OWNERSHIP

The Poonzwear.com web site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of Poonzwear.com, 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 Poonzwear.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Poonzwear.com and/or the applicable Third Parties.

Poonzwear.com, and all other Poonzwear.com related trademarks and design marks displayed on Poonzwear.com (collectively, the "Trademarks") are registered and common law trademarks of Poonzwear.com. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. Nothing contained on Poonzwear.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 Poonzwear.com or such other party that may own the applicable trademarks.

USE OF SITE

Neither the Poonzwear.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 Poonzwear.com, except that you may download, display and print the content presented on Poonzwear.com for your personal, non-commercial use only. Unauthorized use of Poonzwear.comand/or the content contained on Poonzwear.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 Poonzwear.com website is not intended for use by children under the age of 13. Use of the Poonzwear.com website is void where prohibited by applicable law.

In its sole discretion, in addition to any other rights or remedies available to Poonzwear.com and without any liability whatsoever, Poonzwear.com at any time and without notice may terminate or restrict your access to any component of Poonzwear.com.

USER NAME AND PASSWORD

Your Poonzwear.com website 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 Poonzwear.com representative. Poonzwear.com 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 Poonzwear.com, and may be cancelled or suspended at any time by Poonzwear.com without any notice or liability to you or any other person. Poonzwear.com 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 Poonzwear.com 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.

PRIVACY

You have read the Poonzwear.com Privacy Policy, the terms of which appear on Poonzwear.com and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by Poonzwear.com and/or Third Parties in accordance with the terms of and for the purposes set forth in the Poonzwear.com Privacy Policy.

FEEDBACK

Poonzwear.com enables visitors to Poonzwear.com to provide Poonzwear.com  with feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant Poonzwear.com 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 Poonzwear.com the right to use the name you submit with the Customer Content, if any, in connection with Poonzwear.com rights hereunder.

PRICING POLICY

Poonzwear.com reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Poonzwear.com believes that customer conduct violates applicable law or is harmful to the interests of Poonzwear.com or any Third Parties.

Products may be purchased for delivery to an address located in Canada and Continental United States only.

LIABILITY DISCLAIMER

Except as explicitly provided in these Terms and Conditions as amended from time to time, Poonzwear.com and the Third Parties make no representations or warranties of any kind, express or implied, regarding Poonzwear.com and/or any content provided on Poonzwear.com, all of which are provided on an "as is" and "as available" basis. Poonzwear.com and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of Poonzwear.com, or any of the content or data found on Poonzwear.com, and expressly disclaim all warranties and conditions in respect of Poonzwear.com, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

Poonzwear.com and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

Poonzwear.com and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on Poonzwear.com or your downloading of any materials, data, text, images, video or audio from Poonzwear.com.

In no event shall Poonzwear.com or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of Poonzwear.com or content found herein, the operation of the web site, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of Poonzwear.com for purchases) even if advised of the possibility of damages.

INDEMNIFICATION

You shall indemnify and save harmless Poonzwear.com 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 Poonzwear.com.

LINKS

The Poonzwear.com web site contains links to web sites owned or operated by other entities which are not associated or affiliated with Poonzwear.com  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 Poonzwear.com or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. Poonzwear.com 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 Poonzwear.com web site or any of its content in any form and by any method is strictly prohibited.

GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of Poonzwear.com and these Terms and Conditions.

ADDITIONAL TERMS

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 Poonzwear.com.

SEVERABILITY

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.

HEADINGS

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

ENTIRE AGREEMENT

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 Poonzwear.com as set forth above.

ENGLISH LANGUAGE

The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.