Terms & Conditions

Agreement and Acceptance of These Terms of Use

The following Terms of Use (hereinafter referred to as the “Terms”) apply to and govern your access to and use of any website, mobile website, social media site, software, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or products (collectively referred to hereinafter as the “Service”), that are owned, operated, or provided by Goodlather Inc., or any of its subsidiaries, divisions, affiliates, and/or partners (hereinafter referred to as “Goodlather”).

Please read the dispute resolution provision below as it requires that you mediate and arbitrate certain disputes and claims with Goodlather and limits the manner in which you can seek relief from Goodlather.

This Policy is written in the Canadian dialect of the English language. Goodlather cannot guarantee the accuracy of any version of the Terms which has been translated into a language other than Canadian English. In the event that the meaning of any translated versions of the Terms conflicts with the meaning of the original Canadian English language version, then the English language version of the Terms shall hold control and be regarded as the standard for purposes of interpretation. Any translations of the Terms which you may encounter are for your convenience only.

Goodlather provides use of the Service to you conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein or incorporated by reference. This applies to all information tools, services, goods, and products available through use of the Service. Please read these Terms carefully before using our Service or making any transaction, order or purchase. By making any transaction, order or purchase or by otherwise using the Service in any manner, you acknowledge and accept without limitation or qualification, that you have read and understood these Terms and you agree to be bound by them.

By acknowledging and agreeing to these Terms, you also acknowledge and consent to the terms of Goodlather’s Privacy Policy which is incorporated herein by reference. By using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure, and you understand that transmissions to or through the Service may be intercepted by others. Users of the Service assume the risk of security breaches and all consequences resulting from them. Registered users of the Service must safeguard their account credentials. Please let us know immediately if you suspect that your credentials have been compromised by contacting us at: info@goodlather.ca. Please do not send Goodlather any sensitive personal information if it is not absolutely necessary for the purposes of providing you with the relevant services. If for any reason you do not accept and agree to these Terms or those set forth in Goodlather’s Privacy Policy, then you are prohibited from accessing or using the Service and you must disengage from the Service immediately.

By using the Service, you assert that you are of the legal age of majority in the jurisdiction in which you reside. The Service is not targeted for use by children under the age of 18, or any individual under the guardianship of another. If you are under the age of 18, or are under the guardianship of another person then you are not permitted to use the Service.

Goodlather reserves the right to change these Terms at any time and without advanced warning. Any changes to the Terms will be effective immediately upon publication. By continuing to use and engage with the Service, you agree to any changes made to these Terms upon accessing the Service following the publication of such changes. The date of the last update of the Terms is indicated at the top of these Terms, and it is your responsibility to check periodically for any changes made to these Terms. These Terms affect your legal rights, responsibilities, and obligations, govern your use of the Service, are legally binding, limit Goodlather’s liability to you, require you to indemnify Goodlather, and to settle certain disputes through arbitration. Your continued use of the Service affirms your agreement and acceptance of these Terms. If you do not wish to be bound by these Terms or any future modifications or amendments to these Terms, do not use our Service

Ownership of the Service

The Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to hereinafter as the “Content”), are all owned or controlled by Goodlather, our licensors, and certain other third parties. All of the Content is protected by international copyright, trademark, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible.

Goodlather grants users of the Service a license to temporarily download one copy of the Service for personal, non-commercial transitory viewing only. This is not a transfer of title, right, or interest in the Service or Content. The license does not give you the right to modify or copy the Content, use the Content for any commercial purpose, publicly display the Content, attempt to decompile or reverse engineer the Content, remove any copyright, trademark, or other proprietary notations from the Content, or otherwise infringe upon the intellectual property rights of Goodlather, and you are strictly prohibited from doing so as dictated by law. Should you violate any of these restrictions, this license shall automatically terminate. Goodlather reserves the right to terminate this license at any time without warning. Upon the termination of this license, you must destroy any downloaded materials acquired from the Service that are in your possession whether they be in electronic or printed format.

