Fugawi.com Terms of Service
1. Your Relationship With Fugawi.com
1.1 Your use of Fugawi.com's products, software, services and web sites (referred to collectively as the "Services" in this document) is subject to the terms of a legal agreement between you and Johnson Outdoors Canada Inc. Fugawi.com is a trade name of Johnson Outdoors Canada Inc. "Johnson Outdoors Canada Inc." means Johnson Outdoors Canada Inc., whose principal place of business is at 411 Richmond St East, Suite 307, Toronto, Ontario, M5A 3S5 Canada. This document explains how the agreement is made up, and sets out some of the terms of that agreement. This document may exclude services provided to you by Johnson Outdoors Canada Inc. under a separate written agreement.
1.2 Unless otherwise agreed in writing with Johnson Outdoors Canada Inc., your agreement with Johnson Outdoors Canada Inc. will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".
1.3 Your agreement with Johnson Outdoors Canada Inc. will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. These Legal Notices are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Johnson Outdoors Canada Inc. in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Johnson Outdoors Canada Inc. in the user interface for any Service; or
(B) by using the Services. In this case, you understand and agree that Johnson Outdoors Canada Inc. will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Johnson Outdoors Canada Inc., or (b) you are a person barred from receiving the Services under the laws of Canada or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where Johnson Outdoors Canada Inc. has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Johnson Outdoors Canada Inc.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Johnson Outdoors Canada Inc.
4.1 Johnson Outdoors Canada Inc. may have subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of Johnson Outdoors Canada Inc. itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Johnson Outdoors Canada Inc. is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Johnson Outdoors Canada Inc. provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Johnson Outdoors Canada Inc. may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Johnson Outdoors Canada Inc.'s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Johnson Outdoors Canada Inc. when you stop using the Services.
4.4 You acknowledge and agree that if Johnson Outdoors Canada Inc. disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that Johnson Outdoors Canada Inc. may set an upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space or bandwidth used for the provision of any Service. Such fixed upper limits may be set by Johnson Outdoors Canada Inc. at any time, at Johnson Outdoors Canada Inc.'s discretion.
4.6 If Johnson Outdoors Canada Inc. has received a fee from you for provision of Services and should the Services fail to perform in accordance with the limited warranty, your exclusive remedy shall be either a pro rata refund of the fees paid subsequent to the date you notified Johnson Outdoors Canada Inc. of the failure or repair or replacement of the Services, at the sole discretion of Johnson Outdoors Canada Inc.. The limited warranty shall not be available if failure of the Services has resulted from accident, abuse or misapplication. Any replacement Services will be warranted only for the remainder of the initial warranty period.
4.7 If Johnson Outdoors Canada Inc., at its sole discretion, suspends, cancels or otherwise restricts your use of Services for which you have paid Johnson Outdoors Canada Inc. a fee, your exclusive remedy shall be a pro rata refund of the fees paid which correspond with the period in which Johnson Outdoors Canada Inc. disabled your access to the Service. If Johnson Outdoors Canada Inc. suspends, cancels or otherwise restricts your use of Services for which you have paid Johnson Outdoors Canada Inc. a fee, due to failure by you to conform to these terms, then no refund of the fees paid shall be applied.
5. Use of the Services By You
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Johnson Outdoors Canada Inc. will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Canada, the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Johnson Outdoors Canada Inc., unless you have been specifically allowed to do so in a separate agreement with Johnson Outdoors Canada Inc.. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Johnson Outdoors Canada Inc., you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Johnson Outdoors Canada Inc. has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Johnson Outdoors Canada Inc. may suffer) of any such breach.
6. Your Passwords and Account Security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Johnson Outdoors Canada Inc. for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Johnson Outdoors Canada Inc. immediately at firstname.lastname@example.org.
7. Privacy and Your Personal Information
7.2 You agree to the use of your data in accordance with Johnson Outdoors Canada Inc.'s privacy policies.
8. Content in the Services
8.1 You understand that all information (such as, but not limited to data files, map images, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have uploaded to the Services, or otherwise have access to through the Services are the sole responsibility of the person or organization from which such content originated. All such information is referred to below as the "Content".
