Consignment Terms of Service

Consignment Terms of Service

Effective Date: August 22, 2024

Welcome to Double R Rodeo Gear Consignment! Thank you for your interest in consigning your items with us.  For everyone to have a satisfactory experience, we require all our users to comply with our terms and conditions.

These Terms of Service (the “Terms”) apply to your access to and use of Double R Rodeo Gear’s Consignment Service (as defined below). Please read them carefully. We have included annotations in italics for each section to help guide you as you read the Terms. These annotations are not complete summaries, so please read everything.

  1. Your Acceptance of these Terms
  2. Eligibility and Your Double R Rodeo Gear Consignment Account
  3. Your Privacy
  4. Your Use of the Service
  5. Your Use of Mobile Devices and Other Third Party Software
  6. Your Content
  7. Our Intellectual Property Rights
  8. Intellectual Property Complaints
  9. Third Party Services and Content
  10. Your Purchases and Sales
  11. Limitation of Liability and Warranties
  12. Indemnification (for Business Users only)
  13. Disputes with Double R Rodeo Gear (for Business Users only)
  14. Governing Law and Venue
  15. Disputes with Other Users
  16. Suspending, Terminating, and Modifying Your Access
  17. Changes to This Agreement
  18. Miscellaneous
  19. Language
  20. Our Notices to You and Contact Information

 

  1. Your Acceptance of These Terms

This section describes how these Terms form a binding contract between you and us. If you use the service on behalf of a business, the business also agrees to these Terms.

These Terms are a legally binding contract (“Agreement”) between you (“you” or “your,” individually or the business you represent with each being a “User”) and Double R Rodeo Gear, with a business address at 545 Hwy 9, Mildmay, ON Canada (as applicable “Double R Rodeo Gear,” “we,” “our,” or “us”). If you are acting for purposes other than your personal, family, or household purposes, then you are a business user (“Business User”), and if you are an individual who is not a Business User, you are a consumer user (“Consumer User”). Users include collectively, Business Users and Consumer Users.

By accessing and/or using the Service, you agree to be bound by this Agreement and any policies referenced into this Agreement (which will become part of the Agreement). If you do not agree to abide by all of the terms and conditions in this Agreement, you must not access and/or use the Service. You represent that you have the authority to bind yourself to this Agreement. If you access and/or use the Service on behalf of a business, then you represent that you have authority to bind that business to this Agreement and that the business accepts this Agreement.

This Agreement applies to the Double R Rodeo Gear Consignment platform and all related tools, features, and services, including the website located at https://www.rodeogear.ca (the “Service”). The Service provides an online marketplace where Users can list and sell items (“Items”). Users who purchase Items are “Buyers,” and Users who sell Items are “Sellers.” Users may be both Buyers and Sellers on the Service. By using the Service, Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and Double R Rodeo Gear Consignment is not a party to such sale or purchase.

Please read these Terms carefully as they contain, to the extent legally allowable in your jurisdiction, an agreement to arbitrate as well as other important legal rights, remedies, and information. Some of these provisions may not apply to you (for example, if you are a consumer residing in Quebec).

  1. Eligibility and Your Double R Rodeo Gear Consignment Account

This section describes who is eligible to use the Service and your responsibilities to protect your password and provide us with accurate information.

  1. Minors Must Have Permission to Use the Service

Individuals over the age of 13 and under the age of majority in their province or territory of residence may only use the Service with permission of their parent or guardian as described in our Minors Policy. Individuals under the age of 13 cannot use the Service.

  1. Provide Accurate Information

You need to create an account with Double R Rodeo Gear to access and/or use certain features of the Service (“Account”). If you are creating an Account for a business entity, then you represent and warrant that you have the authority to create such Account on behalf of the business entity. You must provide accurate information about your identity and must not provide any false information or impersonate another person or company through your Account. Double R Rodeo Gear reserves the right to verify the account information you provide (“Account Information”). Upon Double R Rodeo Gear’s request, you will promptly provide required documentation, including identification documents, proof of address, or business information. The name on your Account will be considered the Account owner. If you do not provide the information requested or if you provide inaccurate information, Double R Rodeo Gear may, in its sole discretion, terminate your Account.

  1. Protect Your Password

You are responsible for maintaining the confidentiality of your password and Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of Account security.

