PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
Your use of www.marks.com/www.lequipeur.com is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using www.marks.com/www.lequipeur.com, you signify your acceptance of these Terms and Conditions.
Mark's/L'Équipeur Work Wearhouse Ltd. ("Mark's/L'Équipeur") may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the www.marks.com/www.lequipeur.com web site. Your continued used of the www.marks.com/www.lequipeur.com web site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.
The www.marks.com/www.lequipeur.com web site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of Mark's, and/or its various subsidiaries, affiliates, third party providers and distributors ("Third Parties"), and are protected under the copyright laws of Canada and other countries. None of the content found on this web site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Mark's and/or the applicable Third Parties.
Mark's Work Wearhouse, Mark's Work Wearhouse and Design and all other related trademarks and design marks displayed on www.marks.com/www.lequipeur.com (collectively, the "Trademarks") are registered and common law trademarks of Mark's. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. Nothing contained on www.marks.com should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Mark's or such other party that may own the applicable trademarks.
USE OF SITE
Neither the www.marks.com web site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Mark's, except that you may download, display and print the content presented on www.marks.com for your personal, non-commercial use only. Unauthorized use of www.marks.com and/or the content contained on www.marks.com may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
The www.marks.com web site is not intended for use by children under the age of 13. Use of the www.marks.com web site is void where prohibited by applicable law.
In its sole discretion, in addition to any other rights or remedies available to Mark's and without any liability whatsoever, Mark's at any time and without notice may terminate or restrict your access to any component of www.marks.com.
USER NAME AND PASSWORD
Your www.marks.com web site account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Mark's representative. Mark's recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
All login names and passwords remain the property of Mark's, and may be cancelled or suspended at any time by Mark's without any notice or liability to you or any other person. Mark's is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify Mark's of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Mark's enables visitors to www.marks.com to provide Mark's with feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant Mark's a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence and you waive any and all moral rights in the Customer Content. You also grant Mark's the right to use the name you submit with the Customer Content, if any, in connection with Mark's rights hereunder.
Mark's has attempted to match online prices to those in store; however online prices, product and service selection and availability, and sale effective dates may differ from those in store and may vary by geographic region. Market conditions and competitive pressures may cause prices and availability to change without further notice. Additionally, although great care is taken in the production of the www.marks.com web site, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time.
All sale prices end at 1:59am ET of the posted end date.
All prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include shipping charges, GST, PST, QST or HST.
www.marks.com offers limited-time sales values, special buys and items at Mark's' everyday low price. Regular prices shown are the prices at which the products have been sold by Mark's as of the date of issuance indicated.
All advertisements on www.marks.com web site are merely invitations for you to order goods or services from Mark's, and are not offers to sell by Mark's. A correctly completed Review and Submit page delivered by you to Mark's constitutes your offer to purchase the goods or services listed in your order. Your order shall be deemed to be accepted only at the point when Mark's sends a shipping confirmation email to the email address you provided. If you wish to cancel an order, you may request a cancellation by sending an email to us at firstname.lastname@example.org. However, your cancellation request may not be effective if we do not receive and process your cancellation request before we confirm shipment of your order.
Mark's reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Mark's believes that customer conduct violates applicable law or is harmful to the interests of Mark's or any Third Parties.
Products may be purchased for delivery to an address located in Canada only. All sizes quoted are approximate. Some items shown may require assembly.
Please see "Help/Contact Us" for more information about shipping, our returns/exchanges policy and FAQ.
USER GENERATED CONTENT
Mark's may, from time to time, select content created and publicly posted by you (the "Contributor") on a third-party social media platform ("User Generated Content") that is relevant to and in conformity with Mark's brand vision and brand principles. Mark's has chosen this User Generated Content for the purpose promoting Mark's in accordance with these Terms and Conditions.
The Contributor should review the Terms and Conditions each time the Contributor grants permission or authorization to Mark's to use the Contributor's User Generated Content.
