YETI.CA
TERMS & CONDITIONS OF USE

  1. 1. Introduction. This website www.yeti.ca (the “Site”) is owned and operated by YETI Canada Limited ("YETI", “we”, “us”, “our”) as a service to YETI’s customers. These Terms & Conditions of Use (the “Terms”) apply to your use of the Site and the products and services that are offered by YETI on or through the Site.
  2. PLEASE READ THE TERMS CAREFULLY BEFORE YOU USE OR ACCESS THE SITE.
  3. THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, LIMITATIONS AND EXCLUSIONS. ACCESS AND USE OF THE SITE AND THE PRODUCTS AND SERVICES AVAILABLE ON AND THROUGH THE SITE ARE PROVIDED BY YETI ON THE CONDITION THAT YOU ACCEPT THESE TERMS. BY ACCESSING OR USING THE SITE OR YETI’S PRODUCTS AND SERVICES AVAILABLE ON THE SITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ACCEPT AND BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE OR PURCHASE ANY OF THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE.
  4. 2. Acceptance of these Terms. You acknowledge agree that to the terms and conditions outlined in these Terms. These Terms constitute the entire and only agreement between YETI and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and any other subject matter contained in these Terms. Any terms and conditions which you include in any purchase order, confirmation of order or other document are expressly excluded. Any variation of the terms and conditions in these Terms will only be binding on YETI if agreed to in writing by you and an authorized representative of YETI. These Terms may be amended by YETI at any time and for any reason without notice to you. The most recent version of these Terms will be posted on the Site, and you should review these Terms prior to using the Site.
  5. 3. Minors. The Site is not intended for use by individuals under the age of majority. If you are under the legal age of majority in your jurisdiction of residence or if you are under the age of majority in the location from which you are using or accessing the Site, please exit the Site and do not attempt to purchase any products or services offered on or through the Site.
  6. 4. Privacy. YETI is subject to the Personal Information Protection and Electronic Documents Act (Canada) and applicable Canadian provincial privacy legislation. Privacy laws vary by jurisdiction. You acknowledge and agree that access to the Site and the purchase of any products or services through the Site is provided via the Internet and that your information, including personal information (as defined in the Privacy Policy), may be transferred across national borders and stored or processed in accordance with the terms and conditions of our Privacy Policy, which explains how we handle your personal information. These Terms incorporate YETI’s Privacy Policy by reference, which can be found here.
  7. YETI reserves the right, and you authorize YETI, to collect, use, disclose, assign and otherwise exploit all information regarding your use of the Site and all information provided by you to YETI in any manner that consistent with YETI’s Privacy Policy. This includes, but is not limited to, YETI’s right to contact you via email to verify the accuracy of account information (including your correct name and address) that is needed to provide you with the information, products or services you have requested from YETI.
  8. 5. Use of the Site and Code of Conduct. While using the Site or YETI’s products and services offered on or through the Site, you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Site and our products and services. In addition, without limiting the foregoing, you agree not to:
    • post or upload anything that (a) is violent, defamatory, abusive, bigoted, obscene, sexually explicit, hateful, harassing, threatening, or an invasion of a right of privacy of another person; (b) illegal or encourages illegal or criminal activities; (c) violates any right of a third party; (d) expresses or implies that YETI endorses your actions or statements; (e) misleads or attempts to mislead users by indicating you are an employee, contractor, partner, agent or representative of YETI; or (f) otherwise harms or can reasonably be expected to harm any person or entity;
    • attempt to, nor permit any third party to, enter restricted areas of YETI’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms;
    • download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the Proprietary IP (as defined below) contained on the Site, except in accordance with these Terms or as expressly authorized by YETI in writing;
    • violate, plagiarize or infringe on our rights or the rights of any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
    • attempt to access another user’s account, use another user’s credentials to create an account or create multiple accounts for the purpose of sale or transfer to others;
    • use the Site or YETI’s products or services for any commercial purpose or for the benefit of any third party on in any manner not permitted by these Terms;
    • remove any proprietary notices or labels on the Site or our products or services;
    • transmit any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other form of solicitation through our Site;
    • engage in any conduct which we, in our sole discretion, deem to be detrimental to our interests;
    • collect, store, or attempt to collect or store, any personal information from the Site or from other users without their express permission;
    • impersonate or misrepresent your qualifications or your affiliation with any person or entity;
    • mirror or frame any part of the Site without our express prior written consent;
    • use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent;
    • violate any applicable law or regulation; or
    • encourage or enable any other individual to do any of the foregoing.
