Last updated: March 28, 2017
Welcome to www.weber.com (the “Site”). Weber-Stephen Canada Company and its affiliates (collectively “Weber”), provides website features and other services when you visit or shop at the Site or use Weber mobile applications, engage with Weber social media accounts, participate in Weber promotions or opt-in to receive e-mails from Weber (collectively “Weber Media”). Your use of the Site and the Weber Media is subject to this Legal Notice and the following Terms and Conditions and all applicable law.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By accessing and browsing the Site and/or using Weber Media, you accept without limitation or qualification (except as otherwise provided) all of the Terms and Conditions. No customer service representative is authorized to modify or amend this Legal Notice including the Terms and Conditions. If you purchase a WEBER product online using the Site, this Legal Notice including the Terms and Conditions do not affect any rights you have under applicable law as to products you purchase, applicable laws addressing product liability, or any rights you may have pursuant to Weber’s warranties, shipping or return policies which apply to products you purchase. Please see the supplemental terms and conditions (such as the shipping and return policies) that apply to purchases of WEBER products on this Site which will be disclosed at time of purchase and in the event of any conflict will prevail over these Terms and Conditions.
You may access this Legal Notice page by clicking on the “Legal Notice” link at the bottom of any page of the Site.
This Site is directed to visitors from Canada only, and the Site is not directed to children under the age of 13. As a result, the Site does not request or knowingly collect personal data from individuals under the age of 13. If you are not 13 or older, you should not use or visit the Site or use Weber Media. If Weber learns that personally identifiable information of persons under the age of 13 has been collected on the Site without verified parental consent, Weber will take appropriate steps to delete the information.
Weber reserves the right to refuse service, terminate accounts, remove or edit content in its sole and absolute discretion.
TERMS AND CONDITIONS
1. Weber may at any time revise, modify or amend all, or any portion of these Terms and Conditions by updating this Legal Notice. You are bound by such revisions, modifications and amendments and should therefore periodically visit the Legal Notice link to review these Terms and Conditions. We will provide notice of any material changes to the Terms and Conditions on the Site. Your use of the Site after such notice indicates your agreement to the terms of any such changes. If any of the Terms and Conditions shall be deemed void or unenforceable, that Term or Condition shall be deemed severable and shall not affect the validity or enforceability of any remaining Term or Condition.
2. The Site and the Weber Media consists of various graphics, texts, icons and buttons that have been provided by Weber and/or other entities under our direction. All such content is owned by Weber and/or the applicable third party entity. For greater certainty, Weber and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Site and Weber Media, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Site Content”). You acknowledge that everything you see or read on the Site or in Weber Media (including the Site Content, and save for User Generated Content as defined hereafter) is subject to a copyright or other intellectual property right owned by Weber and may not be used except as provided in these Terms and Conditions or in the text of the Site or Weber Media without the prior written permission of Weber. Your use of the Site and/or Weber Media does not grant or transfer to you any ownership or other rights in the Site Content, and except as expressly provided, nothing herein or within the Site or Weber Media shall be construed as conferring on you or any other person any license under any of Weber or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Site Content in any manner whatsoever. Any rights not expressly granted to you in these Terms and Conditions are expressly reserved. For greater certainty, you agree that you will not take any action that is inconsistent with Weber ownership of the Site, Weber Media, and/or Weber ownership of, or any third party’s ownership of, any Site Content. You are only allowed you to use, view, download or print materials from this Site and Weber Media for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited permission does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish, in any form, any content contained within this Site.
3. Weber makes no representations or warranties with regard to materials displayed on the Site or Weber Media that is owned by third parties and not owned or affiliated with Weber.
4. Weber makes no representations that any files, material or information you download from the Site or Weber Media will be free of viruses or contamination or destructive features. Users should and are expected to maintain their own antivirus protection software and take appropriate cyber security measures while browsing or otherwise using the Site or Weber Media.
6. You may download material displayed on the Site or Weber Media for non-commercial, personal use only provided you also retain the copyright or other proprietary notices (such as watermarks) contained on the materials. You may not distribute, modify, transmit, reuse, report or use the contents of the Site or Weber Media including the text, images, audio and video for public or commercial purposes without Weber’s prior written permission.
7. TO THE FULLEST EXTENT PERMITTED BY LAW, WEBER DISCLAIMS ANY AND ALL WARRANTIES AS TO THE SITE AND WEBER MEDIA AND THEIR CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF ACCURACY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE. THE SITE AND WEBER MEDIA IS PROVIDED BY WEBER ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WEBER MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
COMMENTS OR OPINIONS EXPRESSED ON THE SITE ARE THOSE OF THE RESPECTIVE SITE USERS ONLY. THE VIEWS EXPRESSED ON THE SITE AND IN ANY USER GENERATED CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF WEBER. WEBER IS NOT RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY IN RELATION TO, THE USER GENERATED CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SITE.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
WEBER WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT WEBER HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND WEBER. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
Please note that because some jurisdictions may not allow the exclusion of implied warranties, some of all the disclaimers in the Terms and Conditions may not apply to you. Check local laws for any restrictions or limitations regarding the exclusion of implied warranties or additional rights that may be available to you.
