Dollyvardenoc.com and Dolly Varden mobile services (the “Dolly Varden Electronic Platforms”). The Dolly Varden Electronic Platforms are hosted by Dolly Varden Outdoor Clothing and its and affiliates (collectively, “Dolly Varden,” “we,” or “us”).
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Dolly Varden Electronic Platforms following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.
We only sells products to adults, who are the age of majority in their jurisdictions of residence, who can purchase them with a credit card. Dolly Varden reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Dolly Varden believes that user conduct violates applicable law or is harmful to the interests of Dolly Varden or its affiliates.
Dolly Varden Outdoor Clothing is a registered trademark in Canada, the United States, and other countries.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Dolly Varden or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Dolly Varden or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Dolly Varden Electronic Platforms confers on you any license or right under any patent or trademark of Dolly Varden or any third party.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Dolly Varden Electronic Platforms, and the selection, coordination, and arrangement of such content, are owned by Dolly Varden or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, translating, performing, downloading, republishing, posting or transmitting any of the contents of the Dolly Varden Electronic Platforms for any purposes, except for personal use, as described below. Nothing stated or implied on the Dolly Varden Electronic Platforms confers on you any license or right under any copyright of Dolly Varden or any third party.
The Dolly Varden Electronic Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Dolly Varden Electronic Platforms, or use the contents of the Dolly Varden Electronic Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Dolly Varden or its lawful successors and assigns.
License and Access to Dolly Varden Electronic Platforms
Dolly Varden grants you a limited, non-transferable, revocable, non-exclusive license to access and make personal use of the Dolly Varden Electronic Platforms and not to download (other than page caching) or modify it, or any portion of them, except with express written consent of Dolly Varden. This license does not include any resale or commercial use of the Dolly Varden Electronic Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Dolly Varden Electronic Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the Dolly Varden Electronic Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dolly Varden. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dolly Varden and our affiliates without our express written consent. You may not use meta tags or any other hidden text using Dolly Varden’s name or trademarks without the express written consent of Dolly Varden. Any unauthorized use terminates the permission or license granted by Dolly Varden.
You are granted a limited, revocable, non-transferrable and non-exclusive right to create a hyperlink to any page of Dolly Varden so long as the link does not portray Dolly Varden or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Dolly Varden logo or other proprietary graphic or trademark as part of the link without our express written permission.
Third Party and Co-Branded Web Sites
The Dolly Varden Electronic Platforms may contain hyperlinks (“links”) to Web Sites operated by persons or entities other than Dolly Varden (“third-party Web Sites”) or to co-branded Web Sites operated by a third party, including affiliates (“co-branded Web Sites”). We provide such links for your reference and convenience only. A link from Dolly Varden to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from the Dolly Varden Electronic Platforms.
DOLLY VARDEN IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable law in connection with your use of the Dolly Varden Electronic Platforms, and such further limitations as may be set forth in any written or on-screen notice from Dolly Varden. As a condition of your use of the Dolly Varden Electronic Platforms, you warrant that you will not use the Dolly Varden Electronic Platforms for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Dolly Varden Electronic Platforms or any co-branded Web Site will be accurate, complete, and current. You will pay all charges, including delivery fees and customs duties, incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Dolly Varden or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using the Dolly Varden Electronic Platforms, you agree not to violate or attempt to violate the security of the Dolly Varden Electronic Platforms, including, without limitation, actions such as:
Accessing data not intended for you or logging into a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Dolly Varden Electronic Platforms;
Sending unsolicited email, including promotions and/or advertising of products or services, and Forging any TCP/IP packet header or any part of the header information in any email or posting.
Risk of Loss
All products purchased directly or indirectly from the Dolly Varden Electronic Platforms are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Dolly Varden. Title to products purchased on the Dolly Varden Electronic Platforms, as well as the risk of loss for such products, passes to you when Dolly Varden delivers these items to the carrier.