  9. Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws and constitutes a breach of these Terms. If you have reason to believe that another person is using the Site in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate municipal, provincial, state or federal agencies. We have the right, but not the obligation, to delete any communications, content or other materials on this Site at any time without notice or liability to you.
  10. PLEASE NOTE THAT WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT: (I) THIS SITE OR ANY PORTION THEREOF, WILL BE MONITORED (E.G. FOR ACCURACY OR UNACCEPTABLE USE); (II) APPARENT STATEMENTS OF FACT WILL BE AUTHENTICATED; OR (III) WE WILL TAKE ANY SPECIFIC ACTION (OR ANY ACTION AT ALL) IN THE EVENT OF A CHALLENGE OR DISPUTE REGARDING COMPLIANCE OR NON-COMPLIANCE WITH THESE TERMS. We generally do not pre-screen any communications, content or other materials before it is posted, uploaded, transmitted, sent or otherwise made available on this Site by users, so you may be exposed to certain communications, content or other materials that is opinionated, offensive, and/or inappropriate, including content that violates the Terms.
  11. 6.  Creation of an Account. By creating an account, you confirm that the information provided is true and that you agree to abide by these Terms. If you do not agree to these Terms, you may not sign up for an account and you may not be able to use certain portions of the Site or to receive information about or purchase certain products and services. In connection with the creation of an account on the Site, you agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete.
  12. You may not use the account, username, or password of anyone else at any time. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you. You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We hereby disclaim any and all responsibility or liability for any unauthorized use of your account and shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
  13. You agree that YETI or its representatives may access your account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of: (i) any breach of these Terms; (ii) infringement of third party rights; or (iii) any unauthorized use of this Site. YETI does not intend to disclose the existence or occurrence of such any investigation unless required by law or if requested by law enforcement officials.
  14. 7. Intellectual Property.
  15. YETI’s Proprietary IP
  16. Except for public domain material and the information you submit to the Site (including your personal information such as a photo of your driver’s license), all content and material on and/or forming part of our Site from time-to-time, including all text, communications, files, URLs, information, links, graphics, audio, video, animation, logos, trademarks service marks and trade names, and the design and arrangement thereof, source code and software, and any and all accompanying data (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by YETI, its affiliates or its licensors. All rights not expressly granted to you in these Terms are reserved. Except for your use as authorized in these Terms, you may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sublicense, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the Content, in whole or in part, or authorize anyone to do any of the foregoing acts, without YETI’s express written authorization.
  17. The trademarks, service marks or logos displayed on the Site (collectively, the “Marks”) are registered and unregistered trademarks of YETI, its affiliates or of our licensors. Nothing in these Terms should be construed as granting any license to use any Marks without our express permission or permission from the applicable trademark owner. Unauthorized use of any Marks are prohibited, and may be a violation of federal and international trademark laws. You acknowledge that you do not acquire any rights, title or interest in or to the Marks by using this Site or by using the Marks in the manner authorized by these Terms.
  18. Feedback and Reviews
  19. We would love to hear from you and welcome any reviews, feedback, comments and suggestions you may have to improve our Site and the products and services we offer (“Feedback”). When you submit Feedback through the Site, you grant to YETI and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
  20. You further agree that with respect to any Feedback provided by you to us, via email or otherwise, that (i) YETI has no obligation concerning such Feedback; (ii) such Feedback is non-confidential; and (iv) such Feedback is truthful and does not violate the legal rights of others.
  21. Other User Materials
  22. Without limiting the grant of rights or your obligations with respect to the Feedback and User Submissions, you acknowledge and agree that by posting, uploading, displaying, performing, transmitting or otherwise distributing any communications, content or other materials to, on or through the Site (“User Materials”), you hereby grant to YETI and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the User Materials for any purpose. By posting User Materials on the Site, you represent and warrant that you own the rights to the User Materials or are otherwise authorized to post, distribute, display, perform, transmit or otherwise communicate the User Materials and that such User Materials do not violate any applicable laws or the rights of any person or entity.
  23. You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose property or information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of the Site and agree to obtain and maintain all such consents or permissions throughout the term of these Terms, at your sole cost and expense.