8. WEBER WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR WEBER MEDIA INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNATIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
9. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND FOR USERS WHO ARE NOT AN INDIVIDUAL RESIDENT IN THE PROVINCE OF QUEBEC, ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE OR WEBER MEDIA WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS OWNED BY WEBER. IN THE EVENT OF A DISPUTE, YOU MUST SEND TO WEBER A NOTICE OF DISPUTE ALONG WITH A WRITTEN DESCRIPTION OF THE NATURE OF THE DISPUTE AND THE RELIEF SOUGHT. THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES, INCLUDING THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES. THE AAA RULES ARE AVAILABLE AT www.aaa.org OR BY CALLING 1-800-779-7979. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S RULES. ARBITRATION MAY BE CONDUCTED IN PERSON OR BY PHONE ALONG WITH THE SUBMISSION OF DOCUMENTS. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
10. Unless caused by Weber’s negligent or reckless conduct or intentional misconduct, you and Weber agree that Weber shall not be liable (whether in contract, tort or any cause of action) for any damages or injuries arising out of or related to your use of the Site or Weber Media, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of your computer, data or information.
11. Any communication or material you transmit to the Site or Weber Media by electronic mail or otherwise, including any data, questions, comments, suggestions, reviews, videos, pictures or the like (“User Generated Content”) is and will be treated as non-confidential and non-proprietary. Any User Generated Content you transmit or post may be used, without compensation, by Weber or its affiliates for any purpose, and you hereby grant to Weber and its affiliates a non-exclusive, sub-licensable, irrevocable, transferable, perpetual, worldwide, royalty free license under all intellectual property laws to use, reproduce, disclose, transmit, publish, broadcast, edit, and post such User Generated Content. Further, you waive all moral rights in and to all User Generated Content that you post on, upload or otherwise submit to or through, the Site or Weber Media in favour of Weber, and those acting with its permission. You understand and agree that Weber is free to use, without compensation to you, any ideas, concepts, know-how or techniques contained in any User Generated Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products. If you do not agree to the foregoing then you should not transmit or post any such User Generated Content.
12. Images of people or places displayed on the Site or Weber Media are either the property of, or used with permission by, Weber. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided by Weber. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
14. You represent and warrant that any User Generated Content you provide is original to you and that you have obtained all necessary rights in and to the User Generated Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Site or Weber Media; that it does not violate any law; and that it fully complies with these Terms and Conditions. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
15. Weber will fully cooperate with any law enforcement authorities or court order requesting or directing Weber to disclose the identity of anyone posting any such information or materials. Although Weber may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Weber assumes no obligations to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site or Weber Media. Weber reserves the right to take down any content, including without limitation any Site Content, and any User Generated Content, posted on the Site or Weber Media for any reason, and at any time in its sole and absolute discretion.
16. For users who are not an individual resident in the province of Quebec, by accessing the Site or using Weber Media, you agree that the U.S. Federal Arbitration Act and the laws of the State of Illinois without regard to its conflicts of laws, will govern the Legal Notice including the Terms and Conditions and any dispute which may arise between you and Weber.
17. If you believe that your work has been copied on the Site or in Weber Media in a way that constitutes copyright infringement, please provide Weber’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Weber of your claim that your copyrighted material has been infringed through posting on the Site or Weber Media.
-An electronic or physical 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 that you claim is infringed is located on the Site or in the Weber Media;
-Your address, telephone number and email 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; and
-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.
Weber’s Copyright Agent for notice of claims of copyright infringement on the Site or Weber Media can be reached as follows: Copyright Agent-Philip J. Zadeik: email: email@example.com
- If you breach any provision of this Legal Notice including the Terms and Conditions you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If this Legal Notice including the Terms and Conditions or your permission to use the Site is terminated by us for any reason, the agreement formed by your acceptance of this Legal Notice including the Terms and Conditions will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site or Weber Media, and anything relating to or arising from such use. If you are dissatisfied with the Site, Weber Media or with this Legal Notice including the Terms and Conditions, then your sole and exclusive remedy is to discontinue using the Site and Weber Media.
- No failure to exercise or waiver of any provision of this Legal Notice including the Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision of this Legal Notice including the Terms and Conditions.
- This Legal Notice including the Terms and Conditions is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.