  1. Your Responsibility for Your Account

You are solely responsible for any activity on your Account. If you are a Minor (as defined in our Minors Policy) and sharing the Account with a parent or guardian, then both you and the parent or guardian granting permission on the Account will be responsible for any activity on the Account.

  1. Account Transfers

You cannot transfer or assign your Account to a third party without prior written consent from Double R Rodeo Gear. Double R Rodeo Gear may require additional information from you regarding the requested transfer or assignment. You cannot sell or otherwise dispose of your Account under any circumstances.

  1. Your Privacy

For information about how we collect, use, share, and otherwise process information about you, see our Privacy Policy.

  1. Your Use of the Service

You may only use the Service if you comply with the law and this Agreement. If you do not comply, then we can take certain actions, including termination of your Account or other legal or investigatory action.

  1. Your Use of the Service and Interactions with Other Users

By using the Service, you interact with other Users. To the fullest extent permitted by applicable law, you release us from all liability relating to your interactions with other Users. When interacting with other Users, you assume all the risks of your interactions. To the fullest extent permitted by applicable law, you will be solely responsible and liable for your use of the Service, including but not limited to, buying, selling, transacting, and communicating on the Service. All forms of interaction must follow our Community Guidelines.

  1. Follow the Agreement and the Law

In connection with using and/or accessing the Service, you agree to comply with this Agreement and all applicable laws, rules, and regulations. Without limiting the foregoing, you will not do any of the following in connection with your use of the Service:

  • provide any User Content (as defined below in Section 6), Posts (as defined below in Section 6) or otherwise that are unlawful, harmful, violent illegal, infringing on third party rights, false, misleading, fraudulent, pornographic, libelous, invasive, encouraging money laundering, gambling, or any other unlawful or unwarranted behaviour, or otherwise fail to comply with our Community Guidelines;
  • violate any law, rule, or regulation, including any anti-spam, personal information protection, privacy or other restriction, as determined by Double R Rodeo Gear Consignment, to the extent permitted by law, in its sole discretion, that may be applicable to your use of the Service;
  • create any derivative works of, modify, or reverse engineer any part of the Service;
  • interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying our Service or damage, disable, overburden, put unreasonable load on, or otherwise impair the functioning of the Service infrastructure or the networks connected to the Service;
  • promote any illegal activity or enterprise;
  • stalk, harass, bully, impersonate or solicit information unrelated to a listed Item from anyone;
  • copy, scrape, harvest, crawl or use any technology, software or automated systems to collect any information or data for the Service;
  • sell or transmit anything you do not have a right to sell or transmit under law or existing relationship;
  • pose a privacy or security risk to the Service or any User;
  • infringe anyone’s intellectual property such as by posting counterfeit products for sale through the Service;
  • spam any Users with email, junk mail, fraud, schemes, or the like;
  • collect or harvest any information or data from Double R Rodeo Gear’s systems or attempt to decipher any transmission to or from the servers running the Service;
  • use the contact information of any User of the Service (including Buyers) for any purposes other than in relation to: (a) receiving the Service; and (b) any transactions between Users;
  • use the Service in any way that is contrary to Double R Rodeo’s public image, goodwill, or reputation;
  • express or imply that any of your statements, activities or causes are endorsed by Double R Rodeo Gear, without Double R Rodeo Gear’s prior written consent in each instance. Notwithstanding the foregoing, a Seller will be entitled to make a factual reference which states that the Seller sells its Items on the Service. All other references (including any commentary on the factual reference mentioned above) will be subject to Double R Rodeo Gear’s prior written consent in each instance;
  • create multiple accounts to evade punishment or avoid restrictions;
  • transmit or upload viruses, worms, or interfere with the Service; and/or
  • take any action or inaction which Double R Rodeo Gear, in its sole judgement, believes is questionable or could cause harm or liability.

Double R Rodeo Gear may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, Content, or Users, including termination of your Account and/or preservation of such information for investigative purposes. Enforcement of this Section 4 is solely at Double R Rodeo Gear’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

  1. Share Your Thoughts and Ideas

We appreciate your thoughts and ideas. You acknowledge and agree that any comments, suggestions, ideas, feedback, or other information about the Service (“Feedback”) provided by you to Double R Rodeo Gear will not be confidential or proprietary, and Double R Rodeo Gear shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  1. Your Use of Mobile Devices and Other Third Party Software

You can access the Service through a mobile device, but you will be responsible for any associated fees from your wireless provider. If you use any third-party software, including, Apple software, in connection with the Service, then you must comply with such third party’s terms and conditions.