8.2 You should be aware that Content presented to you as part of the Services, or uploaded by you to the Services including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Johnson Outdoors Canada Inc. (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Johnson Outdoors Canada Inc. or by the owners of that Content, in a separate agreement.
8.3 Johnson Outdoors Canada Inc. reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that Johnson Outdoors Canada Inc. has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Johnson Outdoors Canada Inc. may suffer) by doing so.
8.6 Certain Services may be licensed to you for use as a general position locator, subject to the accuracy limitations of GPS signals, errors in digital maps, and errors in integrating the maps with the GPS. The Service is not intended and is not licensed to you for purposes of steering or guiding a moving vehicle, boat, or airplane, or any other navigational use requiring precise determination of position. The Service is not licensed for use as the sole source of position information.
8.7 You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, and without limiting this or any other section of these Terms, you agree not to use the Services to:
(A) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(B) use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
(C) use automated scripts to collect information from or otherwise interact with the Services;
(D) upload, post, transmit, share, store or otherwise make available any content that Johnson Outdoors Canada Inc. deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
(E) register for a User account on behalf of an individual other than yourself;
(F) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
(G) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(H) upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(I) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
(J) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(K) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
(L) use or attempt to use another's account; or
(M) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Johnson Outdoors Canada Inc., is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Johnson Outdoors Canada Inc. or its users to any harm or liability of any type.
9. Proprietary Rights
9.1 You acknowledge and agree that Johnson Outdoors Canada Inc. (or Johnson Outdoors Canada Inc.'s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Johnson Outdoors Canada Inc. and that you shall not disclose such information without Johnson Outdoors Canada Inc.'s prior written consent.
9.2 Unless you have agreed otherwise in writing with Johnson Outdoors Canada Inc., nothing in the Terms gives you a right to use any of Johnson Outdoors Canada Inc.'s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Johnson Outdoors Canada Inc., then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of these Terms.
9.4 Other than the limited license set forth in Section 11, Johnson Outdoors Canada Inc. acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Johnson Outdoors Canada Inc., you agree that you are responsible for protecting and enforcing those rights and that Johnson Outdoors Canada Inc. has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by Johnson Outdoors Canada Inc., you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from Johnson Outdoors Canada Inc.
10.1 Johnson Outdoors Canada Inc. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Johnson Outdoors Canada Inc. as part of the Services as provided to you by Johnson Outdoors Canada Inc. (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Johnson Outdoors Canada Inc., in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Johnson Outdoors Canada Inc., in writing.
10.3 Unless Johnson Outdoors Canada Inc. has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the software, grant a security interest in or over your rights to use the software, or otherwise transfer any part of your rights to use the software.
10.4 Johnson Outdoors Canada Inc. may give you, or provide for an additional fee, a time-limited, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use certain additional content, such as maps or charts, in third-party- or Johnson Outdoors Canada Inc.-created software, as determined solely by Johnson Outdoors Canada Inc. (referred to as the "Maps" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Maps as provided by Johnson Outdoors Canada Inc., in the manner permitted by the Terms. This license for the Maps may be governed by additional terms, in which case the terms will be made available to you for review at the time you choose to purchase and/or use the Map license from Fugawi.com.
11. Content License From You
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Johnson Outdoors Canada Inc. a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Johnson Outdoors Canada Inc. to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for Johnson Outdoors Canada Inc. to make such Content available to other companies, organizations or individuals with whom Johnson Outdoors Canada Inc. has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that Johnson Outdoors Canada Inc., in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Johnson Outdoors Canada Inc. to take these actions.
11.4 You confirm and warrant to Johnson Outdoors Canada Inc. that you have all the rights, power and authority necessary to grant the above license.
12. Software Updates
12.1 The software which you use may automatically download and install updates from time to time from Johnson Outdoors Canada Inc. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Johnson Outdoors Canada Inc. to deliver these to you) as part of your use of the Services.
