LEGAL / TERMS OF USE

TERMS OF USE

Welcome to foufoudog! foufoudog and our affiliates and subsidiaries (“foufoudog”, “we”, “us” and “our”) urge you to carefully review these Terms of Use (“Terms”) as they contain the legal terms and conditions that govern your use of and access to the foufoudog website located at https://www.foufoudog.com and all other websites or digital platforms owned and operated by foufoudog, on which these Terms appear (each individually, a “Site”). We hope you find our Site informative and enjoyable

THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ IT CAREFULLY. YOUR USE OF OUR SITE IS SUBJECT TO THESE TERMS.

ACCEPTANCE AND MODIFICATION OF TERMS

By accessing the Site, you agree to these Terms and to our Privacy Policy which is incorporated herein by reference, and to any additional rules that we may post on the Site. We may make changes to these Terms from time to time and may notify you by posting a revised version on the Site. If we make any material changes to these Terms, we will notify you by email through the email address you most recently provided to us or by prominently posting a prominent notice of the changes on the Site. Your continued access or use of our Site following changes to these Terms will constitute your acceptance of any changes to our Terms.

You acknowledge that you have reviewed these Terms in their entirety, that you agree to these Terms in their currently-posted form, and that these Terms constitute binding and enforceable obligations on you. You may also be asked to re-acknowledge and re-accept these Terms following any material changes. If the modified Terms are not acceptable to you, your only recourse is to cease using our services and our Site. foufoudog reserves the right to refuse service, terminate accounts, or remove or edit Content (defined below) on the Site at any time in its sole discretion.

INTENDED USE OF OUR SITE

The Site is intended for personal, non-commercial use and may not be exploited in connection with any business or commercial purpose, even for non-profits, without the prior express written permission of foufoudog. foufoudog welcomes all individuals to the Site. However, certain features of our products and services, our Site, or Content may have age or geographic restrictions or otherwise be limited by applicable laws (see “International Markets” section below). Where such restrictions apply, you may be required to provide certain verification information before proceeding. By using our Site, you agree that you are of legal age to enter into these Terms or have obtained parental or legal guardian consent to do so. We reserve the right to refuse service to anyone for any reason at any time. foufoudog is based in Richmond Hill, Ontario, Canada and is an international business and our Site may be accessible on an international basis. foufoudog makes no claims that the Site, any Content or User Content (defined below) are appropriate or may be transmitted or used outside of Canada and the United States. If you access the Site from outside of Canada or the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. All personal information collected, used or disclosed in connection with the Site will be in accordance with our Privacy Policy.

CONTENT ON OUR SITE

foufoudog may make certain content, including information, text, comments, reviews, graphics, photos, pictures and other images, video, music and other audio files, software or applications, and all other material contained on the Site or features and functions, available on our Site (collectively, the “Content”). We may place specific limited uses, such as the number of times you may download the Content, how you may use or reproduce the Content, how many devices you may use to access the Content, or additional terms of use applicable to specific Content.

Content is owned by foufoudog, our affiliates or our licensors, and is protected by copyright, trademark and other laws and regulations of Canada, the United States and foreign jurisdictions. You may not use Content in any way not expressly permitted by these Terms and if you do, your right to use the Content will automatically terminate. Unless expressly stated otherwise, you may not reproduce, modify, disseminate or otherwise exploit our Content in any way or form without our prior express written permission. The Site and its Content are protected by copyright law as well as other intellectual property rights. In particular, our Content and the Site display the trademarks, names, slogans, logos, characters and service marks (“Trademarks”) that belong to foufoudog or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any copyright or Trademark displayed on our Site. Your use/misuse of the Trademarks or the copyrighted Content displayed on our Site, except as provided in these Terms, is strictly prohibited. foufoudog will aggressively enforce its intellectual property rights to the fullest extent of the law, including monetary damages, civil penalties, and criminal prosecution. All rights not expressly granted herein are reserved.

USER CONTENT SUBMISSION

foufoudog may include features on our Site that allow you to share your communications or content, including but not limited to product reviews and customer testimonials (“User Content”) with us and with other users of our Site. You agree you will not send, upload or transmit any User Content of any type that infringes or violates rights of any party, including without limitation, rights to privacy, publicity, personality or the right to one’s image; copyright, trademark, patent or other intellectual property rights; or violates these Terms.

