Acceptance of Terms
Welcome to Northern Hot Tub Covers the www.northernhottubcovers.ca website shall be referred to as the "Site". By using the Site you unconditionally agree to the following terms and conditions ( hereinafter, the " Terms of Use"). These Terms of Use are important and affect your legal rights, so please read them carefully. At the sole discretion of Northern Hot Tub Covers , these terms and conditions may be changed, modified, altered or updated without prior notice at any time and you agree to be bound by such modifications.
Payment Terms
Payment is due by credit card. All orders are processed ONLY upon receipt of full payment. Full payment must be made in full before any or all items are shipped. Once a order is placed by credit card, the credit card is verified and charged at time of order. Should the credit card be declined, so will the order. Should a payment and/or order be deemed fraudulent by our fraud filters, or deemed to have a high likelihood of being fraudulent, Northern Hot Tub Covers reserves the right to cancel and refund that payment and/or order at anytime.
Registration & User Accounts
You do not have to register to enjoy the "Site" although in order to access and use certain areas or features of the "Site", you may need to provide certain information and/or answer certain questions. You agree to provide accurate, current and complete information and represent that you are 18 years of age or older. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate any and all current or future use of the "Site".
Limited License to Access and Use the Site
Northern Hot Tub Covers grants you a limited license to access and make personal use of the "Site". You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the content. You will not reproduce, modify, adapt, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the content on the site. This license does not include any resale or commercial use of this site or its contents, any collection and use of product listings, descriptions, prices, or any downloading or copying of account information for the benefit of another merchant.
Intellectual Property
All "Site" design, materials, text, graphics, photos, videos, interfaces, logos, images, digital downloads and software are owned and is the property of Northern Hot Tub Covers. All content is the exclusive property of Northern Hot Tub Covers and is protected by Canadian and International copyright laws. The Northern Hot Tub Covers name and logo are trademarked and can not be used with express written permission. All other trademarks appearing on the "Site" are the property of their respective owners and are used for reference only. Northern Hot Tub Covers also respects the copyrights of others. If you believe that your work has been infringed upon by the "Site" please contact us by registered mail with your description and location of the infringed copyrighted work, your address, telephone number and e-mail address. A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the owners behalf. Please also sign with electronic or physical signature.
Submissions
Visitors may post comments, reviews, questions or submit suggestions (referred to herein as “Comments”) so long as the content is not illegal, obscene, threatening, defamatory, objectionable, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment or other content. Northern Hot Tub Covers regularly reviews Comments and reserves the right (but not the obligation) to remove or edit such content.
Your submission of any such Comments grants Northern Hot tub Covers and the "Site" and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You grant Northern Hot Tub Covers and the "Site" and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that you own or otherwise control all of the rights to the Comments that you post; that the content is accurate; that the use of the Comment you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Northern Hot Tub Covers or its affiliates for all claims resulting from Comments you supply. Northern Hot Tub Covers will not be held responsible or assume any liability for any content posted by you or any third party.
In many instances, Comments available through the Site represent the opinions or judgments of the respective information provider or user. It is your responsibility to evaluate the accuracy, completeness or usefulness of any Comments providing information, opinion, advice or other content available through the website, whether published by a third party or the Site. You are required to seek the advice of professionals, as appropriate, regarding the evaluation of any product, specific information, opinion, advice, or other content.
Disclaimer of Warranties
ALL OF THE INFORMATION, OPINIONS, AND DATA ON THE CANADAHOTTUBPARTS.CA WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, SECURITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
WE ALSO MAKE NO WARRANTY THAT NORTHERNHOTTUBCOVERS.COM WILL MEET YOUR REQUIREMENTS NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE NORTHERN HOT TUB COVERS WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM THE NORTHERN HOT TUB COVERS WEBSITE OR THROUGH NORTHERNHOTTUBCOVERS.CA SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT NORTHERNHOTTUBCOVERS.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER NORTHERNHOTTUBCOVERS.COM NOR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, ACCOUNTANTS, CONSULTANTS, ADVISORS, AND PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF THE INFORMATION CONTAINED WITHIN THE CANADA HOT TUB PARTS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER NORTHERNHOTTUBCOVERS.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
Indemnity
You agree to defend, indemnify, and hold harmless Northern Hot Tub Covers, its affiliates, and their respective officers, directors, employees, agents, attorneys, accountants, consultants, advisors, and partners from and against any claims, actions or demands made by any third party due due to use of the Site.
Limitation of Liability
OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE CANADA HOT TUB PARTS WEBSITE, OR CONTENT THEREIN IS LIMITED TO ONE HUNDRED DOLLARS CANADIAN($100.00). NEITHER NORTHERN HOT TUB COVERS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, ATTORNEYS, ACCOUNTANTS, CONSULTANTS, AND ADVISORS AND ITS PUBLISHERS OR CONTENT PROVIDERS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CANADA HOT TUB PARTS WEBSITE OR CONTENT THEREOF SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE CANADA HOT TUB PARTS AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you.
Interpretation
These Terms and Conditions shall be interpreted under and governed by the federal laws of Canada, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these Terms and Conditions.
Severability
If any provision of these terms and conditions is held to be illegal, invalid or unenforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired. The terms and conditions stated herein are declared to be severable.
Parts/Service
All electrical and plumbing parts sold on "Site" are intended for professional installation, licensed contractor, qualified hot tub, or pool technician. It is your sole responsibility to ensure the compatibility and suitability of item/items that you are purchasing are correct for your application. Hot Tub equipment is intended to be professionally installed and serviced. Improper use or installation of said item/items could result in injury, fire, catastrophic injury, or death. Northern Hot Tub Covers. assumes no liability for any incidental, indirect, or consequential damages or losses resulting from the use of any products purchased on the Site. You must obtain all permits as required by your provincial authorities and have them installed by a qualified professional.
Hot Tub Cover Orders
All hot tub covers are custom made and not a stock item. Hot Tub Covers once ordered can only be cancelled within 48 hours of order receipt for a full refund. If the order is cancelled after 48 hours then there is a $50 service fee that will be charged.
General Provisions
You are responsible for complying with applicable local laws, keeping in mind that access to Northern Hot tub Covers website or its content may not be legal by certain persons or in certain countries.
If any part of these Conditions of Use are held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Conditions of Use are between you and Northern Hot Tub Covers and may not be transferred, assigned or delegated to anyone without our express written permission. Any attempt to assign, transfer or delegate these Conditions of Use without our express written permission shall be null and void.
By visiting Pool and Northern Hot Tub Covers website, you agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Northern Hot Tub Covers
Any dispute you may have with respect to Northern Hot tub Covers must be commenced within Six(6) Months after it arises, or the cause of action is barred.
Northern Hot Tub Covers and website, www.northernhottubcovers.com, is owned and operated by Northern Hot Tub Covers, an Ontario Registered Corporation, with it's Mailing Address at:
1169 Dollard Ave, Unit 1,
Sudbury, Ontario, Canada
P3A 4G7