Dolly Varden attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of the Dolly Varden Electronic Platforms are accurate, complete, reliable, current, or error-free. Most Dolly Varden products displayed on the Dolly Varden Electronic Platforms are available in select retail stores in the United States and Canada and other select foreign markets while supplies last. In some cases, merchandise displayed for sale via the Dolly Varden Electronic Platforms may not be available in retail stores. Unless otherwise stated, the prices displayed at the Dolly Varden Electronic Platforms are quoted in U.S. Dollars and are subject to change. Dolly Varden reserves the right to correct, at any time, any pricing errors. Prices may vary by store, and prices in stores may vary from online prices.
We have made every effort to display as accurately as possible the colors of our products that appear on the Dolly Varden Electronic Platforms. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor’s or device’s display of any color will be accurate.
Dolly Varden warranties every product we make. If you are not satisfied with one of our products at the time you receive it, you may return the product to Dolly Varden for repair, replacement, or refund in accordance with Dolly Varden’s warranty policy.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE DOLLY VARDEN ELECTRONIC PLATFORMS ARE PROVIDED BY DOLLY VARDEN ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOLLY VARDEN MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS IMPLIED, OR COLLATERAL AS TO THE OPERATION OF THE DOLLY VARDEN ELECTRONIC PLATFORMS OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE DOLLY VARDEN ELECTRONIC PLATFORMS, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE DOLLY VARDEN ELECTRONIC PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE DOLLY VARDEN ELECTRONIC PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE DOLLY VARDEN ELECTRONIC PLATFORMS WILL BE CORRECTED; OR THAT THE CONTENT ON THE DOLLY VARDEN ELECTRONIC PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE DOLLY VARDEN ELECTRONIC PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DOLLY VARDEN ELECTRONIC PLATFORMS IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOLLY VARDEN DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR OR GENERAL PURPOSE.
IN NO EVENT WILL DOLLY VARDEN, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE DOLLY VARDEN ELECTRONIC PLATFORMS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE DOLLY VARDEN ELECTRONIC PLATFORMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE DOLLY VARDEN ELECTRONIC PLATFORMS OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO DOLLY VARDEN THROUGH THE DOLLY VARDEN ELECTRONIC PLATFORMS; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS
Applicable Law and Disputes
(Not applicable to Quebec consumers)
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of Canada and the province of Alberta, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the province of Alberta. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (Not applicable to Quebec consumers)
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to products you purchase through Dolly Varden shall be submitted to confidential arbitration in Calgary, Alberta, Canada, except that, to the extent you have in any manner violated or threatened to violate Dolly Varden’s intellectual property rights, Dolly Varden may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to exclusive jurisdiction and venue in such courts.
For Quebec consumers: This Agreement and any dispute of any sort that might arise between you and Dolly Varden shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
You agree to defend, indemnify, and hold harmless Dolly Varden and its affiliates, successors and assigns, and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable legal and professional fees and other legal and professional expenses, and judgments of any kind of nature, incurred by Dolly Varden arising out of or relating to your use of the Dolly Varden Electronic Platforms, your violation of this Agreement, or your violation of any rights of another.
Miscellaneous Legal Provisions
We may discontinue the Dolly Varden Electronic Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Dolly Varden Electronic Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the Dolly Varden Electronic Platforms at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dolly Varden as a result of this Agreement or your use of the Dolly Varden Electronic Platforms. Nothing contained in this Agreement is in derogation of Dolly Varden’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Dolly Varden Electronic Platforms or information provided to or gathered by Dolly Varden with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of Dolly Varden to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding the Dolly Varden Electronic Platforms and their content, and supersedes any prior or contemporaneous communications between Dolly Varden and you regarding the Dolly Varden Electronic Platforms and their contents.
All rights not expressly granted herein are hereby reserved.
Considerations for Non-U.S. Customers
Dolly Varden’s headquarters are located in Canada, and the Dolly Varden Services are based in the United States. Please be aware that information you provide to us, or that we obtain as a result of your use of the Dolly Varden Services, may be processed, stored and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Dolly Varden Services, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States. For more information about our policies and practices related to the use of foreign service providers, please contact us by email at email@example.com
EFFECTIVE DATE: Nov 16, 2015