Please note that we reserve the right to use any product reviews or customer testimonials for our marketing and promotional purposes. By submitting or otherwise exchanging User Content with us, you understand that all such information, whether publicly posted or privately transmitted, is the sole responsibility of the individual or person that submitted such User Content. You further agree that such User Content will not be considered or treated as confidential and may be seen, read, used or re-transmitted by foufoudog or other users of our Site. You explicitly represent and warrant that you are the owner of any User Content that you submit or cause to be submitted or have all rights and licenses necessary regarding such User Content and hereby grant foufoudog a royalty-free, perpetual, irrevocable, unrestricted, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content in any media or medium, or any form, format, or forum now known or hereafter developed. foufoudog may sublicense its rights to any User Content through multiple tiers of sub-licenses and you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials for such User Content. foufoudog is under no obligation to monitor or use any User Content. If you elect to provide such User Content to us via the Site, foufoudog has no obligations to you with respect to such ideas or suggestions and may use them, or not use them, in our sole discretion and for any purpose whatsoever.

    USER OBLIGATIONS

    In using our Site and providing User Content, you agree that we exclusively reserve the right to control the Content available on our Site and understand that we will comply and cooperate with any law enforcement authorities and/or court order requesting or directing us to disclose the identity of anyone that has posted information or materials to our Site. While we may monitor the Content on our Site, including User Content, we are under no obligation to do so and assume no responsibility or liability arising therefrom. You further agree that you are prohibited from posting or transmitting, through or in connection with the Site:

    • any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
    • any virus, worm, Trojan horse, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may, or is intended to, damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
    • any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; and
    • any material non-public information about a party without the proper authorization to do so.

    In addition, you will not use our Site:

    • for any fraudulent or unlawful purpose;
    • to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including but not limited to rights to privacy, publicity, personality or the right to one’s image;
    • to harvest or collect Personal Information about other users;
    • to impersonate any person or entity, including foufoudog or any of our affiliates or users;
    • to falsely state or otherwise misrepresent your affiliation with any person or entity;
    • to express or imply that we endorse any statement or posting you make, or any products or services you may offer;
    • to interfere with or disrupt the operation of our Site or the servers or networks used to make the Site available, or violate any requirements, procedures, policies or regulations of such networks;
    • to restrict or inhibit any other person from using the Site, including by hacking or defacing any portion of the Site;
    • to advertise or offer to sell or buy any goods or services without our express prior written consent;
    • to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
    • to modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our Site;
    • to remove any copyright, trademark or other proprietary rights notices from the Site or from materials originating from the Site;
    • to frame or mirror any part of the Site without our express prior written consent;
    • to create a database by systematically downloading and storing all or any Content from our Site; or
    • to use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of our Site, without our express prior written consent.

      LINKING; THIRD PARTY LINKS

      Our Site may contain links to other websites. foufoudog does not recommend, monitor, control or endorse any third party advertising or content, or the content on any third party websites and is not responsible for their terms of use or privacy policies or how any third party may treat, handle or share your information. Your use of third party websites is at your own risk. Please be mindful of this as you link to other websites. Other websites may link to our Site, with or without our authorization, and we reserve the right to block or disable any links to or from our Site at any time and for any reason. In general, foufoudog does not object to links to our Site from third party websites. However, all links to any third party website are subject to these Terms.

      ACCOUNTS, PASSWORDS and security

      Certain areas of our Site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of our Site, or any features at all. If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing foufoudog with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify foufoudog immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to our Site. foufoudog is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us. foufoudog reserves the right to refuse service, terminate accounts, or remove or edit Content at any time in its sole discretion. All information provided in connection with user accounts is dealt with in accordance with our Privacy Policy.

      use of credit card

      If you wish to purchase any product or service made available through our Site, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date and security code of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) utilized in connection with any transaction. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. All information provided in connection with transactions is dealt with in accordance with our Privacy Policy.

      standard purchases

      Upon completing the applicable form associated with the purchase of the product(s) that you have added to your shopping cart, and upon providing the requisite registration data, the credit card that you provided on the form (“Active Credit Card”) will be charged the applicable purchase price for the product(s), plus applicable shipping fees and sales tax.

      pricing and currency

      To better serve our customers, foufoudog has developed unique pricing for each of its products for both the U.S. and Canadian markets. If you are a customer buying foufoudog products in Canada (or ordering product(s) to an address in Canada), you will pay foufoudog Canadian dollar retail prices (“Canadian Prices”). If you are a customer buying foufoudog products in the U.S. (or ordering product(s) to an address in U.S.), you will pay foufoudog’s U.S. dollar retail prices (“U.S. Prices”). The prices displayed to you on our Site will be quoting our Canadian Prices (denominated in Canadian dollars) if you are visiting our Site from a Canadian IP address or if you select our Canadian portal by clicking the “Canada” button in the footer of our Site. The prices displayed to you on our Site will be quoting our U.S. Prices (denominated in U.S. dollars) if you are visiting our Site from a U.S. IP address or if you select our U.S. portal by clicking the “USA” button in the footer of our Site. Orders shipping to Canada will only qualify for the Canadian Prices and orders shipping to the U.S. will only qualify for the U.S. Prices. foufoudog reserves the right to change its Canadian Prices or U.S. Prices at any time in its sole discretion.