  1. Your Responsibility for Mobile Fees and Costs

When you access the Service through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You are solely responsible for your use of the Service on your mobile device and your adherence to your wireless provider’s terms and conditions.

  1. Your Content

You are responsible for the Content (as defined below) you post through the Service and represent that you own the Content or have the right to use the Content. While you continue to own all your Content, you license the Content to us for our use, including to operate the Service and for our marketing purposes.

  1. Your Content is Your Responsibility

You are solely responsible all information, descriptions, pictures, listings, text, music, videos, streaming video, media, comments, messages, sales, purchases, and any other materials (“Content”) that you upload, post, publish, transmit, display, and/or submit (“Post”) to or through the Service (such Content Posted by Users, excluding Account Information, is referred to as “User Content”). You are solely responsible for all of your User Content, and you understand and agree that all User Content can be shared with other Users and third parties in Double R Rodeo Gear’s sole discretion. Double R Rodeo Gear has no control over or liability for how other Users may use your User Content.

  1. You License Your Content to Us

By Posting any User Content, you hereby represent and warrant that you have sufficient rights in the User Content to grant us the below license. By Posting any User Content, you hereby grant to Double R Rodeo Gear and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of, and otherwise use in any manner, as determined by Double R Rodeo Gear, your User Content in connection with (i) the operation of the Service or any other products or services of Double R Rodeo Gear Consignment or (ii) the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed, including publishing your User Content on the Internet or Third Party Services (e.g. Facebook, Twitter, Instagram, blogs, etc.) and allowing other Users to share listings that include your User Content.

  1. Your Content Must Not Infringe Intellectual Property Rights

You further represent and warrant that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. While we are not obligated to review any User Content posted by our Users on our Service, we reserve the right to review any User Content, with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We may refuse to accept or display the User Content, and we may remove or delete all or any portion of the User Content at any time in our sole discretion, with or without cause. Double R Rodeo Gear will not be responsible for any User Content, including the accuracy, usefulness, safety, or intellectual property rights of or relating to any User Content.

You may be exposed to User Content that you find inaccurate, offensive, indecent, or otherwise objectionable, and you waive any legal or equitable rights or remedies you have or may have against the Double R Rodeo Gear Parties (as defined in Section 11) with respect to such User Content.

  1. Your Content Is Public

You understand and agree that (i) the User Content you Post is not confidential and will be treated as non-confidential; (ii) your User Content may be publicly viewable and will be accessible and viewed by third parties; and (iii) Double R Rodeo Gear will not be liable for any treatment of your User Content as public and non-confidential or for the use of your User Content by third parties. You waive all claims with respect to confidentiality of any User Content. If you do not want your User Content to become public and non-confidential, you must not use the Service.

  1. Our Intellectual Property Rights

We own our intellectual property. You may only use the Service as authorized in this Agreement and you may not copy, modify, or otherwise use our name and logo.

Double R Rodeo Gear retains all rights to our intellectual property. This includes the Service Content (as defined below) as well as the Double R Rodeo Gear name, logos, product or service names, slogans, trade dress, and any other Double R Rodeo Gear trademarks or service marks (“Double R Rodeo Gear Trademarks”). Other than Third Party Content (as defined below), all Content on the Service including its look and feel (“Service Content”) is owned by Double R Rodeo Gear or its licensors and is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Double R Rodeo Gear retains all rights to our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content unless explicitly authorized by this Agreement. Any use of the Service, including the Service Content, other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Double R Rodeo GearTrademarks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by Double R Rodeo Gear. Other company, product, and service names and logos used and displayed via the Service are the property of their respective owners. Reference to any products, services, processes, or other information by company, product, or service names and logos does not constitute or imply endorsement, sponsorship, or recommendation by us.

  1. Intellectual Property Complaints

You may notify us if you believe your work has been infringed on the Service.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others.

