The Mustang Survival website located at www.mustangsurvival.com (the “Website”) is owned and operated by Mustang Survival ULC (“Mustang Survival”, “we”, “us” or “our”), with an address at 7525 Lowland Drive, Burnaby, British Columbia, V5J 5L1.
This Website provides users with access to information and materials specific to products and services offered by Mustang Survival, and may provide users with the ability to purchase certain products and services.
ACCOUNTS, PASSWORDS, AND SECURITY
Portions of the Website may be available only by secure login and may require you to create an account and a password. If you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to: (a) immediately notify Mustang Survival of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Mustang Survival will not be 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. However, you could be held liable for losses incurred by Mustang Survival or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
REVIEWS AND COMMENTS
We welcome your comments regarding this Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent through the Website shall be and remain the exclusive property of Mustang Survival. Your submission of any such Comments shall constitute an assignment to Mustang Survival of all worldwide right, title and interest in and to all copyright and other intellectual property rights in the Comments. Mustang Survival will be entitled to use, reproduce, disclose, publish and distribute forever in all formats known and unknown any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. You may not use a false email address or otherwise attempt to falsely assume the identity of any person or entity, or to mislead as to the origin of any Comments. Mustang Survival reserves the right, without assuming any obligation, to remove or edit any Comments.
LINKS TO THIRD PARTY WEBSITES
RESTRICTIONS ON USE, COPYRIGHT AND TRADEMARK NOTICE
The Website contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, “Content”). All of the Content you see and hear on the Website, including, for example, all of the page headers, images, illustrations, graphics, video clips and text, are subject to trademark, copyright and/or other intellectual property rights or licenses held by Mustang Survival or third parties who have licensed their materials to Mustang Survival.
NO OWNERSHIP OR EDITORIAL CONTROL OF THIRD PARTY CONTENT; NO STATEMENT AS TO ACCURACY
Mustang Survival has no editorial control or responsibility over Content provided by third party suppliers. Any opinions, statements, products, services or other information expressed or made available by third party suppliers on this Website are those of such third party suppliers. Mustang Survival makes no representations in respect of, and does not endorse, the accuracy or reliability of any opinion, statement or other information provided by any third party supplier.
Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of Mustang Survival or its third party suppliers and is protected by Canadian and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is the exclusive property of Mustang Survival and is protected by Canadian and international copyright laws. You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Mustang Survival or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Mustang Survival. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Mustang Survival does not warrant or represent that your use of Content, products or services or any other materials displayed on this Website will not infringe upon the rights of third parties.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) INFORMATION
Mustang Survival respects the intellectual property of others, and we require our users to do the same while using our Website. Mustang Survival reserves the right to determine what constitutes inappropriate behavior and to ban offenders at its sole discretion and/or take other action against users who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
- A physical or electronic signature of person authorized to act on behalf of the copyright holder of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by Mustang Survival, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the service provider of an exclusive right that is allegedly infringed.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims. Please send Copyright infringement claim notices to:
Mustang Survival Canada
7525 Lowland Drive
Burnaby, BC V5J 5L1
Attn: Legal Department
The trademarks in this Website are the trademarks or registered trademarks of Mustang Survival, or their other respective owners. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Mustang Survival or its affiliates. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners.
LIMITED LICENSE AND WEBSITE ACCESS; ALL RIGHTS RESERVED
Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (ii) that could interfere with any other party’s use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Mustang Survival to be made accessible to a user, or (vi) to attempt to obtain any materials or information through any means not intentionally made available by Mustang Survival, or (vii) for any purpose for which the Website was not intended, is prohibited. In addition, in connection with your use of the Website, you agree you will not:
- Upload or transmit any message, Comment, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Mustang Survival representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels in any Materials that you upload to any communication feature;
- Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, provincial, state, national or international law;
- Upload or transmit any Material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage in accordance with the limited license and website access authorization outlined above;
- Probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any person to or from Mustang Survival communications if you are not expressly authorized by such party to do so;
- Harvest or otherwise collect information about others, including e-mail addresses; or
- Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website.
RIGHT TO MONITOR
PURCHASES; OTHER TERMS AND CONDITIONS
Mustang Survival’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.
Mustang Survival may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Mustang Survival makes no commitment to update the materials on the Website with respect to such products and services.
Mustang Survival attempts to ensure that all product descriptions are as accurate as possible. However, Mustang Survival does not warrant that product descriptions or other content on this Website is accurate, complete, reliable, current, or error-free. If a product offered by Mustang Survival itself is not as described, your sole remedy is to return it in unused condition in accordance with the terms of any applicable return policy.
ERRORS AND INACCURACIES
The information on this Website may contain errors or inaccuracies and may not be complete or current. We reserve the right to correct errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Mustang Survival shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Mustang Survival may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
RETURNS AND REFUNDS
Mustang Survival truly appreciates your purchase of our products. We understand that there may be circumstance where you want to return a product. If you would like to return a product, simply contact our customer care department (1-800-347-1200 or via online form) within 30 days of the ship date of your order. All returns are subject to the following conditions:
- Provide your original receipt and order number, which is printed on both the packing slip and invoice. Once accepted, we will issue a return authorization (RA) number and return shipping address. The assigned RA number should be visible on the outside of the package or the package may be rejected and returned at your expense.
- Returns will be accepted only if product is in original packaging, new condition and undamaged, as determined solely in the discretion of Mustang Survival.
- Products sold as clearance are not eligible for return.
- Mustang Survival reserves the right to charge a restocking fee of up to 20% for returns of greater than 5 duplicate products.
- Mustang Survival is not responsible for return shipping. You should retain tracking number, confirmation, and shipping paperwork for the return shipment.
If a product is returned within this time frame and conditions, Mustang Survival will exchange it or offer a refund based upon the original payment method. For check transactions over $250, Mustang Survival will mail a refund check to you within ten (10) business days.
VOID WHERE PROHIBITED
This Website may be administered and operated from various locations within or outside of Canada. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside of Canada. Mustang Survival reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside of Canada, this is on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation export laws and regulations.
Mustang Survival may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Mustang Survival’s rights or property, or the rights or property of visitors to or users of the Website, including Mustang Survival’s customers. Mustang Survival reserves the right at all times to disclose any information that Mustang Survival deems necessary to comply with any applicable law, regulation, legal process or governmental request. Mustang Survival also may disclose your information when Mustang Survival determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
EXCLUSION OF WARRANTIES; DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, MUSTANG SURVIVAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS INCLUDING ANY WARRANTIES OR CONDITIONS: (1) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; VIRUS-FREE OR ERROR-FREE AND (7) THAT ERRORS IN THE WEBSITE SOFTWARE WILL BE CORRECTED.
Mustang Survival does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, and or links associated with this Website. If your use of this Website or the materials, services, text, graphics, and or links associated with this Website results in the need for servicing or replacing equipment or data, Mustang Survival is not responsible for those costs. The material associated with this Website is provided solely for entertainment, informational and promotional purposes. The information and opinions expressed in News Feeds, Bulletin Boards, Chat Rooms, Blogs or other forums conducted on this website (“Forums”) are not necessarily those of Mustang Survival or its content providers, advertisers or sponsors and Mustang Survival makes no representations or warranties regarding that information or those opinions.
LIMITATION OF LIABILITY
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW; DISPUTES
FEEDBACK AND INFORMATION
Any feedback you provide at this Website shall be deemed to be non-confidential. Mustang Survival shall be free to use such information on an unrestricted basis. The information contained in this Website is subject to change without notice.