      international markets

      At this time, foufoudog only fulfills orders to certain parts of Canada and the Continental USA. We do not ship to international markets, certain Canadian locations (Yukon, Nunavut or the Northwest Territories), or Hawaii, Puerto Rico or Alaska.

      risk of loss

      All items purchased from foufoudog are made pursuant to a shipment contract. This means that risk of loss and title for such items pass to you upon our delivery to the carrier.

      limitation of liability

      The use of our Site, User Content and Content is at your own risk and they are provided “as is” without any express warranties or representations of any kind. Transmissions over the Internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of our Site, including information you provide to us on our Site. foufoudog does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content.

      To the fullest extent permitted by law, foufoudog disclaims all warranties, express and implied, statutory and otherwise, including but not limited to the implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose regarding our Site or the use of our Site. We do not promise that our Site, nor any information, Content or materials made available through our Site will be accurate, reliable, complete, error free, or compatible with any particular hardware or software. foufoudog further makes no representation or warranty regarding the statements, acts or omissions of any third parties, that our Site and any of their features will be available or that access will be uninterrupted or secure, or that defects or errors will be corrected, or that the Site or the servers or networks through which the Site is made available are secure or free of viruses or other harmful components.

      In no event shall foufoudog, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages.

      If, for any reason, foufoudog shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to the lesser of the total amount paid by you to access and use our Site or U.S. $1000, notwithstanding any claim that such remedy fails of its essential purpose. To the greatest extent permitted by law, no claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.

      Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms shall always be construed to take full advantage of their meaning to the extent permitted by law, they may not be applicable to you. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.

      indemnification

      Except to the extent prohibited by law, you agree to defend, indemnify, and hold foufoudog, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, costs, liabilities, and settlements including without limitation, reasonable legal and accounting fees, arising out of your use of or activities in connection with our Site or any allegation that User Content from you infringes or violates the intellectual property rights of others, or that otherwise arises out of your violation of these Terms.

      termination and access cancelation

      If you breach any of these Terms, foufoudog has the right, at its sole discretion and without prior notice or refund of any payment, to suspend or disable your access to our services or our Site. We may terminate your access to our services or our Site at any time, without cause and you agree that we will have no liability to you if we do. If we disable your access, you will not be able to reestablish access without our permission. We are under no obligation to continue to support our services or our Site in any way or to provide you with updates or error corrections. Your rights under these Terms will terminate immediately and automatically, with or without notice in our sole discretion, if we cease to support our services or our Site. If you have registered with us for any services, you may cancel your account with us at any time by contacting us as set out below.

      sweepstakes, contest and promotions

      foufoudog or its authorized partners may operate sweepstakes, contests, and promotions (“Promotions”) through our Site. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate, as they may contain additional important information about foufoudog’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of such Official Rules conflict with these Terms, the terms and conditions of such Official Rules for each Promotion will control for that Promotion. Coupons, rebates and specific product offers will be subject to the specific terms and conditions that accompany the particular coupon, rebate or specific product offer.

      controlling law and jurisdiction

      These Terms and any action related thereto will be governed by the laws of the Province of Ontario, Canada without regard to its conflict of laws provisions. You expressly agree and personally submit to the exclusive jurisdiction of the courts of the Province of Ontario to adjudicate and resolve any dispute with foufoudog, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, Content, or User Content. You hereby irrevocably waive your right to a jury trial or to claim that Province of Ontario is an inconvenient forum to hear claims and disputes.

      entire agreement and assignment

      These Terms, including our Privacy Policy constitute the entire agreement between you and foufoudog regarding our Site and supersede any and all other terms, representations, promises or discussions. Only foufoudog has the authority to agree to amendments to these Terms, and to be and be considered binding, any amendments must be in writing and executed by foufoudog. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. foufoudog may assign or transfer these Terms, at its sole discretion and without restriction.

      enforcement and severability

      The failure of foufoudog to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized foufoudog representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

      contact us

      Questions or comments regarding our Site, including reports of non-functioning links, should be submitted using our contact form or via mail to: foufouBRANDS, 2-85 West Wilmot Street, Richmond Hill, Ontario, L4B1K7 Canada or via email to: info@foufoubrands.com. The parties have agreed that this contract and all related documents be drafted in English.

      CONTACT

      PHONE

      +1 289 597 3681

      FAX

      +1 905 597 8170

      MAIL

      info@foufoubrands.com

      ADDRESS

      2-85 West Wilmot Street
      Richmond Hill, ON
      Canada L4B 1K7