If you believe that anything on our Service infringes any of your intellectual property rights, including copyright that you own or control, please notify our designated agent at:

Designated Agent:

Legal

Double R Rodeo Gear

Address:

545 Hwy 9, RR #2

Mildmay, ON N0G 2J0

E-Mail Address:

info@rodeogear.ca

If you are submitting a notice under the DMCA, please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our services is infringing, you may be liable to us for certain costs and damages.

  1. Third Party Services and Content

You may access or use services or content by third parties when using our Service. Double R Rodeo Gear is not responsible for such third party services or content, and third party services will be governed by such third parties’ terms and conditions and policies.

  1. Your Access to Services of Third Parties

The Service may enable you to access certain services that are offered by third party service providers, including through links to third party sites, video, email, telephone communication, and/or other offers outside of the Double R Rodeo Gear platform (“Third Party Services”). For example, social networks you connect your Account to under the Sharing Settings page are Third Party Services. Your dealings and correspondence with third parties and your use of or interaction with any Third Party Services are solely between you and the third party. Double R Rodeo Gear does not control or endorse, and makes no representation or warranties regarding, any Third Party Services, and your access to and use of such Third Party Services is at your own risk. The terms of this Agreement and the Double R Rodeo Gear Privacy Policy do not apply to your use of any such Third Party Services. You are solely responsible for your access and use of such Third Party Services. You should review any applicable terms and/or privacy policies of any Third Party Services before using or sharing information with any Third Party Services. Double R Rodeo Gear may suspend or terminate your ability to access Third Party Services through the Services at any time with or without notice.

The Service may provide you with access to YouTube through an application programming interface, or API. To the extent you access or use YouTube's services through the API you acknowledge and agree to abide by, the YouTube Terms of Service.

  1. Third Party and User Content

The Service contains images and descriptions posted by third parties or other Users (“Third Party Content”). Content you access through Third Party Services is also Third Party Content. You acknowledge that Third Party Content may be protected by copyright, patent, trademark, trade secret, and/or other proprietary rights and laws. You agree not to copy, modify, scrape, distribute, create derivative works, or otherwise use the Third Party Content for any purpose other than as explicitly authorized in this Agreement.

Double R Rodeo Gear will not be liable for the Third Party Content or any errors, omissions, inaccuracies, infringement, loss, or damage of any kind related to the Third Party Content. You acknowledge that Double R Rodeo Gear has no obligation to review, screen, inspect, and/or remove any Third Party Content on the Service. However, Double R Rodeo Gear reserves the right to review, screen, inspect, and/or remove any Third Party Content at our sole discretion. You agree that you assume all the risk associated with the use, reliance, condition, accuracy, completeness, or usefulness.

  1. Your Purchases and Sales

Buying and selling Items through the Service includes risk, fees, and taxes. Double R Rodeo Gear prohibits certain items from being sold and only allows returns in limited circumstances.

  1. Your Risk

You assume certain risks in using a marketplace service such as Double R Rodeo Gear Consignment. Double R Rodeo Gear is not a participant in and provides no warranty for any transaction between a buyer and a seller, and Double R Rodeo Gear Consignment does not take title of any Items. You acknowledge and agree that Double R Rodeo Gear Consignment will not be considered a buyer or seller in any transaction conducted through the Service and that Double R Rodeo Gear Consignment is not an auctioneer, consignee, or a shipping carrier. When acting as a Buyer or Seller, you assume all of the risks of selling or purchasing Items through the Service.

  1. Sellers

As a Seller, you agree to only Post Items that you have all rights necessary to sell and to describe such Items truthfully, accurately, and completely. Our Seller Policy (which is incorporated by reference into the Agreement) further describes the Seller rights, responsibilities, and fees.

  1. Buyers

As a Buyer, you are solely responsible for reading and reviewing an Item’s listing before making an offer for an Item or purchasing an Item. Our Buyer Policy (which is incorporated by reference into this Agreement) further describes Buyer’s rights and responsibilities. Buyers are responsible for all fees as described in the Buyer Policy.

  1. Fees

You can register for the Service for free, but Double R Rodeo Gear will charge certain fees for various transactions you may complete through your use of the Service and for certain other services Double R Rodeo Gear may provide as set forth in our Fee Policy. All amounts are quoted in Canadian dollars unless otherwise stated.