13. Ending Your Relationship With Johnson Outdoors Canada Inc.
13.1 The Terms will continue to apply until terminated by either you or Johnson Outdoors Canada Inc. as set out below.
13.2 If you want to terminate your legal agreement with Johnson Outdoors Canada Inc., you may do so by (a) notifying Johnson Outdoors Canada Inc. at any time and (b) closing your accounts for all of the Services which you use, where Johnson Outdoors Canada Inc. has made this option available to you. Your notice should be sent, in writing, to Johnson Outdoors Canada Inc.'s address which is set out at the beginning of these Terms.
13.3 Johnson Outdoors Canada Inc. may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of these Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms); or
(B) Johnson Outdoors Canada Inc. is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Johnson Outdoors Canada Inc. offered the Services to you has terminated its relationship with Johnson Outdoors Canada Inc. or ceased to offer the Services to you; or
(D) Johnson Outdoors Canada Inc. is transitioning to no longer providing the Services to users in the country or region in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Johnson Outdoors Canada Inc. is, in Johnson Outdoors Canada Inc.'s opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Johnson Outdoors Canada Inc.'s rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Johnson Outdoors Canada Inc. have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT JOHNSON OUTDOORS CANADA INC.'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
14.3 IN PARTICULAR, JOHNSON OUTDOORS CANADA INC., ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOHNSON OUTDOORS CANADA INC. OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 JOHNSON OUTDOORS CANADA INC. FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOHNSON OUTDOORS CANADA INC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH JOHNSON OUTDOORS CANADA INC. MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE JOHNSON OUTDOORS CANADA INC. WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON JOHNSON OUTDOORS CANADA INC.'S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT JOHNSON OUTDOORS CANADA INC. HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and Trade Mark Policies
16.1 It is Johnson Outdoors Canada Inc.'s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by Johnson Outdoors Canada Inc. on the Services are subject to change without specific notice to you.
17.3 In consideration for Johnson Outdoors Canada Inc. granting you access to and use of the Services, you agree that Johnson Outdoors Canada Inc. may place such advertising on the Services.
18. Other Content
18.1 The Services may include hyperlinks to other web sites or content or resources. Johnson Outdoors Canada Inc. may have no control over any web sites or resources which are provided by companies or persons other than Johnson Outdoors Canada Inc.
18.2 You acknowledge and agree that Johnson Outdoors Canada Inc. is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that Johnson Outdoors Canada Inc. is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 Johnson Outdoors Canada Inc. may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Johnson Outdoors Canada Inc. will make a new copy of the Universal Terms and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Johnson Outdoors Canada Inc. will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20. General Legal Terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and Johnson Outdoors Canada Inc. and govern your use of the Services (but excluding any services which Johnson Outdoors Canada Inc. may provide to you under a separate written agreement), and completely replace any prior agreements between you and Johnson Outdoors Canada Inc. in relation to the Services.
20.3 You agree that Johnson Outdoors Canada Inc. may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if Johnson Outdoors Canada Inc. does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Johnson Outdoors Canada Inc. has the benefit of under any applicable law), this will not be taken to be a formal waiver of Johnson Outdoors Canada Inc.'s rights and that those rights or remedies will still be available to Johnson Outdoors Canada Inc..
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which Johnson Outdoors Canada Inc. is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with Johnson Outdoors Canada Inc. under the Terms, shall be governed by the laws of the Province of Ontario, Canada without regard to its conflict of laws provisions. You and Johnson Outdoors Canada Inc. agree to submit to the exclusive jurisdiction of the courts located within the Province of Ontario, Canada to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Johnson Outdoors Canada Inc. shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
August 21, 2018
Fugawi.com is a trade name of Johnson Outdoors Canada Inc. "Johnson Outdoors Canada Inc." means Johnson Outdoors Canada Inc., whose principal place of business is at 411 Richmond St East, Suite 307, Toronto, Ontario, M5A 3S5, Canada.
