WEBSITE TERMS OF USE

These Terms of Use govern your access and use of eddiebauer.ca (the "Site"). The Site is provided by Eddie Bauer of Canada Corporation ("Eddie Bauer" or "We").

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS OF USE TOGETHER WITH ALL POLICIES ON THE SITE (COLLECTIVELY, THE "TERMS OF USE"). IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO A DISPUTE YOU MAY HAVE WITH THE EDDIE BAUER.
 

Privacy Policy Statement
We respect the privacy of our customers and encourage you to read our  Privacy Policy Statement so that you may make an informed decision about using the Site.
 

Copyright
Copyrighted and copyrightable materials on the Site, including, without limitation, the design, text, technical documentation, manuals, product information, graphics, images, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are protected under the copyright laws of Canada and other countries. None of the content or Materials found on the Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Eddie Bauer and/or the applicable licensors. You are granted a limited, non-sublicensable right to access this Site and print the Materials for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to:

• publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
• market, sell or make commercial use of this Site or any Materials;
• systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
• make derivative uses of this Site or the Materials; or
• use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Eddie Bauer or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
 

Trademarks
Eddie Bauer © , www.edddiebauer.ca, the Eddie Bauer logo, and any proprietary product or service names contained in the Site are either trademarks or registered trademarks of Eddie Bauer, or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Eddie Bauer. Page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Eddie Bauer, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Eddie Bauer. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
 

Patents
One or more patents owned by Eddie Bauer or licensors may apply to the features and services accessible via the Site, including without limitation, U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.
 

Customer Communications
We welcome your comments and feedback. Please be aware that communications and comments submitted to the Site are non-confidential.

Eddie Bauer enables visitors to the Site to provide Eddie Bauer with feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant Eddie Bauer a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation and you waive any and all moral rights in the Customer Content.

You are prohibited from contributing, posting or transmitting to this Site any infringing, unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
 

Product Availability
Many of the products displayed on the Site are also available through our catalogs and retail stores. Extended sizes that are available online may not be available in retail stores. Prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include GST, PST, QST or HST.
 

Accuracy
Eddie Bauer has attempted to match online prices to those in store; however online prices, products, service selection and availability, and sale effective dates may differ from those in store and may vary by geographic region. Due to differences in sale effective dates across the country, items may be available online at the sale price before they are available in store. Market conditions may cause prices and availability to change without further notice. Due to special promotions and sales, items in your shopping cart may have a different price from the price displayed on the product page when it was first placed in your cart.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted an order). In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order.

Additionally, although great care is taken in the production of the Site, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time. Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an item displayed.

Eddie Bauer reserves the right to limit quantities; reject, correct, cancel or refuse orders; and to terminate accounts, in its discretion, including, without limitation, if Eddie Bauer believes that customer conduct violates applicable law or is harmful to the interests of Eddie Bauer or any third parties.
 

Links to Other Sites
Periodically, links may be established from this Site to one or more external websites or resources operated by third parties ("Third Party Sites"). These links are provided for your convenience only and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the Third Party Site or any information contained therein. In addition, some Third Party Sites also may provide links to the Site. None of such links should be deemed to imply that Eddie Bauer endorses the Third Party Sites or any content therein. Eddie Bauer does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Site.
 

SITE DISCLAIMER
EXCEPT AS EXPLICITLY PROVIDED IN THESE TERMS OF USE AS AMENDED FROM TIME TO TIME, EDDIE BAUER, ITS OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE AND/OR ANY CONTENT PROVIDED ON THE SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EDDIE BAUER, ITS OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF THE OPERATION OF THE SITE, OR ANY OF THE CONTENT OR DATA FOUND ON THE SITE AND EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS IN RESPECT OF THE SITE, ITS CONTENT OR DATA, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURT OF DEALING USAGE OF TRADE.

Eddie Bauer and its officers, directors, shareholders and employees are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

Eddie Bauer and its officers, directors, shareholders and employees assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any materials, data, text, images, video or audio from the Site.
 

LIMITATION OF LIABILITY
IN NO EVENT SHALL EDDIE BAUER OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR THE CONTENT HEREIN, THE OPERATION OF THE SITE, OR ANY FAILURE OR DELAY IN THE OPERATION OF THE SITE (INCLUDING, BUT NOT LIMITED TO THE INABILITY TO USE ANY COMPONENT OF THE SITE FOR PURCHASES) EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EDDIE BAUER (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO EDDIE BAUER FOR ACCESS TO OR USE OF THIS SITE.
 