  1. Fee Modifications

We may change or discontinue, temporarily or permanently, some or all fees for the Service at any time. Such changes will be effective upon our revision of the Fee Policy. Any changes to Fees applicable to or payable by Consumer Users will be subject to notice in accordance with Section 17 of these Terms.

  1. Prohibited Items

Double R Rodeo Gear prohibits the listing or sale of any item that is described in our Prohibited Items Policy (which is incorporated by reference into this Agreement), including items that are illegal to sell or violate the rights of third parties such as counterfeit items.

Please refer to our Authentication Policy for further information on what steps Double R Rodeo Gear takes to help avoid the sale of counterfeit items through the Service and the remedies buyers have in connection with counterfeit items. The brands sold on Double R Rodeo Gear Consignment are not affiliated with Double R Rodeo Gear and our team members that assist in providing additional verification service are not affiliated with or certified by any brand sold on Double R Rodeo Gear.

If after reviewing an item, we have concerns about its authenticity or that it otherwise constitutes a prohibited Item, we may, in our sole discretion, cancel the order. In such cases, we will provide a refund for the full cost of the item and any accompanying shipping costs to the Buyer. Such refund will be the Buyer’s sole remedy for the cancelled order. Sellers will not receive earnings from orders cancelled in accordance with this paragraph. Sellers acknowledge and agree that if such items are in the possession of Double R Rodeo Gear, Double R Rodeo Gear may determine, in its sole discretion, whether to return, retain, destroy or dispose of such cancelled item. If such items are returned to Seller, Seller agrees not to attempt to relist or resell the item through the Service.

  1. Purchases

Buyers accept the price offered by a Seller and purchase the Item, or Buyers may make an offer to Sellers to purchase Items from Sellers. Once an offer has been accepted by the Seller, it will be considered a purchase and a binding contract between the Buyer and Seller. The contract to purchase will be between Buyer and Seller and not between either party and Double R Rodeo Gear.

Upon purchasing an Item, a Buyer must remit payment to Double R Rodeo Gear for that Item, including any listed shipping or additional fees. Double R Rodeo Gear is not an auctioneer, a Seller or a shipping carrier.

Double R Rodeo Gear may delay any purchase for purposes of fraud detection or to protect Users from other illegal or wrongful activities. All purchases are final with no returns, refunds, cancellations, or retractions allowed, except where (i) the Buyer cancels an order within three (3) hours of purchase; (ii) the purchase has been cancelled when explicitly permitted by Double R Rodeo Gear or if applicable, a Seller; or (iii) the listing expressly indicates the availability of returns.

  1. Payments

Buyers may pay for Items only by using payment methods approved by Double R Rodeo Gear, and Double R Rodeo Gear will receive such payment from the Buyer on behalf of the Seller. By submitting payment information through Double R Rodeo Gear, you authorize Double R Rodeo Gear to securely store that information and charge you for any Items purchased along with all associated taxes, shipping, and other fees. Double R Rodeo Gear reserves the right to request additional information for the purposes of completing any transactions, identity verification, fraud prevention, and any other regulatory and compliance purposes. Funds received by Double R Rodeo Gear from a transaction may, subject to the Fee Policy and your ongoing compliance with Section 18(a), be redeemed by Seller through Double R Rodeo Gear’s permitted third party payment provider(s) or used by the Seller to purchase items listed by other Sellers through the Service.

  1. Taxes

Transactions conducted through the Service may be subject to applicable taxes in your jurisdiction which Double R Rodeo Gear will collect from Buyers on behalf of Sellers where legally obligated to do so. In the event Double R Rodeo Gear collects taxes as legally obligated, Double R Rodeo Gear will remit such taxes to applicable taxing authorities on behalf of Sellers. The listed prices for Items do not include taxes, but the taxes will be displayed before a Buyer confirms the purchase. Taxes may be estimated based on offers made on Items but remain subject to change if the final sale price differs from the original offer. Taxes are based on several factors, including price, location, and province, territory, federal applicable rates at time of purchase. Although we may assess estimated taxes upon purchase or sale, you will be ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where Double R Rodeo Gear does not collect taxes on your behalf.

  1. Shipping

Buyer is responsible for paying for shipping fees as described in our Shipping Policy (which is incorporated by reference into this Agreement).

