TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site is subject to the following terms of use and other applicable laws. If you do not agree to these terms of use, please do not use this site. 

Welcome to RACKsteel Inc., the website and online services (“RACKsteel”, “us”, or “we”). This page explains the terms by which you may use our online services and website. By accessing or using our website, you agree to be bound by these Terms of Use and to the collection and use of your information as set forth in the RACKsteel Privacy Policy, whether or not you have created a registered online account. This agreement applies to all visitors and account holders who access our website.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canada and other copyright laws, and is the property of RACKsteel. The collective work includes works that are licensed to RACKsteel. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with RACKsteel or purchasing RACKsteel products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with RACKsteel or to purchase RACKsteel products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by RACKsteel. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, RACKsteel, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. RACKsteel does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. RACKsteel does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Typographical and Pricing Errors
In the event that a RACKsteel product is mistakenly listed at an incorrect price, RACKsteel reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. RACKsteel reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, RACKsteel shall issue a credit to your credit card account in the amount of the incorrect price.

Term and Termination
These terms of use are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms of use, or any part of them, may be terminated by RACKsteel without notice at any time, for any reason. The provisions relating to Copyright, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous shall survive any termination.

Use of Website
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a RACKsteel or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Indemnification
You agree to indemnify, defend, and hold harmless RACKsteel, its affiliated, related, and subsidiary companies, and each of its and their respective officers, directors, shareholders, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from:

(i) your use of and access to the RACKsteel website, including any data or content transmitted or received by you;

(ii) your violation of any term of this agreement, including without limitation your breach of any of the representations and
warranties above;

(iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; or (v) or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Limitation of Liability

To the maximum extent permitted by applicable law, RACKsteel assumes no liability or responsibility for any

(i) errors, mistakes, or inaccuracies of content;

(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service;

(iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; 

(iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, or the like that may be transmitted to or through our service by any third party; and/or 

(vi) any errors or omissions in any content posted, emailed, transmitted, or otherwise made available through the service. In no event shall RACKsteel, its affiliated, related, and subsidiary companies, and each of its and their respective officers, directors, shareholders, employees, agents, licensors and suppliers be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to RACKsteel hereunder or $100.00, whichever is greater. No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if RACKsteel has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Third Party Links
In an attempt to provide increased value to our visitors, RACKsteel may link to sites operated by third parties. However, even if the third party is affiliated with RACKsteel, RACKsteel has no control over these linked sites, all of which have separate privacy and data collection practices, independent of RACKsteel. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, RACKsteel seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Notice
RACKsteel may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to RACKsteel.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the Province of British Columbia and under the federal laws of Canada. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of RACKsteel products) shall be in the provincial courts located in the City of New Westminster in the Province of British Columbia.

This agreement shall constitute the entire agreement between you and RACKsteel concerning the use of our website and is be governed by and construed in accordance with the laws of the province and the federal laws of Canada applicable therein. The parties hereby agree and attorn to the exclusive jurisdiction of the courts of such province, unless prohibited by law. 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 of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term, and RACKsteel’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision. Please contact us at admin@racksteel.ca with any questions regarding this agreement.

RACKsteel reserves the right to modify our terms and use at any time. By using our website, you agree to all of our Terms of Use.