Indemnification
You shall indemnify and save harmless Eddie Bauer and third parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Site.
 

Changes and Modifications
We reserve the right to change or modify any of the Terms of Use at any time and in our sole discretion. If we decide to change our Terms of Use, we will post a new version on our Site and update the date. Any changes or modification will be effective upon posting of the revisions. Your continued use of this Site following the posting of the changes or modifications will constitute your acceptance of such changes or modifications. You should frequently review these Terms of Use (including its date) and applicable policies from time-to-time to understand the Terms of Use that apply to your use of the Site.
 

Dispute Resolution
Our first objective is to satisfy our customers, and so we hope to never have a dispute with you. But if we can't avoid a dispute, you and we agree to try for 60 days to resolve it by agreement. You and we further agree that if we can't resolve our dispute by agreement within 60 days, we will submit adjudication of our dispute to binding individual arbitration, as set out below. If any part of these terms is found to be void or unenforceable under applicable law, all other parts of the terms will still apply.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim (a "Notice of Dispute") to Eddie Bauer, ATTN: General Counsel "INFORMAL DISPUTE RESOLUTION", 10401 NE 8th Street, Suite 500, Bellevue, WA 98004. After we receive the Notice of Dispute, you and we will have sixty (60) days to attempt to resolve your concerns. If our efforts are unsuccessful, you will be entitled to deliver a Notice of Arbitration to the same address set out above. If the amount in issue is less than $10,000, the hearing will be conducted by telephone unless the arbitrator decides it should be conducted in person. The arbitration will be conducted in accordance with the ADR Chambers Arbitration Rules. The law of the arbitration will be Ontario law.

This dispute resolution clause applicable to Canadian residents will be interpreted and construed under the laws of the Province of Ontario, without regard to conflict of laws rules. The Arbitration Act, 1991, S.O. 1991, c. 17, as amended, applies to a dispute related to these Terms of Use.

You also agree to waive-that is, to give up-your right to claim through a class action lawsuit, class-wide arbitration, or any other proceeding where someone acts in a representative capacity or individual claims are combined (the "Class Action Waiver"). However, we agree that if your claim is small enough that the law allows you to file it in a small claims court, you may do so instead of submitting to binding arbitration. If for any reason a claim proceeds in court rather than in arbitration, we agree to waive any right to a jury trial, and you and we agree to the exclusive jurisdiction of the courts of the Province of Ontario.

These arbitration and Class Action Waiver terms will survive the termination of these Terms of Use or your relationship with Eddie Bauer. If any or any part of this section is found to be void or unenforceable under applicable law, all other parts of this arbitration provision and of these Terms of Use will still apply, except that if the Class Action Waiver is found to be void or unenforceable in any way, all of the arbitration terms shall be deemed void and shall not apply, but all other parts of these Terms of Use terms will still apply.
 

Your Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for activities that occur under your account or password. Eddie Bauer does not offer products for sale to children under 18. We sell products for purchase by adults only. By using the Site, you are representing to us that you are 18 years old or older. Eddie Bauer will not be liable for any damages that may result from misrepresentation of age by a user of our Site. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.Login names and passwords remain the property of Eddie Bauer, and may be cancelled or suspended at any time by Eddie Bauer without any notice or liability to you or any other person. Eddie Bauer is not under any obligation to verify the actual identity or authority of the user of any login name or password. You must immediately notify Eddie Bauer of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

Login names and passwords remain the property of Eddie Bauer, and may be cancelled or suspended at any time by Eddie Bauer without any notice or liability to you or any other person. Eddie Bauer is not under any obligation to verify the actual identity or authority of the user of any login name or password. You must immediately notify Eddie Bauer of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
 

General Provisions
We reserve the right, without notice and in our sole discretion, to terminate or restrict your ability to use this Site, and to block or prevent future access to and use of the Site. These Terms of Use, including any applicable policy contained in this Site, constitute the entire agreement between you and Eddie Bauer © relating to the subject matter addressed herein.

The parties have requested that these Terms of Use and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.