Goodlather owns and uses several pieces of original intellectual property on the Service, including but not limited to: A LATHER THAT MATTERS,  and the Goodlather logos and other marks. All rights to these pieces of intellectual property are reserved. Some features of the Service may now or in the future allow you to provide content to be published or displayed on public areas of the Service such as written comments, written reviews, digital video media, digital photographic media, or responses to interactive content such as quizzes (hereinafter referred to as “User Content”). All User Content submitted by you to the Service may be retained by Goodlather indefinitely, even after you terminate your account. By submitting any User Content you grant to Goodlather a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Content in any manner, including to create derivative works, without any compensation or notice to you. Your User Content may be posted and transmitted to others at your own risk. Please do not provide any sensitive personal information as part of your User Content. Goodlather cannot control the actions of other users of the Service with whom you may choose to share your User Content. Goodlather cannot guarantee that User Content which is published in publicly accessible areas of the Service will remain confidential.

As part of your use of the Service, you agree that you will not violate any local, state, provincial, national, or other law or regulation, or any order of a court. You also agree that you will not infringe, misappropriate or violate Goodlather or any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy. If you interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology this constitutes a criminal act and your use of the Service will be terminated. Users will not engage in automated data collection from any web pages or other services contained in the Service. It is prohibited to display, mirror or frame the Service, or any portion of the Service. It is prohibited to display, mirror or frame Goodlather’s name, any Goodlather trademark, logo or other proprietary information, or the layout and design of any page or form contained within the Service without express written consent from Goodlather. It is prohibited to access, tamper with, or use non-public areas of the Service, Goodlather’s computer systems, or the technical delivery systems of Goodlather’s service providers. You may not attempt to probe, scan, or test the vulnerability of any system or network used by Goodlather, or breach any of Goodlather’s security or authentication measures without express written consent from Goodlather. You may not avoid, deactivate, impair, descramble, bypass, remove, or otherwise circumvent any measure implemented by Goodlather, any of Goodlather’s service providers, or any other third party without explicit written consent from Goodlather. It is prohibited to make an attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service. Under no circumstances may you assist or enable another party to commit any of the aforementioned prohibited behaviours. Any conduct by a user of the Service that restricts or inhibits any other user of the Service from using or enjoying the Service is strictly prohibited.

Goodlather reserves the right, at any time, without notice: (1) to modify, suspend or terminate access to the Service, or any portion of the Service, for any reason; (2) to modify or change the Service, or any portion of the Service, and any applicable policies or terms; and (3) to interrupt the operation of the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Compliance with Shipping and return Policies

You acknowledge, agree and consent to the terms of Goodlather’s Shipping Policy and Return Policy which are incorporated herein by reference.

Disclaimer and Limitations of Legal Liability

The Service as well as all information, materials, and goods which are made available through the service are provided to users of the Service in “as is condition” without any express warranties of any kind. Goodlather disclaims all representations, warranties, terms, and conditions regarding the Service whether they be statutory or implied. This also applies to all services, goods, information, and other materials made available through use of the Service, including any representations and/or warranties of merchantability, quality, suitability for a specific purpose, noninfringement, and title. Goodlather accepts responsibility for control of the Service but provides no warranty or guarantee that the contents of the Service will be accurate or error-free. Goodlather provides no guarantee that any piece of software or hardware will be compatible with the service and assumes no responsibility in the event of such technological incompatibility. Users of the Service hereby agree that it is their own responsibility to (a) obtain, finance, and maintain any software, hardware, and/or related services that are needed to access and engage with the Service, and (b) verify that any software, hardware, and/or other service needed to access the Service function correctly when engaging with the Service. Users of the Service agree to accept all risks which may be associated with their use of the Service, and agree to accept all liability which arises from reliance on the accuracy, or apparent usefulness of any information or other materials made available to them through the Service.

Goodlather and its service providers are not liable for any incidental, consequential, punitive, special, or otherwise exemplary damages that occur in connection with use of the Service, whether direct or indirect. Goodlather assumes no liability for any damages associated with loss of profits, loss of data, loss of security of information, or interception of information by unauthorized third parties that occurs in conjunction with use of the Service, whether or not Goodlather has been notified of such damages. There are no damages of any kind that may result from the use of the Service and the materials it contains for which Goodlather will assume liability. Should any events occur as a result of using the Service that cause users of the Service to experience dissatisfaction, it is their responsibility to cease using the Service if they wish to seek remediation and prevent further dissatisfaction. Should Goodlather offer to accept liability for any damages, losses, or causes of action in contract or in tort, the maximum value of this liability shall not exceed the total amount paid to Goodlather by the party in question during the ninety days immediately preceding the event(s) for which Goodlather has chosen to accept liability.

