Last updated on June 22, 2017.
USING OUR SERVICE
Who Can Use Our Service. You may use the Service only if you can form a binding contract with Genuine North, and only in compliance with this Agreement and all applicable local, state, provincial, national, and international laws, rules and regulations. If you are between the ages of 13 and 18 and would like to use the Service, you may do so only with the consent of, and under the supervision of, your parent or legal guardian. We reserve the right to request verification of such consent and/or supervision at any time and for any reason. Any other use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Genuine North.
Genuine North Accounts. Your Genuine North account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. If you open a Genuine North account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Genuine North with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
Responsibility For Your Account. You may never use another User’s account without permission. When creating your account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Genuine North immediately of any breach of security or unauthorized use of your account. Genuine North will not be liable for any losses caused by any unauthorized use of your account.
Changes To Our Service. We may, without notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Interaction With Other Users. You are solely responsible for your interactions with other Genuine North Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Genuine North shall have no liability for your interactions with other Users, or for any User’s action or inaction.
FTC DISCLOSURE: Your trust in our unbiased, independent editorial recommendations is one of our largest assets. If we are compensated to promote a brand or product, we identify this type of sponsored content apart from our editorial content with clear statements such as “in partnership with,” “published in collaboration with,” or a similar statement. Our goal is to make sponsored content as useful and relevant as possible, and we ensure that is separated from our standard editorial process. We may receive complimentary products from companies encouraging us to promote their products. In these cases, we only publish content about them if we are truly impressed and only provide our genuine opinion. We may use affiliate links to promote products sold by others. We do sometimes receive compensation for these affiliate links, and they do not compromise our genuine recommendations.
GENUINE NORTH CONTENT DEFINED: “Genuine North Content” includes all materials that are included in, made available on or are otherwise a part of the Service (including past, present and future versions of the Service). For example, our Genuine North Content includes any and all domain names, text, blogs, articles, emails, photos, images, illustrations, videos, application software, technologies, source and object codes, designs, graphics, layouts, artwork and the “look and feel” of the Service.
TRADEMARKS: Genuine North Content also includes Genuine North marks and logos that are trademarks or service marks of ours. All other trademarks, service marks and logos used on or through the Service are the trademarks, service marks or logos of their respective owners. You are not granted any rights to use any trademarks, service marks or logos through your to access the Service.
YOUR CONDUCT: You will not use the Service to: violate any law or encourage or provide instructions to another to do so; upload, post, make available or otherwise transmit any User Content that is unlawful (including, without limitation, User Content that infringes or violates any patent, trademark, trade secret, copyright, right of publicity or other right) or User Content that is confidential, harmful, threatening, harassing, abusive, inflammatory, tortious, defamatory, libelous, vulgar, obscene, pornographic, invasive of another’s privacy or racially, ethnically or otherwise objectionable; misrepresent your identity; upload, post, make available or otherwise transmit that User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of solicitations; upload, post, make available or otherwise transmit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; act in a manner that negatively affects other users’ ability to use the Service; collect or store personal data about anyone; display, transmit, distribute, reproduce, modify, edit, create derivative works from, store, archive, cache, sell or offer for sale the Service, Genuine North Content or any element thereof.
LINKS TO THE SERVICE: We reserve the right to revoke any link to any page of the Service or our social media channels in our sole discretion without notice. We also reserve the right to require that you obtain our prior written consent before you provide any links to any page or social media page of the Service.
THIRD PARTY LINKS: We may provide, or third parties may provide, on or through the Service, links to other websites or resources. You acknowledge and agree that we have no control over these sites and resources, are not responsible for the availability of these external sites or resources, and do not endorse nor are we responsible for or liable for any losses, expenses or damages, to you or your software, hardware or data, arising out of the operations of such external sites or resources. These links sites are for your convenience only, and you access them at your own risk, regardless of whether or not we receive compensation, commission or share of revenues generated by purchases via such links.
PURCHASES FROM GENUINE NORTH
General. Genuine North may offer products for purchase through the Service (“Products”). You must be 18 years of age or older or have the verifiable consent of your parent or legal guardian to purchase any Products from Genuine North. All prices for Products are in US dollars, and are exclusive of any applicable local, state, provincial, or federal taxes. Shipping and handling fees, if any, will be reviewable prior to submitting your order.
Pricing Discrepancies. Genuine North strives for complete accuracy in description and pricing of the products on the site, however, due to the nature of the internet occasional mistakes may occur and cause inaccuracies to appear on the site. Genuine North has the right to cancel and void any purchases that display an inaccurate price. If the displayed price is higher than the actual price you may be refunded the overcharge and the item will ship for the correct price. If the displayed price is less than the actual price, Genuine North will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.
Suggested Retail Prices. Genuine North may display suggested retail prices for goods offered on the website based on pricing information provided by our vendors. We make no promises about the reliability or accuracy of any such information listed on the Service.
Payment. All payments through the Service are processed using a third-party processor. You acknowledge that Genuine North is not liable for any breaches of credit card or debit card security or privacy by such third party processor. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment.
Shipping. Genuine North will ship all Products purchased through the Service to the address specified in the shipping address section of the order form. Shipments will be made by standard ground service unless otherwise specified at the time of purchase. The time period from order to delivery will vary depending on location. We ship only to addresses located within Canada and the United States.
Cancellations. Orders may be cancelled by email to firstname.lastname@example.org only prior to shipment. Once an order has shipped the order can no longer be cancelled.
Product Disclaimers. You acknowledge and agree that Genuine North is not liable for any personal injury, death or property damage arising from any use or misuse of any Products offered through the Service. You further understand that Products may contain materials that could be dangerous if handled improperly. You further acknowledge that Products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any Products. You hereby agree not use Products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.
INDEMNITY: You agree to defend, indemnify and hold harmless Genuine North and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code. The foregoing indemnification provision shall not apply to Genuine North’s own negligence or intentional conduct. Any provision of these Terms that conflict with established precedent in Ontario are void and shall have no application.
NO WARRANTY: YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GENUINE NORTH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, GENUINE NORTH DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
The Service is controlled and offered by Genuine North from its facilities in Canada for use by individuals located in the United States of America and Canada. Genuine North makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
GENERAL ASSIGNMENT: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Genuine North without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
GOVERNING LAW: You agree that: (i) the Service shall be deemed solely based in Ontario; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Genuine North, either specific or general, in jurisdictions other than Ontario. This Agreement shall be governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state court located in Toronto, Ontario or the Ontario Superior Court of Justice, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
ARBITRATION: For any dispute with Genuine North, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Genuine North has not been able to resolve a dispute it has with you after attempting to do so for a period of sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any Genuine North claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Canadian Arbitration Association (“CAA”) in the city of Mississauga, Ontario under the commercial rules then in effect for the CAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Genuine North from seeking injunctive or other equitable relief from the courts as necessary to protect any of Genuine North’s proprietary interests.
CLASS ACTION/JURY TRIAL WAIVER: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GENUINE NORTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
NOTIFICATION PROCEDURES: Genuine North may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Genuine North in our sole discretion. Genuine North reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Genuine North is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
ENTIRE AGREEMENT: This Agreement, together with any amendments and any additional agreements you may enter into with Genuine North in connection with the Service, shall constitute the entire agreement between you and Genuine North concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
NO WAIVER: If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
CONTACT: The Service is offered by Genuine North, located in Mississauga, Ontario, and can be reached via email at g-team@