Double R Rodeo Gear will provide Seller with a prepaid shipping label (“Label”) as detailed in our Shipping Policy. Our Shipping Policy further describes Sellers’ shipping responsibilities. Double R Rodeo Gear reserves the right to discontinue providing Labels to any or all Users at any time and for any reason.

  1. Returns

Double R Rodeo Gear may allow you to return an Item in limited circumstances. Please see our Return Policy (which is incorporated by reference into this Agreement) for more details.

  1. Limitation of Liability and Warranties

We provide the Service on an “as-is” basis and make no other warranties or representations with respect to the Service or your use of the Service. We have no liability for certain types of damages and limit our liability for certain types of damages.

  1. Warranty Disclaimer

YOU UNDERSTAND THAT YOUR USE OF THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, WILL BE AT YOUR SOLE RISK AND THAT DOUBLE R RODEO GEAR PROVIDES THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, DOUBLE R RODEO GEAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT REGARDING THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR ANY THIRD PARTY SERVICES, MATERIALS, OR ITEMS THAT MAY BE ACCESSED OR PURCHASED THROUGH THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOUBLE R RODEO GEAR MAKES NO WARRANTY THAT (1) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE COMPLETE, ACCURATE, OR RELIABLE; OR (4) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

DOUBLE R RODEO GEAR MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE ITEMS OFFERED OR SOLD THROUGH THE SERVICE, INCLUDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF SUCH ITEMS, THE TRUTH OR ACCURACY OF ANY LISTINGS, OR THE ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT DOUBLE R RODEO GEAR CANNOT PROVIDE AN ABSOLUTE GUARANTEE OF THE AUTHENTICITY OF AN ITEM, BUT RATHER, IT IS A PROMISE THAT THE ITEM HAS PASSED THE REQUIREMENTS OF OUR AUTHENTICATION PROCESS (AS DESCRIBED IN OUR AUTHENTICATION POLICY). RECEIVING A REFUND UNDER THE POLICY IS A BUYER’S SOLE REMEDY FOR ANY ITEM THAT IS DETERMINED NOT TO BE AUTHENTIC OR OTHERWISE NOT AS DESCRIBED.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL DOUBLE R RODEO GEAR, OUR SUBSIDIARIES AND AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS AND EMPLOYEES (THE “DOUBLE R RODEO GEAR PARTIES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR LOST PROFITS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER OR NOT A DOUBLE R RODEO GEAR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT; TORT INCLUDING NEGLIGENCE OR OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE DOUBLE R RODEO GEAR PARTIES TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO DOUBLE R RODEO GEAR CONSIGNMENT AS A SELLER IN THE SIX (6) MONTHS PRIOR TO THE APPLICABLE CLAIM OR (2) ONE HUNDRED CANADIAN DOLLARS (CDN $100).

THE LIMITATIONS OF THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF THE DOUBLE R RODEO GEAR PARTIES OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, you may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.

  1. Indemnification (for Business Users only)

If we get sued because of something you did, then you agree to defend and indemnify us.

To the maximum extent permitted by applicable law, you agree to release, indemnify, and hold harmless, and upon Double R Rodeo Gear’s request, defend the Double R Rodeo Gear Parties from any legal claims, demands and damages (including reasonable attorney fees) that arise from (i) your actions or inactions; (ii) your use or misuse of our Service; (iii) your breach of the Agreement; (iv) your or your Account’s violation or infringement of someone else’s privacy or intellectual property rights; or (v) your violation of applicable laws.

  1. Disputes with Double R Rodeo Gear - Arbitration (for Business Users only)

We hope to resolve any disputes with you amicably, so we strongly encourage you to first contact our support team at info@rodeogear.ca. If you are a Business User, any unresolved dispute will be settled by binding arbitration.

All disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, will be administered by administrator of Double R Rodeo Gear’s choosing and be finally resolved by a single arbitrator. The place of arbitration shall be Ontario. To the fullest extent permitted by law, the language of the arbitration will be English.

  1. Governing Law and Venue

This Agreement and any disputes between you and us will be governed by the laws of the Province of Ontario, and any disputes not subject to arbitration must be filed in the courts located in Ontario.

