eForezt.com Terms and Conditions

eForezt.com Terms and Conditions

Last updated: June 01, 2020

Welcome to eForezt.com (the “eForezt.com site”). eForezt.com, Inc., and/or its affiliates (“eForezt.com”) provide website features and other products and services to you when you visit or shop at the eForezt.com site, use eForezt.com products or services, use eForezt.com applications for mobile, or use software provided by eForezt.com in connection with any of the foregoing (collectively, “eForezt.com Services”). eForezt.com provides the eForezt.com Services subject to the following conditions.

By using eForezt.com Services, you agree to these conditions. Please read them carefully.

We offer a wide range of eForezt.com Services, and sometimes additional terms may apply. When you use an eForezt.com Service, you also will be subject to the guidelines, terms and agreements applicable to that eForezt.com Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

Privacy

Please review our privacy notice, which also governs your use of the eForezt.com Services, to understand our practices.

Electronic Communications

When you use any eForezt.com Service, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the eForezt.com site or through other eForezt.com Services. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any eForezt.com Service–such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software–is the property of eForezt.com or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any eForezt.com Service is the exclusive property of eForezt.com and protected by Canadian and international copyright laws.

Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any eForezt.com Service are trademarks or trade dress of eForezt.com, Inc., or its affiliates, in Canada and other countries. eForezt.com, Inc.’s trademarks and trade dress may not be used in connection with any product or service that is not eForezt.com, Inc.’s or its affiliates’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits eForezt.com, Inc. or its affiliates. All other trademarks not owned by eForezt.com, Inc. or its affiliates that appear in any eForezt.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by eForezt.com or its affiliates.

Licence and Access

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, eForezt.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the eForezt.com Services. This licence does not include any resale or commercial use of any eForezt.com Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any eForezt.com Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by eForezt.com or its licensors, suppliers, publishers, rightsholders, or other content providers. No eForezt.com Service, nor any part of any eForezt.com Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of eForezt.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of eForezt.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing eForezt.com’s name or trademarks without the express written consent of eForezt.com. You may not misuse the eForezt.com Services. You may use the eForezt.com Services only as permitted by law. The licenses granted by eForezt.com terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account

You may need your own eForezt account to use certain eForezt.com Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. eForezt.com does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under the age of majority in your province of residence, you may use the eForezt.com Services only with involvement of a parent or guardian. eForezt.com reserves the right to refuse service, terminate accounts, terminate your rights to use eForezt.com Services, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. eForezt.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant eForezt.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media for all purposes, including in advertising and promotions. You grant eForezt.com and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify eForezt.com for all claims resulting from content you supply. eForezt.com has the right but not the obligation to monitor and edit or remove any activity or content. eForezt.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss

Risk of loss and title for items purchased from eForezt.com pass to you upon our vendors’ delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.

Returns and Refunds

At our discretion, a refund may be issued with or without the requirement of a return depending on the situation. For more information about our returns and refunds, please see our Returns and Refunds Policy

Product Descriptions

eForezt.com attempts to be as accurate as possible. However, eForezt.com does not warrant that product descriptions or other content of any eForezt.com Service is accurate, complete, reliable, current, or error-free. If a product offered by eForezt.com itself is not as described, your sole remedy is to return it in unused condition.

Pricing

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on the eForezt.com site and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on the eForezt.com site.

With respect to items sold by eForezt.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

Other Businesses

Parties other than eForezt.com operate stores, provide services or software, or sell product lines through the eForezt.com Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from eForezt. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. eForezt.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Disclaimer of Warranties and Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE EFOREZT.COM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EFOREZT SERVICES ARE PROVIDED BY EFOREZT.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EFOREZT.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE EFOREZT.COM SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EFOREZT.COM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE EFOREZT.COM SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EFOREZT.COM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. EFOREZT.COM DOES NOT WARRANT THAT THE EFOREZT.COM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EFOREZT.COM SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM EFOREZT.COM SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EFOREZT.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY EFOREZT.COM SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY EFOREZT.COM SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Site Policies, Modification, and Severability

Please review our other policies posted on the eForezt.com site. These policies also govern your use of eForezt.com Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. 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.

Additional eForezt Software Terms

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with eForezt.com Services (the “eForezt Software”).

  1. Use of the eForezt Software. You may use eForezt Software solely for purposes of enabling you to use and enjoy the eForezt.com Services as provided by eForezt.com, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the eForezt Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the eForezt Software or otherwise assign any rights to the eForezt Software in whole or in part. You may not use the eForezt Software for any illegal purpose. We may cease providing any eForezt Software and we may terminate your right to use any eForezt Software at any time. Your rights to use the eForezt Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third-party terms contained within or distributed with certain eForezt Software that are specifically identified in related documentation may apply to that eForezt Software (or software incorporated with the eForezt Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any eForezt Service is the property of eForezt.com or its software suppliers and protected by Canadian and international copyright laws.
  2. Use of Third Party Services. When you use the eForezt Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the eForezt Software, whether in whole or in part, or create any derivative works from or of the eForezt Software.
  4. Updates. In order to keep the eForezt Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
  5. Export Regulations. You must comply with all export and re-export restrictions and regulations of the U.S. Department of Commerce, Foreign Affairs and International Trade Canada, and other U.S. and Canadian agencies and authorities that may apply to the eForezt Software.

Notice and Procedure for Making Claims of Intellectual Property Infringement

If you believe that your intellectual property rights are being infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

Copyright Agent
eForezt.com Legal Department
E-mail: copyright@eforezt.com

Written e-mail claims concerning copyright infringement must include the following information:

  • An electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.