In some circumstances, applicable law may not allow for limitations on warranties or exclusions of certain damages. If a user of the Service is someone for which such a law applies, then some or all of the aforementioned disclaimers, exclusions, and/or limitations may not apply to that user and/or they may have additional rights not mentioned here. If applicable law prohibits the exclusion or limitation of a given party’s liability with regard to a death or personal injury caused by that party’s negligence, fraud, or other action, then the liability of that party will not be excluded or limited to the same extent of prohibition under such law.

By using the Service you understand and acknowledge that you may be waiving certain rights with regard to claims which may be unknown or unpredicted at this point in time. As such, by using the Service you agree to waive the benefit of any law which may limit your waiver of such claims to the extent applicable. The exclusions and limitations outlined in the preceding paragraphs apply whether or not the liability in question is based on a breach of contract, tort, breach of warranty, strict liability, or any other legal scenario. The exclusions and limitations outlined in the preceding paragraphs apply notwithstanding any failure of essential purpose of any limited remedy.

Indemnification of Goodlather’s

Except to the extent which is prohibited under applicable law, by using the Service you agree to indemnify, hold harmless, and defend Goodlather and its officers, directors, employees, and agents from and against any and all claims, losses, liability, damages, costs, or expenses, including reasonable attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service, including use of any good or product purchased through the Service or (b) violation of these Terms by you. If you fail to promptly indemnify and defend a relevant claim, Goodlather reserves the right to defend itself and you shall promptly reimburse Goodlather for all of its costs and expenses associated with such claim.

Linked Materials

The Service may provide links to other third-party websites (hereinafter referred to as “Linked Sites”). Goodlather is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not indicate endorsement of the Linked Site by Goodlather. Use of any such linked website is at the user’s own risk.

The views and opinions expressed in Linked Sites are mediated by the third parties which control the Linked Sites and do not necessarily reflect the official policy or opinion of Goodlather. If users of the Service decide to access any Linked Site, you do this entirely at your own risk. Linked Sites which are provided to users of the Service as well as any names, marks, products, services, third parties, or third-party information which are provided within the Service are provided solely as a convenience to users, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with the third party or its products and services on the part of Goodlather. Goodlather makes no representation, warranty, or guarantee regarding any Linked Site or the content, products, or services displayed on any Linked Site. By using the Service you agree that Goodlather shall not be responsible or liable for any damage or loss caused or alleged to be caused by use of, in connection with, or by reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource, whether directly or indirectly.

Goodlather shall under no circumstance be held liable for any direct loss, indirect loss, incidental loss, special loss, or other damage that arises from breach of contract, negligence, defamation, infringement of copyright or other intellectual property rights which is caused or alleged to be caused by the exhibition, distribution, or exploitation of anything contained within a Linked Site, including any goods or services made available through a Linked Site.

Governing Laws

By accessing the Service, you agree that the statutes and laws of Canada and the province of Ontario will apply to all matters relating to use of the Service without regard to conflicts of laws principles. You further agree that any legal action, or legal proceeding related to these Terms or arising from them shall be subject to the sole and exclusive jurisdiction of the province of Ontario and that the venue of such legal scenarios shall be in an appropriate provincial or federal court located in Toronto, Ontario, Canada. By using the Service you hereby submit to the jurisdiction and venue of said courts and consent to service of process by email in the event of any legal proceeding.

Arbitration

Users of the Service agree that in the event of any dispute, claim, suit, or controversy arising out of these Terms and the use of the Service or that is connected in any way with these Terms or the use of the Service (collectively referred to hereinafter as the “Disputes”), the relevant parties shall participate in non-binding mediation in a good faith attempt to resolve the Dispute. The involved parties shall split mediation costs and each party shall bear its own attorney’s fees for the mediation. The mediation shall be held in Toronto, Ontario, Canada.

In the event that non-binding mediation does not resolve the Dispute, the Dispute shall be finally settled by binding arbitration administered by a relevant third party. Should a Dispute be remediated with binding arbitration, users of the Service waive their rights to have any and all Disputes resolved in a court, with the limitation that that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents, or (ii) to pursue enforcement actions through applicable Canadian federal, provincial, or local agencies where such actions are available, or (iii) injunctive relief in a Canadian court of law. The language of the arbitration shall be Canadian English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential by the relevant parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).

Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.  There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. A Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

The location of arbitration intended to resolve a Dispute shall be in Toronto, Ontario, Canada.

As limited by these Terms, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court. The arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

To the extent that any lawsuit or court proceeding is permitted under these Terms, users of the Service agree to submit to the personal and exclusive jurisdiction of the provincial courts and federal courts located in Toronto, Ontario, Canada for the purpose of litigating all such disputes to the fullest extent permitted by law. In such cases, users of the Service also waive their rights to a jury trial.

Any claim under these Terms must be brought within one year after the cause of action arises, or such claim or cause of action is barred. Users of the Service agree to the admissibility of computer records and electronic evidence in any dispute herein.

In the event that the provisions in this Dispute resolution section are held invalid or unenforceable, then this section in its entirety will cease to apply, and the relevant parties will not be obligated to arbitrate any Disputes.

Waiver of Class Action Proceedings

Users of the Service and Goodlather agree that each party may bring claims against the other party only on an individual basis and not as the plaintiff or class member for any class action, representative action, or similar legal proceeding. Any arbitrator involved in the resolution of a Dispute claim shall not have the authority to hear arbitration as a class action, consolidated action, representative action, or private attorney general action nor will such arbitrator have the authority to consolidate, join, or otherwise combine any dispute, claim or controversy of different individuals into a single proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class action, collective action, representative action, and private attorney general action claims is found to be void or is otherwise unenforceable, then any such class action, collective action, representative action, or private attorney general actions must be heard and determined through an appropriate court proceeding in any court of competent jurisdiction.

Copyright Policy

Goodlather complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice submitted under the DMCA must be truthful or incur a penalty of perjury. A false notice or counter-notice may lead to the personal liability of the individual who has submitted it. It is therefore advisable to seek the advice of legal counsel before submitting a notice or a counter-notice under the DMCA should you feel the need to make such a submission. Notices and counter-notices submitted to Goodlather may be shared with others regardless of whether or not they contain any sensitive personal information, and by submitting any such notices you agree that you have no expectation of privacy as part of your notice submission.

Owners of copyrighted material or their representing agents may submit a DMCA notice to Goodlather if they believe that activity which infringes on their copyright protections has taken place on our Service. Only valid reports of infringement will be considered as legitimate. Any notice submitted under the DMCA should include all of the points described below only if the party submitting the request is the owner of the copyrighted material in question, or the authorized agent acting on behalf of the copyright owner. If you are not sure whether or not Goodlather has control over the content which has been allegedly infringed upon, it is advisable to seek legal representation before contacting Goodlather. To be considered valid within the parameters of the DMCA, any notification of alleged infringement must be in a written communication that includes the following information and an assertion of its accuracy under threat of perjury:

• The physical or electronic signature of the owner of an exclusive right that is allegedly infringed or a person authorized to act on their behalf, as well as information sufficient for Goodlather’s to determine the legitimacy of the signature and the identity of the signatory;

• Clear identification of the copyrighted work claimed to have been infringed upon, or a representative list of such works at that site, including citation to the applicable copyright registrations where available.

• Clear Identification of the specific material or method that is claimed to be infringing or claimed to be the subject of infringing activity and that is to be removed or access to which is to be disabled. This information must be reasonably sufficient to permit Goodlather’s to locate the material, and should include a timestamped visual identification of the material in a screenshot or comparable medium with all metadata intact, as well as a direct hyperlink or URL to the webpage or online content of concern
  

• Information reasonably sufficient to permit Goodlather’s to contact the complaining party, including at minimum an email address and telephone number. Please include a physical mailing address as well if it is available.

• A statement asserting that the complaining party has a belief in good faith that use of the material in question in the manner complained of is not authorized by the copyright owner, its agent, or the law

• A statement asserting under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any such notifications of claimed copyright infringement must be sent to the physical address or email address listed below, with emails containing “DMCA NOTICE:” in the subject line and physical letters containing “DMCA NOTICE:” in the page header.

