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Terms And Conditions


Last updated:  27 June 2012

Thank you for visiting the Pool Cues Express website.  Please read these terms and conditions of use carefully, as they govern your use of the Pool Cues Express website.

All of the terms and conditions of use are an agreement (the "Agreement") between Pool Cues Express and you.  Your use of our site signifies your agreement to follow and be bound by this Agreement.  We reserve the right to modify this Agreement at any time and at our sole discretion without prior specific notice to you.  Any modifications to this Agreement will be posted on this website.  You should review the Agreement prior to using this website.  You will be able to tell when this Agreement was last modified by checking the "last updated" date at the top of this Agreement.  If you do not agree with all of the terms, do not use this website.

We reserve the right to refuse any order you place with us.  We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order.  These restrictions may include orders place using the same customer account, the same credit or debit card number, and/or orders that use the same postal mail, billing, or shipping address.  If we make a change to or cancel your order, we will make an effort to notify you by contacting you at the email, billing address, and/or telephone number you provided when the order was placed.  We reserve the right to limit or prohibit orders that appear in our sole judgement to be placed by dealers, resellers or distributors.

At any time we may modify, suspend or discontinue the website or any service, content, product or feature offered through the site, with or without notice.  We may charge fees in connection with the use of the site.  We may modify and/or waive any fees we may charge in connection with the site.  We may offer opportunities to some or all users of the site.  You agree that we are not liable to you or any other party for any modification, suspension or discontinuance of the site, or of any service, product, content or feature offered through the site.

All materials on the site, including text, images, illustrations, designs, icons, photographs, video clips, and any other materials present, and the copyrights, trademarks, and other intellectual property in such materials are owned, controlled or licensed by Pool Cues Express and its subsidiaries or parent company, unless otherwise noted.

The site and the contents are for personal, non-commercial use.  You may download or copy materials displayed on the site for your personal use only.  No right, title or interest in a downloaded material is transferred to you as a result of any downloading or copying.  You may not reproduce, unless noted above, publish, distribute, transmit, display, modify, prepare derivative works from, sell or use in any way any of the materials on the site.

Pool Cues Express is happy to hear from users and we are interested in your comment regarding our products and services.  We do not accept or consider creative ideas, suggestions, plans, proposals, or any type of material other than those which we may specifically request.  If for any reason you send certain specific submissions (for example a contest entry) with or without a request from us, you agree that Pool Cues Express and its affiliates may at any time and without restriction, edit, copy, publish, distribute, and use in any way in any medium at submissions you may forward.  We shall be under no obligation to maintain any submissions in confidence, pay any compensation, or respond to any submission.  We have the right, but not the obligation to monitor, edit, and/or remove any comments or submissions.

When you make a comment or submit material, you agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy or other personal right.  You also agree that your submission will not contain libellous or unlawful, abusive or obscene material and that it will not contain any computer virus or other malware that could in any way affect the operation of our website.  You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Pool Cues Express as to the origin of your submission.  You are solely responsible for any comments or submissions you make and for their accuracy and content.  We take no responsibility and will assume no liability for any comments or submissions posted by your or any third party.

Your submission of personal information to our site is governed by our Privacy Policy.  It can be accessed by clicking on the "Privacy Policy" link located in the footer section of our site.  This Agreement incorporates by reference all of the terms and conditions of the Privacy Policy.

Unless otherwise indicated, prices displayed on Pool Cues Express are in U.S. dollars.

Certain products are available online through our website.  These products may have limited quantities and are subject to return or exchange only according to the applicable return policy.

Tax charges are based on the applicable federal, provincial, and harmonized retail sales tax rates based on the delivery address associated with your order.  Where required, sales tax will be applied to the shipping and handling charges.  If an item is returned for a refund, you will receive a refund for the sales taxes paid on that item.  You will not receive a refund for the sales taxes paid on the shipping and handling charges for that item, as the shipping and handling charges are non-refundable once an item has been shipped.  If you have any questions about the sales taxes on your invoice, contact Pool Cues Express.

If you are an individual who may qualify for a tax exemption, contact us via telephone or email.  All requested forms, ID numbers, and any other information we may request must be received and verified by us before a purchase may be completed with a tax exemption.  This will ensure that we are in compliance with all applicable federal and provincial tax laws.  We may, solely at our discretion, not agree to process a tax exempt purchase.

There may occasionally be information on our site which contains typographical errors, inaccuracies, or omissions that relate to pricing, product descriptions, promotions, offers, and product availability.  We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel your order if any information on our site is inaccurate, at any time and without prior notice, including after you have submitted your order.

