General terms & conditions

This website is operated by Rat River Outdoors. The terms “we”, “us”, and “our” refer to Rat River Outdoors. The use of our website (the “Site”) is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of the Site. The Terms apply to all users of the Site, including and without limitation, users who are browsers, customers, merchants, vendors, and contributors of content. If you access this Site, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms, you are not authorized to access the Site, or use any of the Site’s services.

 

DUE DILIGENCE

Rat River Outdoors does not warrant the accuracy of any advertisements or information posted on the Site by third parties. 

 

INTERFERENCE

You will not use any electronic process to monitor or copy our web pages, to register for an account or for any other unauthorized purpose without our prior express written permission. You agree to not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site and you agree that you will not take any action that imposes an unreasonable or excessive demand on the resources of our servers.

 

TRADEMARK

Rat River Outdoors, the Rat River Outdoors logo and other trademarks and design marks, are trademarks and registered trademarks of Rat River Outdoors. All other product, brand, and company names and logos used or mentioned on the Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on the Site or any of the Services, without the express written consent of the owner of the trademark, is strictly prohibited.

 

ERRORS AND OMISSIONS

The Site may contain inaccuracies or typographical errors and may not be current or complete. We reserve the right to correct any errors, inaccuracies or omissions and to modify or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability, and we reserve the right to refuse or cancel any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on the Site, except as required by law.

 

JURISDICTION

Rat River Outdoors makes no representation or warranty that the Site is appropriate or available for use at any location outside Canada. If you access the Site from outside Canada, you are responsible for compliance with all applicable laws. These terms and conditions shall be interpreted, construed and governed by the laws in force in the Province of Manitoba, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles.

Subject to the arbitration provision below/above, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Manitoba, and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms and conditions.

 

LIMITATION OF LIABILITY

Rat River Outdoors makes no warranty about the condition of used items or items sold on consignment by Rat River Outdoors. These items are sold-as-is and Rat River Outdoors is not responsible for the functionality, suitability, or condition of these items.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to $500.

 

LIMITATION OF ACTION

The previous notwithstanding, you agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to the use of the Site or related to the terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

NO WAIVER

Rat River Outdoors may assign these terms and conditions, in whole or in part, at any time. Rat River Outdoors’s failure to insist upon or enforce strict performance of any right or provision of the terms and conditions shall not constitute or be construed as a waiver of any right or provision.

 

ARBITRATION

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these terms and conditions, your use of the Site or the relationship which results from these terms and conditions, including without limitation, the performance, breach, enforcement, and the existence or validity of these terms and conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Winnipeg, Manitoba in English and governed by Manitoba law pursuant to The Arbitration Act, (Manitoba), as amended from time to time. The arbitrator shall be legally trained, experienced in real estate law in Canada, and independent of either party. Any such Claim shall be arbitrated on an individual basis. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of the courts.

 

SEVERABILITY

If any of the provisions (or parts thereof) contained in the terms and conditions, as amended from time to time, are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein which shall remain in full force and effect and shall be construed as if the invalid provision had been omitted.

 

WHOLE AGREEMENT

These terms and conditions constitute the entire agreement between Rat River Outdoors and you pertaining to your use of the Site and, except as specifically set forth herein, supersede any prior agreements between you and Rat River Outdoors relating to the Site.

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