Conditions of Use
Please read these Terms and Conditions of Use carefully before using this website. Your use of this web site confirms your unconditional acceptance of the following terms and conditions. If you do not accept these terms and conditions, do not use this website.
- Conditions to access. Welcome on the www.b45baseball.com web site (the “Web Site”). The Web Site and its contents are the exclusive ownership of B45 inc. (“B45” or “We”), a corporation constituted under the laws of the Province of Quebec, Canada.
- Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. B45 makes all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. Product shown on models in the lifestyle images presented on the Web Site may not be available.
- Use of products. It is your responsibility to ascertain and obey all applicable local, provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any product purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Any video and similar products sold are solely for private, non-commercial, home use (where no admission fee is charged), and non-public performance and may not be duplicated.
- Accuracy of Information.We strive to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. In addition, errors are possible and B45 will endeavour so that these errors be identified, brought to your attention and corrected in the best delays, by a notice on this Web Site or in store. We make no representation as to the completeness, accuracy or contemporaneousness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we reserve the right to make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. B45 also reserves the right to cancel an order, to terminate it or not to handle it (including an accepted order) if the price of the product or any other important information on the Web Site related to this product is inaccurate or if we identify or suspect an anomaly or an irregularity, of any nature whatsoever, in relation to the order you passed or the payment mode you chose. In such a case, we will inform you that the order has been cancelled and will reimburse to you any amount already paid. B45 reserves the right to denounce or pursue legal remedies against any person placing or attempting to place an order in an illegitimate or fraudulent manner, including by using a third party’s identity.
- Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the transactional platform of this Web Site. All purchases from this Web Site are made followed by a shipping agreement, for which you give us a mandate to enter on your behalf with a carrier.
- Use of this Web Site. The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by applicable laws governing copyrights and trademarks and may not be used except as permitted in these Terms and Conditions of Use or with prior written permission of the owner of such material. The software, content and other technology components of this Web Site are proprietary to B45, or its affiliates and suppliers. All rights reserved. B45 also owns a copyright in this Web Site as a compilation. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
- Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks belonging to B45 or its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks belonging respective owners who authorized B45 to use them on this Web Site. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of B45, its affiliates, suppliers, or such other owner.
- Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without B45’s prior written authorization is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without B45’s prior written authorization is prohibited. Any authorized links to this Web Site must comply will all applicable laws, rules and regulations.
- Hyperlinks. Please use the hyperlinks that are provided on this Web Site, by accessing them and taking cognizance of the information contained therein. These hyperlinks are providing information on the items offered and their characteristics, as well as on some restrictions or conditions applicable to the purchases you make.
- Third Party Links. From time to time, this Web Site may contain hyperlinks to Web sites that are not owned, operated or controlled by B45 or their respective affiliates. All such hyperlinks are provided solely as a convenience to you and as informative references only. If you use these hyperlinks, you will leave this Web Site. Neither B45, nor any of our respective affiliates, are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we, nor any of our respective affiliates, endorse, guarantee, or make any representations regarding the safety of any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.
- Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
- Account Name and Password. You are required to have an account name and password for certain activities on this Web Site. We may cancel or suspend at any time your account name and password at our discretion without notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of any person using the account name and password to access and use this Web Site. We may at any time require proof of the identity of any person seeking to access and use this Web Site, and may deny access if we are not are not satisfied with such proof. You are fully responsible and liable for the security of your account name and password and any/all use and misuse. You agree to notify us immediately of any unauthorized use of your account. B45 does not assume any responsibility, or will be liable, for any damages arising from or related to a non-authorized use of your account or your failure to keep your password secure.
- Contests. All contests are governed by the present Terms and Conditions, the applicable Contest Rules as well as applicable legislation. By participating in a contest through this Web Site, you signify your agreement and acceptance of the present Terms and Conditions, the applicable Contest Rules as well as applicable legislation.
- Disclaimers. As a user of this web site, you are aware that its use may cause certain risks of contraction of computer virus by your computer or its peripheral devices. B45 does not bear any liability of any nature whatsoever and in any way whatsoever for any virus, damage or loss resulting of the existence or any such contraction of a computer virus. Your use of this web site is at your risk. Neither b45 nor any of its affiliates assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this web site, or your download of any information or materials from this web site. In no event will b45 or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, for any reason whatsoever, including an act of god, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained on any or all such web sites. In the event of any problem with this web site or any content, you agree that your sole remedy is to cease using this web site. The information, materials and services provided on or through this web site may be out of date, and neither b45 nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or services.
- Warranties. To the exception of (a) the warranties described in the relevant section of this web site (if and when applicable) and their terms and conditions, and (b) the warranties stated by law, b45 does not make any representation of any nature whatsoever, expressly or implicitly, in relation to a particular use for which a product could be used to the fullest extent permissible by applicable legislation, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Without limiting the generality of the foregoing, b45 hereby expressly disclaims all liability for claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.
- Indemnification. You agree to defend, indemnify and forever hold B45, its directors, officers, employees, contractors, partners, affiliates and related companies harmless from any claims, suits, demands, liabilities, costs and expenses, including reasonable legal fees on a solicitor and client basis, related to or arising out of any violation of these Terms and Conditions by you, or in connection with your use of the Content or the Web Site, or with the transmission of any message or information by you to B45.
- Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site. Your continued use of this Web Site following either form of notice will signify your acceptance of the revised terms of the present Terms and Conditions.
- Applicable Law. The present Terms and Conditions, your use of this Web Site, and all related matters are governed solely by the laws of Province of Quebec, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. You agree that the courts of Quebec in the judicial district of the City of Quebec, Province of Quebec, Canada shall have exclusive jurisdiction in any matter relating to these Terms and Conditions, this Web Site, its use or the purchase of B45 Products through this Web Site, irrespective of whether the alleged cause of action occurs in or outside of Quebec.
- Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
- Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us.
By email: firstname.lastname@example.org
By phone: 1-888-669-0145
By mail: B45 Inc., 2200, Léon-Harmel, unit 4, Quebec City, Quebec, Canada G1N 4L2