Welcome to dixxon.ca ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement").
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are protected by copyrights and international treaty provisions owned, controlled or licensed by Dixxon Canada. The Site as a whole is protected by copyrights and constitutes trade dress and all worldwide rights, titles and interests in and to which are owned by Dixxon Canada.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our Site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Site.
Dixxon Canada Communications to You
You agree that Dixxon Canada may post notices on this Site or may, unless your profile settings specify otherwise, send electronic mail to you, and that such communications satisfy any legal requirement that communications be in writing.
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Comments and Reviews
All comments and reviews will be screened prior to posting so please avoid including any personal information or inappropriate language. Reviews must observe the following standards or they may be excluded from the site: 1. Review must be written in a constructive tone to allow the reader to interpret the reviewer’s experience with the product being reviewed. 2. Review must not include other brand names or products. 3. Review must not include explicit pricing information. 4. Review must be free from profanity.
Compliance with the Law and Resale Sales
You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the products on our Site or this Agreement. You agree and represent that you are buying for your own personal use only, and not for resale.
Links to Other Web Sites and Services
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT Dixxon Canada SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you
You agree to defend, indemnify and hold Dixxon Canada harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Unless otherwise specified and except to the extent Dixxon Canada products are offered for sale in Canada through this Site, this Site and the Contents hereof are displayed solely for the purpose of promoting Dixxon Canada's products and services available in Canada. This Site is controlled and operated by Supra Distribution on behalf of Dixxon Canada from its offices in Vancouver, BC, Canada.
Collection and Use of Personal Information
Personal information means any information that is related to an identified person, or that may be used to identify an individual, including, but not limited to: first and last name; email address; a home, postal or other physical address or other contact information; title, gender, occupation, industry, or personal interests; and other personal information necessary or useful to provide a product or service that you have requested. The types of personal information we collect and what we do with that information are listed below.
Domain Name and IP Address
We collect the domain names and IP addresses of our visitors for statistical purposes, in order to measure use, to improve the content or responsiveness of our site or to customize the content or layout of the site for the individual visitor. We do not disclose this information to third parties. We may also aggregate information relating to our visitors' traffic patterns from the data that we collect and retain concerning the IP addresses and domain names of our visitors, and we may divulge such aggregate information about our users with third parties such as our business partners, distributors, and service and support providers.
You may visit our website anonymously if you wish, by using appropriate software or webservices available from or through third parties.
We maintain a log file of all actions that are initiated or facilitated using our website in order to capture, record and store data concerning the transaction. Access to this data is restricted to internal usage by authorized Dixxon Canada employees who administer our network and website.
You should know that e-mail is not necessarily secure against all forms of interception. If your communication includes sensitive information about you and you would prefer not to transmit this information in this fashion, please contact us by mail or telephone rather than e-mail. See "Oversight And Questions" section below for this contact information.
We collect e-mail addresses that are volunteered by the visitor, from e-mail messages addressed to our company or its employees, through visitor participation in surveys, contests and site registrations or provided by the visitor when placing an order on the site.
We use the e-mail addresses for marketing purposes and to inform those interested in our products about events, products, services or other items of interest. Additionally, we use the e-mail addresses to notify visitors about recent updates to our website, to provide product or service news notifications or to send newsletters and promotions. We also use the e-mail addresses to process orders for products, services, brochures and other written materials, to respond to customer questions, to provide customer service and to inquire as to customer satisfaction and feedback.
You may opt-out of receiving the promotional or marketing e-mails at any time by (1) specifying your preference at the time of creating your profile; (2) changing your e-mail preferences in any user profile that you may have created. If you choose to opt-out of receiving e-mails via any of the above listed methods, Dixxon Canada's records will be updated within ten days of receipt of your request. These opt-out procedures will not be available for e-mails that are necessary to provide confirmation of a completed transaction (such as a purchase or change in the visitor's user profile).
Tell-A-Friend or Email Your Wish List
If you choose to use our referral service or to email your wish list, we will ask you for your friend's email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Dixxon Canada does not store this information and uses it for the sole purpose of sending this one-time email.
Credit Card Information
We collect credit card and billing information from visitors who make purchases from our online store. We use this information to bill the customer for product purchases. Credit card data will not be saved..
Other Personal Information
When you register with our site, you provide other personal information including your name, mailing address, billing address and phone number. This information is used mainly to process orders placed on our online store and to facilitate customer service and the delivery of products you have ordered. We may also use a mailing address that a visitor provides for a variety of Dixxon Canada-related reasons. We may send periodic mailings to visitors to inform our visitors who have provided a mailing address of new products, services or promotions. Your mailing address and telephone number may also be used to contact you about orders placed on-line or to provide information that you have requested.
If you do not wish to receive such mailings, you may request to be removed from the contact list by changing your account preferences in your user profile or email us.
If you post reviews or comments on the dixxon.ca site and blog, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in comments on our blog. Please note that all product reviews are screened prior to posting and Dixxon Canada will not post reviews containing personally identifiable information or inappropriate language.
A cookie is an element of data that a website can send to your browser, which may then be stored on your system. To use portions of Dixxon Canada's website you must set your browser to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it.
Editing Your Personal Profile
We provide a means to create a personal account or profile of personal information when you register on the retail section of our site. We realize that your personal information, including your name and e-mail address, is subject to change. To the extent that you provide us with personal information, we wish to maintain its accuracy. Our goal is to provide a variety of means for you to contact us should you need to update or correct your personal information. Personal information is collected and stored by a third-party service provider NetSuite, www.netsuite.com. This third party provider is not authorized or permitted to use personal information for any other reasons than those pertaining to order transactions. To change or delete the information in your personal account, by selecting "My Account" on the top menu bar of the Store section of our site and follow the prompts to edit your profile.
Your store account information is password-protected for your privacy and security. We safeguard the security of the data you send us with certain physical, electronic, and managerial procedures. We have taken reasonable precautions to protect against misuse, theft, loss, unauthorized access, disclosure, alteration or destruction of your personal information. Additionally, we use industry-standard 128-Bit SSL Encryption to enhance the security of data transmissions.
While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet. We suggest that you change your passwords often, that your passwords include a combination of letters and numbers, and that you make certain that you are using a secure browser. Products and services are available which can help give you privacy protection while navigating the Web.
We will take reasonable steps to insure that all data collected is accurate, complete and timely for the purposes for which they are to be used. We urge you to check your profile regularly to insure that such information is accurate, complete and timely.
We do not structure our website to attract children. Accordingly, we do not knowingly collect information from anyone who is age 13 and under.
Third Party Sites
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in North Vancouver, British Columbia before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Dixxon Canada’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.