstanding the foregoing, Vancouver Rock Shop or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of rockshopvancouver.com or its content, the liability of Vancouver Rock Shop and the Third Parties shall in no event exceed in the aggregate $100 CAD.

Indemnification

You shall indemnify and save harmless Vancouver Rock Shop and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of rockshopvancouver.com.

Links

The rockshopvancouver.com web site contains links to web sites owned or operated by other entities which are not associated or affiliated with Vancouver Rock Shop or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Vancouver Rock Shop or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. Vancouver Rock Shop and the Third Parties shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk. Framing of the rockshopvancouver.com web site or any of its content in any form and by any method is strictly prohibited.

Relationships

The relationship between Vancouver Rock Shop and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of rockshopvancouver.com.

Governing Laws

This Agreement and its performance shall be governed by the laws of the Province of British Columbia, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouver, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of rockshopvancouver.com and these Terms and Conditions.

Additional Terms

Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on rockshopvancouver.com.

Severability

These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Vancouver Rock Shop as set forth above.

English Language

The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English.

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(604) 685-9228 - 1076 Granville Street, Vancouver, BC WEBSITE: SWAGDESIGNFACTORY.COM