  24. 8. Protection of Intellectual Property. If you believe that material or content that resides or is accessible on or through the Site infringes a copyright, please send a notice of copyright infringement containing the following information to YETI’s designated agent:
    • contact information about the claimant including name, address and other particulars required to communicate with the claimant;
    • identification of the work or other subject matter to which the claimed infringement relates;
    • description of the claimant’s interest or rights with respect to the copyright in the work or other subject matter;
    • identification of electronic location of the infringing materials to which the claimed infringement relates, with sufficient detail so that YETI is capable of finding and verifying its existence;
    • identification of the date and time of the commission of the claimed infringement; and
    • any other information that may be prescribed under applicable laws.
  25. The notice may not contain any of the following:
    • an offer to settle the claimed infringement or reference, including by way of hyperlink, to such an offer, request or demand;
    • a request or demand, made in relation to the claimed infringement, for payment or for personal information; or
    • any other information that may be prescribed under applicable laws.
  26. If the notice is non-compliant with the foregoing requirements, YETI is not obligated to pass the notice on to the alleged infringer and to otherwise preserve that person’s identity for subsequent enforcement proceedings.
  27. If a proper bona fide infringement notice is received by the designated agent, it is YETI’s policy to (i) remove or disable access to the infringing material; (ii) to notify the content provider, member or user that it has removed or disabled access to the material; and/or (iii) discipline repeat offenders in accordance with applicable laws, by removing and/or terminating the offender’s access to or use of the Site. If the notice is non-compliant with the foregoing requirements, YETI is not obligated to pass the notice on to the alleged infringer and to otherwise preserve that person’s identity for subsequent enforcement proceedings.
  28. Notice of claims of copyright infringement should be provided to YETI via email to legal@yeti.com.
  29. Please note that this procedure is exclusively for notifying YETI that your copyrighted material has been infringed. Upon receipt of your notification, YETI will remove the infringing materials from the Site and may terminate a relationship with an allegedly offending customer but does not have the ability to collect or return allegedly infringing products.
  30. 9. Editing, Deleting and Modification.
  31. YETI reserves the right in YETI’s sole discretion to edit or delete any documents, information or other content appearing on the Site, including these Terms, without notice. Although YETI updates the information on this Site periodically, YETI does guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on the Site.
  32. WHILE YETI ENDEAVORS TO KEEP DOWNTIME TO A MINIMUM, WE CANNOT PROMISE THAT THE SITE OR AVAILABILITY OF OUR PRODUCTS SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. WE RESERVE THE RIGHT TO INTERRUPT/SUSPEND THE SITE OR THE AVAILABILITY OF OUR PRODUCTS AND SERVICES, OR ANY PART THEREOF, WITH OR WITHOUT PRIOR NOTICE FOR ANY REASON AND YOU SHALL NOT BE ENTITLED TO ANY REFUNDS OF FEES FOR INTERRUPTION OF THE SITE OR THE AVAILABILITY OF PRODUCTS OR SERVICES.
  33. 10. Payments. The prices displayed on this Site are quoted in Canadian  dollars. Fees for any products or services do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for, and shall promptly pay, same. Unless stated otherwise, note that the price of any products or services on our Site do not include shipping and handling or any applicable sales, use, excise, value-added or other taxes or duties. You are responsible for the payment of same.
  34. Although YETI will endeavor to provide you with the most accurate information regarding our products, service and pricing, typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on this Site.
  35. You represent and warrant that if you are purchasing something from YETI that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. YETI does not accept reseller or sales and use tax exemption certificates for online sales.
  36. 11. Order Modification. YETI may amend the Site and the products and services made available on the Site at any time and for any reason without prior notice to you. YETI reserves the right to limit quantities available of any products for sale or sold, for any reason, which include but not limited to: (i) limitations on the quantities of any products available for purchase; (ii) inaccuracies or errors in Product or pricing information; (iii) Product restrictions mandated by local, provincial, national or international regulations; and (iv) issues identified by our credit and fraud avoidance group.
  37. YETI reserves the right to reject or modify any order, whether or not such order has been confirmed and/or your credit card has been charged. You will be notified of any rejection or changes to your order at the email address you provided at check out. If your credit card has already been charged and any portion of your order is rejected, YETI will issue a credit to your credit card account for the amount rejected.
  38. 12. Delivery, Title and Loss. Delivery times may vary and any delivery dates or estimates are not a guarantee that any products you have ordered will be delivered on the specified date. You acknowledge and agree that (i) title and all risks associated with the loss or destruction of product passes to you upon the delivery of such products to the carrier; and (ii) YETI is not responsible and will not be liable for any losses or expenses that you may incur as a result of any delay in the delivery of your order.