Every effort is made to display as accurately as possible the colors of our products that appear on our website.  We cannot guarantee that your computer monitor's display of any color is accurate.

Any contests, surveys, games, or other promotions made available through Pool Cues Express may be governed by specific rules that are separate from this Agreement, as well as the terms and conditions of this Agreement.  When you participate in a contest or promotion, you will be subject to those rules, which may vary from the terms and conditions of this Agreement.   To the extent that the terms and conditions of such rules conflict the this Agreement, the terms and conditions of such rules shall apply.

Pool Cues Express may contain links to other websites that are not under our control or the control of our affiliates.  We have no responsibility for the linked websites, nor does linking constitute an endorsement of any linked website.  Links are provided solely for your convenience and information.

You are solely responsible for maintaining the confidentiality of your password and user account information.  It is your responsibility to notify us in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or disclosure or your or anyone else's password or account information.  You are responsible for any and all activities which occur under your user account.  You must immediately notify Pool Cues Express of any unauthorized use.

THE CONTENT OF POOL CUES EXPRESS IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES, EXPRESS OR IMPLIES, OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  NEITHER POOL CUES EXPRESS NOR ITS AFFILIATES WARRANT THAT THE WEBSITE OR ANY FUNCTION CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE EXPRESSLY DISCLAIM ANY DUTY TO UPDATE OR REVISE THE CONTENT OF THE WEBSITE, ALTHOUGH WE MAY ALTER THE CONTENT AT ANY TIME WITHOUT NOTICE.  YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK, AND YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THIS WEBSITE.  WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHICH MAY ARISE FROM YOUR USE OF THE WEBSITE.  WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.  IF YOU CHOOSE TO ACCESS OUR WEBSITE YOU DO SO AT YOUR OWN INITIATIVE AND AT YOUR OWN RISK, AND YOUR ARE RESPONSIBLE FOR COMPLYING WITH ANY AND ALL LOCAL LAWS, RULES, AND REGULATIONS.  WE MAY LIMIT THE WEBSITES AVAILABILITY, IN WHOLE OR IN PART, TO ANY PERSON, GEOGRAPHIC AREA OR JURISDICTION WE CHOOSE, AT ANY TIME AND AT OUR SOLE DISCRETION.

YOU UNDERSTAND AND AGREE THAT POOL CUES EXPRESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF, OR RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE, THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE WEBSITE OR ANY WEBSITES LINKED TO OUR SITE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES, OR ANY OTHER MATTER RELATING TO THE SITES.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH THE USE OF THE WEBSITE.  IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE WEBSITE.

You agree to defend, indemnify and hold Pool Cues Express and its affiliates and each of their respective officers, directors, employees, shareholders, agents, and representatives harmless from and against any all and claims, damages, costs, and expenses, including legal fees, arising from or related to your use of our website and/or your breach of any representation, warranty, condition or other provision of this Agreement.

You agree to abide by the following dispute resolution procedure.  Except to the extent prohibited by applicable law, in the event of any claim, action, or dispute related to any transaction conducted on our website, or the breach, enforcement, interpretation, or validity or this Agreement, the party asserting the dispute shall first try in good faith to settle the dispute by providing written notice to the other party, by first class postal mail, describing the facts and circumstances, including copies of any relevant documentation, of the dispute and allowing the receiving party thirty days in which to respond to the dispute.  This notice shall be sent to:  Pool Cues Express, 1222 Lesperance Road, Tecumseh, Ontario, N8N 1X5; or to you at your last used billing address in your online profile.

To the maximum extent allowed by law, this Agreement shall be in accordance with the laws of Ontario and Canada, as applicable, without regard to any conflict of law provisions.  Any dispute arising under this Agreement shall by resolved before the Courts of Ontario, sitting in the City of Windsor.

The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Pool Cues Express's right to require observance of each item listed.  If any provision of the Agreement is found to be unenforceable or invalid for any reason, the provision shall be severable, and all other provisions shall remain in effect.  This Agreement constitutes the entire agreement between us relating to your use of our website.

Pool Cues Express may assign its rights and obligations under this Agreement.  The Agreement will endure to the benefit of Pool Cues Express's successors, assignees, and licensees.

These terms are effective unless and until terminated by either Pool Cues Express or you.  We may terminate this Agreement at any time without notice and may deny you access to the website, if in your sole judgement you fail to comply with any of the terms, conditions, or provisions of the Agreement.  The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.  Les parties convenient et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rdgiges en anglais.

Any rights not expressly granted in this Agreement are reserved to Pool Cues Express.

You may contact Pool Cues Express by telephone, email or postal mail using in information in the "Contact Us" tab on the website.