Mail:

Goodlather
235 Carlaw Avenue - LL101
Toronto, Ontario, Canada
M4M 2S1

Email:

info@goodlather.ca

Please be aware if any intended notification of claimed infringement does not meet the above requirements. Goodlather has no responsibility to respond to any such notification of claimed infringement should the notification be deemed defective or invalid.

If you receive a notification of claimed copyright infringement from Goodlather, you may submit a counter notification to us under the DMCA. Counter notifications must contain the following, which includes an assertion of accuracy made under penalty of perjury:

• Your physical or electronic signature, as well as information sufficient for Goodlather to determine the legitimacy of the signature and the identity of the signatory.

• Clear identification of the material that has been removed or to which access has been disabled and the location where the material last appeared before it was removed or access to it was disabled.

• A statement under penalty of perjury asserting that you have a good faith belief that the material in question was removed or disabled as a result of an error or misidentification of the material.
  

• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the District of Delaware, if your address is located outside the United States, and that you will accept service of process from the complainant submitting the notice or the complainant’s authorized agent.

Any such counter notification must be sent to:

Mail:

Goodlather
235 Carlaw Avenue - LL101
Toronto, Ontario, Canada
M4M 2S1

Email:

info@goodlather.ca

Miscellaneous Terms

These Terms, other Goodlather policies cited herein, and additional terms (as defined below) constitute the entire agreement between you and Goodlather and govern your use of the Service. This agreement supersedes any prior agreements between you and Goodlather relating to your use of the Service. When purchasing products you may be subjected to additional terms and agreements. Additional terms may also be applied when users of the Service participate in sweepstakes, participate in contests, participate in other promotions, use software, or download software. No information detailed on any other purchase order, preprinted form or document shall add to or vary these Terms. If any provision of these Terms is held to be invalid by any law, rule, order, or regulation of any government, that invalidity does not extend to any other provision of these Terms. Should it be the final determination of any state or federal court that any provision of these Terms is invalid or unenforceable, such invalidity shall not affect the enforceability of any other provision of the Terms. The failure of Goodlather to exercise or enforce any right or provision of the Terms shall under no circumstances constitute a waiver of such right or provision.

When accessing or using the Service, you are communicating with Goodlather electronically. By communicating with Goodlather electronically, including the use of direct email communication, you consent to receive communications from Goodlather electronically. When communicating with Goodlather electronically you agree that any legal requirement that such communications be in writing is satisfied by Goodlather provision of communications in an electronic format. You may retain these Terms in written format by printing out a hard copy, and by doing so you waive any other requirement that these Terms be communicated or provided to you in a written document.

Users who provide information in connection with the Service agree to provide accurate, complete, and true information. Users of the Service agree not to use a false or misleading name or a name that they are not authorized to use. If Goodlather believes that any such information is untrue, inaccurate, or incomplete, it is our sole discretion to choose to refuse you access to the Service and pursue any appropriate legal remedies.

It is strictly prohibited to export or re-export any content or any copy or adaptation of such content, or any product or service offered on the Service, in violation of any applicable laws or regulations.

All provisions of these Terms are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. Goodlather failure to enforce strict performance of these Terms shall not be deemed a waiver by Goodlather of any provision or any right it has to enforce these Terms. Any such waiver must be explicitly communicated by Goodlather in writing in order to be effective. These Terms do not serve to confer any rights or remedies on any third parties, and shall not be interpreted as such. By using the Service, you acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Goodlather.

Any of the rights given to users of the Service under these Terms may not be assigned to other individuals, and any such attempt to do so will be considered null and void. In the event that some or all of the business of Goodlather is transferred to a third party by way of merger, sale of Goodlather assets or otherwise, Goodlather may transfer all contractual rights and obligations pursuant to these Terms to any affiliate of Goodlather or to another relevant third party without further consent or notification.

The parties described within these Terms declare that they have required that these Terms and all related documents be drawn up in the English language only.

Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

Contact Information

If you have any questions about these Terms, please contact Goodlather at:

Mail:

Goodlather
235 Carlaw Avenue - LL101
Toronto, Ontario, Canada
M4M 2S1

Email:

info@goodlather.ca

Goodlather does not guarantee that it will receive communications timely and accurately. Goodlather shall not be legally obligated to read, act on, or respond to any email or other communication received. Email communications to Goodlather may not be secure and will not be treated as confidential.