  1. For Business Users

The laws of the Province of Ontario will govern these Terms without regard to its conflict of law provisions, and You agree to the personal and exclusive jurisdiction of and venue in the provincial courts in Ontario and waive any objection to such jurisdiction or venue.

  1. For Consumer Users

The laws of your province or territory of residence will govern these Terms without regard to its conflict of law provisions, and You agree to the personal and exclusive jurisdiction of and venue of the courts of competent jurisdiction in such province or territory.

  1. Disputes with Other Users

You will be responsible for your interactions with other Users, and you release Double R Rodeo Gear from any liability or responsibility arising out of disputes with other Users.

We encourage Users to resolve disputes with one another amicably. You are solely responsible for your interactions with other Users, including any purchase or sale transactions. Double R Rodeo Gear has no obligation to resolve disputes between Users, but Double R Rodeo Gear reserves the right to attempt to help Users resolve disputes. You release Double R Rodeo Gear from any claims, demands, and damages arising out of any disputes with other Users. We will not be acting as an arbitrator in relation to any dispute between any Users, and either party to a dispute will be entitled to pursue legal action at any time.

  1. Suspending, Terminating, or Modifying your Access

You may terminate your Account at any time. We may suspend or terminate your access to the Service or your Account at our discretion, including if we suspect you are engaging in fraud, abuse, or illegal activity.

  1. Termination of your Account by You

You may terminate your Account at any time.

  1. Suspension or Termination of your Account by Us

We may suspend or terminate a User’s Account at our discretion without explanation, notice, and liability to Double R Rodeo Gear, including removing and discarding any Items or Content within the Service, for any reason and at any time. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.

  1. Suspension, Termination, or Modification of the Service

Double R Rodeo Gear may suspend, terminate, or modify the Service with or without notice and for any reason, including (i) to hold funds, pending any investigations or other activity necessary to deter fraud; (ii) to address potential illegal activity; or (iii) to otherwise comply with applicable laws and regulations.

  1. Effect of Suspension or Termination

The Service will not be accessible or available to Users whose Accounts have been temporarily or permanently suspended or terminated. Any attempts to circumvent any suspensions, terminations, or other enforcement actions by Double R Rodeo Gear are strictly prohibited and may result in additional actions against you and any other users facilitating such circumvention. This includes, but is not limited to, creating new or duplicative accounts or continuing to access the Service from another User’s Account.

Double R Rodeo Gear will have no liability to you or any third party for any suspension or termination of your Account or for any suspension, termination, or modification of the Service.

  1. Changes to This Agreement

We may update this Agreement at any time by posting updated Terms. You will be responsible for reviewing the updated Terms. If you do not agree to the updated Terms, then you may not continue to use the Service.

We may update this Agreement, and all related Policies, from time to time by posting updated Terms on the Service. When we make changes to the Terms, we will update the above “Effective Date.” We may provide you additional notice of the changes through the Service or email. Changes will be effective upon posting unless otherwise stated. You are responsible for reviewing the changes, and your continued use of the Service constitutes your acceptance of the updated Terms and the amendment of the Agreement. If we make any material changes, we will notify you in the following ways if you are a Seller or a Buyer:

  1. If you are a Seller, the following applies to you:
  1. Subject to Section 17(a)(iv), Double R Rodeo Gear may update these Terms, and all related Policies, by providing no less than thirty (30) days' advance notice to the Seller in writing (the "Change Notice"), save that if the amendments or additions require the Seller to make technical or commercial adaptations, Double R Rodeo Gear will provide the Seller with such longer notice period, if necessary, as is reasonable in the circumstances (the "Extended Notice Period").
  2. If you disagree with any amendments, you may terminate this Agreement by contacting us before the expiry of the Change Notice. If you choose to terminate this Agreement in this context, such termination shall take effect within thirty (30) days from the receipt of our notice to you. There is no penalty for terminating in this context.
  3. You may waive your right to terminate by means of a written statement or clear affirmative action after receipt of the Change Notice. By continuing to use the Double R Rodeo Gear platform after receipt of the Change Notice, unless you have indicated your intention to terminate or if the Extended Notice Period applies, then you shall be deemed to have waived your termination right under this section.
  4. The requirement for Double R Rodeo Gear to provide advance notice for any amendments or additions to this Agreement under this Section 17 will not apply where:
  1. Double R Rodeo Gear is subject to a legal or regulatory obligation which requires it to change this Agreement in a manner which does not allow Double R Rodeo Gear to respect the notice period referred to in Section 17(a)(ii); or
  2. Double R Rodeo Gear has exceptionally changed this Agreement to address an unforeseen and imminent danger related to defending the Double R Rodeo Gear Services, the Double R Rodeo Gear platform or the users of Double R Rodeo Gear from fraud, malware, spam, data breaches, or other cybersecurity risks.
  1. If you are a Consumer User, the following applies to you:
  1. If you have registered an Account with us we will provide you with at least thirty (30) days' advance notice of any such changes (unless the change is due to a change in law or for security reasons, in which case we may need to effect the change on shorter notice).
  2. If you disagree with any of the changes, you may terminate this Agreement in accordance with your termination rights set forth in the ‘Termination’ section of this Agreement. There is no cost or penalty for terminating in this context.