  39. 13. No Resale and Personal Use Only. You acknowledge and agree that this Site and the products and services available through this Site are for personal use only. You agree that you will not, without the express written authorization of an authorized representative of YETI, resell or exploit for other commercial purposes any products or services purchased on or through this Site.
  40. 14. Return Policy. YETI’s Return Policy  is a part of this agreement. You are responsible for inspecting products promptly upon delivery.
  41. 15. Internet, Software and Computer Viruses Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site.
  42. YETI SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR YOUR DOWNLOADING OF ANY OF PROPRIETARY IP, USER MATERIALS OR OTHER CONTENT OR INFORMATION FROM THE SITE.
  43. 16. Links to Other Web Sites. The Site contains links to other websites. YETI is not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by YETI. Inclusion of any linked website on YETI’s Site does not imply approval or endorsement of the linked website by YETI. If you decide to leave YETI’s Site and access these third-party sites, you do so at your own risk. YETI SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR THE RELIANCE UPON ANY INFORMATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD PARTY WEBSITES OR LINKED RESOURCES.
  44. 17. Limitation of Liability and Disclaimer YETI's Return Policy is a part of this agreement. YETI does not accept returns of customized products that are not damaged or defective upon receipt. You are responsible for inspecting products promptly upon delivery.
  45. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, YETI’S PRODUCTS, SERVICES, PROPRIETARY IP AND ANY OTHER MATERIALS OR INFORMATION AVAILABLE ON THIS SITE.
  46. IN NO EVENT WILL YETI OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS, SUCCESSORS, ASSIGNS, VENDORS, SUPPLIERS, REPRESENTATIVES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING YETI’S PRODUCTS AND SERVICES (THE “YETI PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YETI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING IN CONNECTION WITH OR RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE SITE OR YETI’S PRODUCTS, SERVICES, PROPRIETARY IP OR ANY OTHER MATERIALS OR INFORMATION AVAILABLE ON THIS SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES RESULTING FROM ANY PRODUCTS DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON OR THROUGH THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
  47. 18. Indemnity. You agree to defend, indemnify and hold the YETI Parties harmless from any and all judgments, claims, demands, awards, losses, liabilities, costs and expenses (including but not limited to reasonable legal fees and disbursements) arising out of or in connection with any claim, demand, action or proceeding brought or threatened against the YETI Parties in connection with or arising out of (a) your use of, access to or misuse of this Site, YETI’s products, services, Proprietary IP or any other materials or information available on this Site; (b) your breach or alleged breach of these Terms; (c) your violation of any third party right, including without limitation, any intellectual property, proprietary, contractual, personality or privacy right; (c) any claim that any of your User Submissions or User Materials infringe the rights of any third party; (d) any transaction you conduct as a result of a contact linked through or facilitated by the Site; and (e) any use or misuse of your email address, username, account, password for this Site by you or any other person accessing this Site, YETI’s products, services, Proprietary IP or any other materials or information available on this Site.
  48. You acknowledge and agree that if any of the YETI Parties takes legal action against you as a result of your violation of these Terms, such YETI Party will be entitled to recover from you all reasonable legal fees and disbursements as well as the costs of such action, in addition to any other relief granted to the YETI Party.
  49. 19. Governing Law. These Terms and your use of our Site and Products shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms shall be resolved exclusively by the courts located in the City of Toronto in the Province of Ontario.
  50. 20. Termination and Suspension. Yeti may, at its sole discretion, at any time and from time to time, without notice, suspend or terminate your account, your right to use the Site or the Proprietary IP, or your purchase any of YETI’s products or services. Upon termination of your Account, you shall immediately cease and desist from all use of your account the Site.
  51. A suspension of your account or ability to use the Site, Proprietary IP or to purchase YETI’s products or services will be for such periods of time as YETI may determine in its sole discretion.
  52. 21. General. These Terms are not assignable, transferable or sub-licensable by you except with YETI’s prior written consent. We may assign, transfer or convey these Terms to a third party without notice to you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
  53. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
  54. We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access from a particular mobile device.
  55. 22. Questions and Contact Information. If you have any questions, concerns or suggestions regarding these Terms, the Site or YETI’s products or services please contact us here.