At Johnson Outdoors Canada Inc. we recognize that privacy is important. This Policy applies to all of the products, Services and websites offered by Fugawi.com or its subsidiaries or affiliated website or companies (collectively, the "Services").
If you have any questions about this Policy, please feel free to contact us via email at DataPrivacy@johnsonoutdoors.com.
Information We Collect and How We Use It:
We may offer some Services that do not require you to register for an account or provide any personal information to us, such as free map viewing and printing. In order to provide our full range of Services, we may collect the following types of information:
Information You Provide - When you sign up for a Fugawi.com Account or other Fugawi.com Service or promotion that requires registration, we ask you for personal information (such as your name, email address, physical address, and an account password). For certain for fee Services, we also request credit card or other payment account information which we maintain on secure servers. We may combine the information you submit under your account with information from other Fugawi.com Services or third parties in order to provide you with a better experience and to improve the quality of our Services. For certain Services, we may give you the opportunity to opt out of combining such information.
Log Information - When you use Fugawi.com Services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
User Communications - When you send email or other communication to Fugawi.com, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services.
Affiliated Sites - We offer some of our Services in connection with other websites. Personal information that you provide to those sites may be sent to Fugawi.com in order to deliver the Service, or vice versa. We process such information in accordance with this Policy. The affiliated sites may have different privacy practices and we encourage you to read their privacy policies.
Links - Fugawi.com may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our Service, customized content and advertising.
• Providing our products and Services to users, including the display of customized content and advertising;
• Auditing, research and analysis in order to maintain, protect and improve our Services;
• Ensuring the technical functioning of our network;
• Developing new Services;
• Advising our users of new Fugawi.com or affiliate Services or changes to existing Services; and
• Providing information to third parties whose products or services are made available or enhanced through Fugawi.com, for the purpose of allowing those third parties to maintain, protect and enhance their services.
Fugawi.com processes personal information on our servers in Canada, the USA and in other countries. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own Services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners.
We do not knowingly collect or solicit personal information from children under 13. If you have reason to believe that a child under the age of 13 has provided personal information through our website, please contact us, and we will endeavor to delete that information from our databases as soon as reasonable possible.
Choices For Personal Information
When you sign up for a particular Service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.
If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific Service notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Policy and/or in the specific Service notices, unless we have obtained your prior consent.
You can decline to submit personal information to any of our Services, in which case Fugawi.com may not be able to provide those Services to you.
Fugawi.com only shares personal information with other companies or individuals outside of Fugawi.com in the following limited circumstances:
(A) We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.
(B) We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (i) satisfy any applicable law, regulation, legal process or enforceable governmental request, (ii) enforce applicable Terms of Service, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, or (iv) protect against imminent harm to the rights, property or safety of Fugawi.com, its users or the public as required or permitted by law.
(C) We may provide your details to the authors of third party applications to which you use Fugawi.com to connect, for the purposes of (i) enforcing applicable Terms of Service, including investigation of potential violations thereof, (ii) detecting, preventing, or otherwise addressing fraud, security or technical issues, (iii) ensuring correct and seamless operation of the Service, or (iv) protecting against imminent harm to the rights, property or safety of Fugawi.com, its users or the public as required or permitted by law.
We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who used a certain Service, for example, or how many users clicked on a particular advertisement. Such information does not identify you individually.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data.
We restrict access to personal information to Fugawi.com employees, contractors and agents who need to know that information in order to operate, develop or improve our Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Fugawi.com processes personal information only for the purposes for which it was collected and in accordance with this Policy or any applicable Service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our Services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.
Accessing and Updating Personal Information
When you use Fugawi.com Services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this Service free of charge, except if doing so would require a disproportionate effort. Some of our Services have different procedures to access, correct or delete users' personal information.
Johnson Outdoors Canada Inc. regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or Johnson Outdoors Canada Inc.'s treatment of personal information by contacting us through DataPrivacy@johnsonoutdoors.com.
Changes To This Policy
August 21, 2018