Please check this Agreement regularly to ensure that you understand the terms and conditions that apply at the time that you access and use the platform and/or Service. You can check the "Last Updated" date at the top of this page to see when the latest version was updated.

  1. Miscellaneous

This section describes certain other rights and responsibilities you have under the Agreement.

  1. Trade and Economic Sanctions and Export Controls

The Service may be subject to economic and trade sanctions and export control laws in your applicable jurisdiction. You agree that you will not violate such laws, including any requirements applicable under the Export and Import Permits Act (Canada), and that you will be solely responsible for any such violation to the extent permitted by law. You represent that neither you, any business you represent, nor any beneficial owner of you or your business are: (i) a citizen or resident of a geographic area in which access to or use of the Service Is prohibited by applicable law, decree, regulation, treaty, or administrative act; (ii) a citizen or resident of, or located in, a geographic area that is subject to Canadian or other sovereign country sanctions or embargoes; or (ii) an individual, or an individual employed by or associated with an entity, subject to Canadian export control laws and regulations or other economic sanction rules of any sovereign nation, or otherwise ineligible to receive items under applicable law. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Service.

  1. Electronic Communication and Documentation

When you use the Service or send us communications, you agree to communicate with us electronically. This Agreement and any other documents referenced in the Agreement will be considered a “writing” or “in writing” to comply with applicable legal requirements and will be legally enforceable between the parties. Printed versions of this Agreement and the referenced documents will be admissible in any legal proceeding. For clarity, mere use of the Service does not constitute electronic communication.

  1. Severability and No Waiver

The unenforceability of any provision of this Agreement will not affect the enforceability of any other provision. If any provision is found to be void, invalid, or unenforceable, then it will be revised and interpreted to accomplish the objectives of such provision to the extent possible under applicable law, and the remaining provisions will continue in full force and effect. Our non-enforcement of any provision of this Agreement or under applicable law will not be construed as our waiver of any enforcement rights under the same or different circumstances at any time in the future. We reserve all rights under applicable law.

  1. Headings and Interpretation

The headings and sub-headings in this Agreement are included for reference purposes only and will not affect the meaning or interpretation of this Agreement in any way. The words “include,” “includes,” or “including” will be deemed to be followed by “without limitation.” This Agreement will be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party.

  1. Language (for users in the Province of Quebec)

You acknowledge and agree that a French version of these Terms and related documents has been made available to you and that you have expressly requested to be bound by the English version. Vous reconnaissez et convenez qu’une version en langue française des présentes Conditions d’utilisation et de tous les documents qui s’y rapportent vous a été remise et que vous avez expressément requis d’être lié par la version en langue anglaise.

  1. Our Notices to You and Contact Information

This section describes how and where Double R Rodeo Gear and you may contact each other.

Notices

You agree that we will provide notices and messages to you within the Service or if required, via email or regular mail. You may provide Double R Rodeo Gear notice, and such notice will be deemed provided once received by Double R Rodeo Gear, addressed via mail to the address noted in the below “Contact Us” section.

Contact Us

Please contact us with any questions or comments about the Service at:

Double R Rodeo Gear
545 Hwy 9, RR #2
Mildmay, ON N0G 2J0
info@rodeogear.ca

If you have any questions about these Terms or would like to report a violation of these Terms, please contact us at info@rodeogear.ca.