When User Generated Content is selected by Mark's, the Contributor will be contacted via the social media platform on which the User Generated Content appears. Mark's will ask the Contributor for his/her consent to use the specified User Generated Content in accordance with these Terms and Conditions. The Contributor will be asked to reply with "I CONSENT" to grant his/her consent. A direct response by Contributor within the same message thread using the language specified will be deemed to constitute valid consent. If no response is received from the Contributor, the specified User Generated Content will not be used by Mark's.
BY REPLYING "I CONSENT", THE CONTRIBUTOR IS ENTERING INTO AN AGREEMENT WITH MARK'S AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS, WITHOUT LIMITATION OR QUALIFICATION. THE CONSENT GIVEN BY CONTRIBUTOR SHALL ONLY BE VALID FOR THE USER GENERATED CONTENT SPECIFIED BY MARK'S.
By providing consent, the Contributor hereby grants to Mark's, the perpetual, non-exclusive, irrevocable, sublicensable, worldwide, royalty-free right and license to exhibit, distribute, reproduce, use, modify, adapt, publish, translate, transmit, disclose, publicly perform and publicly display the User Generated Content and the Contributor's name, voice, picture, portrait and likeness as it appears in or in connection with the User Generated Content and to incorporate such User Generated Content in other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes, including but not limited to the advertising, marketing and promotion of Mark's and its products and services.
Notwithstanding the above, Mark's will have no obligation to make any use of any of the rights granted by the Contributor. Mark's' use of the User Generated Content or the Contributor's name and/or likeness does not imply any endorsement of or any affiliation with the Contributor.
The Contributor acknowledges he/she is not entitled to any compensation for use of the User Generated Content by Mark's.
Representations and Warranties
By granting the license, the Contributor represents and warrants that:
- He/she is 18 years of age or older;
- He/she has the full right, power and authority to grant the rights described in these Terms and Conditions;
- The User Generated Content was created by the Contributor or the Contributor owns or controls all rights in such User Generated Content, such that the Contributor has all necessary licenses, rights, consents and permissions to publish the User Generated Content and to grant the rights described herein, including permission from all person(s) appearing in the Contributor's User Generated Content;
- The exercise by Mark's of its rights under these Terms and Conditions will not violate the rights of any third party or any applicable laws, rules or regulations, including, without limitation, consumer protection, privacy, copyright, trademark and trade laws;
- The User Generated Content does not contain any worms, viruses or other code deemed harmful to Mark's or Mark's' users; and
- The User Generated Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
Indemnity, Waiver and Release
The Contributor agrees to indemnify, defend and hold Mark's and the Third Parties, and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of Contributors breach of the User Generated Content section of these Terms and Conditions.
The Contributor hereby waives any and all claims to which the Contributor may become entitled for any reason whatsoever and does hereby release, remise and forever discharge Mark's and the Third Parties of and from any and all actions, causes of action, suits, debts, dues, sums of money, costs, claims and demands whatsoever, whether at law or in equity, which the Mark's or the Third Parties hereafter can, may or shall have, by reason of Mark's use of the User Generated Content.
The Contributor irrevocably and unconditionally waives (and agrees not to enforce) all rights in the User Generated Content, including without limitation any moral rights or equivalent rights which the Contributor may otherwise have under any laws now existing or which become law in the future in any part of the world. If requested, the Contributor will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights the Contributor has granted to Mark's under these Terms and Conditions.
If, notwithstanding the foregoing, Mark's or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of www.marks.com or its content, the liability of Mark's and the Third Parties shall in no event exceed in the aggregate $250 CAD.
You shall indemnify and save harmless Mark's and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of www.marks.com.
The www.marks.com web site contains links to web sites owned or operated by other entities which are not associated or affiliated with Mark's or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Mark's or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. Mark's and the Third Parties shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk. Framing of the www.marks.com web site or any of its content in any form and by any method is strictly prohibited.
The relationship between Mark's and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of www.marks.com.
This Agreement and its performance shall be governed by the laws of the Province of Alberta, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Calgary, in the Province of Alberta, Canada, in all disputes arising out of or relating to the use of www.marks.com and these Terms and Conditions.
Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on www.marks.com.
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Mark's as set forth above.
Revised November 21, 2019