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Conditions of Use

Thank you for visiting Intersport.ca. Please read these terms and conditions before using Intersport.ca. Use of this site signifies compliance with all of the terms and conditions outlined below (the "Conditions"). "You" and "User(s)" refer to all users of this site who evidence their acceptance of the Conditions by the use of Intersport.ca (the "Web Site" or "Intersport.ca"). "FGL", "we" and "our" as used herein refer to FGL Sports Ltd. and INTERSPORT. We reserve the right to amend the Conditions at any time. Amendments shall become effective immediately upon being posted on Intersport.ca.

You agree to reread the Conditions from time to time to verify if there have been any amendments.

In the event you do not wish to be bound by the Conditions, your only alternative is not to use Intersport.ca.

All uses of Intersport.ca shall be used solely for lawful purposes. It is strictly prohibited to use Intersport.ca and its content for illegal, immoral or unlawful purposes.

ALWAYS IN ACTION!

Sports, fitness and outdoor activities can be fun and fulfilling, but can also be dangerous. Please enjoy your chosen activity responsibly, get the proper training, ensure you are in good physical condition and have the correct equipment. Some or all of the activities for which we sell equipment, apparel and footwear, can pose a significant risk to your well-being. FGL does not assume any responsibility for actions resulting from or associated in any way with the advertising of any products on Intersport.ca. By using Intersport.ca, you acknowledge that you understand these risks, and you take full responsibility for your own actions. Furthermore, you acknowledge and agree that you release FGL, its subsidiaries, their shareholders, directors, officers, employees, agents, successors and assigns from and against any loss, cost, liability or damage (including reasonable attorney's fees and costs) resulting from any claim, suit or proceeding (threatened or otherwise) made or brought or which may be made or brought against FGL based upon any use of products advertised or services provided by Intersport.ca.

WEB SITE CONTENT

FGL endeavors to provide information on Intersport.ca that is complete, current and without error when it is placed on Intersport.ca. However, it is possible that Intersport.ca contains errors, inaccuracies or outdated information.

FGL operates this Web Site as an additional service to consumers. FGL makes no representation and gives no guarantee on the completeness, accuracy or currency of the contents of Intersport.ca. Therefore, FGL shall not be responsible for any errors or inaccuracies contained on Intersport.ca. The use of Intersport.ca by you is at your own risk.

For the most complete, updated and current information on the INTERSPORT advertising flyer, you can consult the INTERSPORT advertising flyer at the INTERSPORT store closest to you.

TRADEMARKS AND COPYRIGHT

FGL owns and operates Intersport.ca. All INTERSPORT names, trademarks and logos are the property of ICC-INTERSPORT International Corporation GmbH and used under license by FGL. All other trademarks, names and logos on Intersport.ca are the property of their respective owners and have been licensed for use on Intersport.ca. This includes, but is not limited to: Air Miles® reward miles and all product vendors. All materials on Intersport.ca, which are owned by another entity, have been made available for use on Intersport.ca with the knowledge and consent of the respective intellectual property right owners. By accessing the information on Intersport.ca, you agree to the terms herein with respect to laws that govern copyright and trademarks.

All content on Intersport.ca is the property of FGL. This includes, but is not limited to: site design, slogans, graphics, images, articles, text and descriptions. No part of Intersport.ca may be reproduced, published, copied, uploaded, transmitted or distributed without the prior written consent of FGL. Printing of pages for non-commercial purposes is permitted, contingent upon all copyright and proprietary notices remaining intact. No user may use or manipulate any of FGL's or others' trademarks found on Intersport.ca.

Copyright, trademarks and other applicable intellectual property and proprietary rights law protect Intersport.ca content, names and logos. All rights are reserved.

LINKS

Intersport.ca may contain links to other web sites for your convenience. We do not endorse these web sites nor do we make any representations about any other web site accessed through this web site. It is up to you to take precautions that whatever web site you access is free from viruses, worms, Trojan horses or other items of a destructive nature. In no event shall FGL be liable to any party for any direct, indirect, special or other consequential damages on any other hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even in the event that we are advised of the possibility of such damages. These web sites are aired and operated by separate entities and we have no control over these web sites and will not be liable for such web sites or their content.

NO ADVICE

The articles, suggestions and comments on Intersport.ca dealing with health, physical activity and better living, if any, come from sources independent of FGL. They are provided only as information and do not constitute professional advice of any kind or nature whatsoever. You should also know that numerous factors which are unknown to FGL and which are related to your state of health may have an influence on the articles, suggestions and opinions on Intersport.ca. In the event you wish to act on the basis of such information on Intersport.ca, we strongly recommend you consult a health professional before engaging in any such activity.

COLLECTION OF PERSONAL INFORMATION

In certain cases, FGL may collect certain information that does not permit us to identify you, such as your IP protocol, the type of Internet navigator or operating system you use and the domain name of Intersport.ca from which you access Intersport.ca.

In the event FGL wishes to collect personal information about you, we will advise you on Intersport.ca of the information we wish to collect, the reasons for collection and how we will deal with this information. We will seek your consent to the collection, use and storage of this information at that time.

PRIVACY

FGL understands and respects your concern for privacy and the security of your personal information. At FGL, we are committed to providing you with a secure and confidential experience. We collect only the information we need for the purposes we have identified to you and as is lawful.

You may register a privacy-related complaint by communicating with FGL's privacy officer at . We also direct you to review the FGL Privacy Policy at www.forzanigroup.com.

RISK OF VIRUS

As a user of Intersport.ca, you acknowledge that the use of a web site implies the potential risk of a virus. FGL shall not be responsible in any way whatsoever for damages resulting from the existence or transmission of viruses.

EXONERATION OF LIABILITY

Although we use our best efforts to ensure the accuracy of all information on Intersport.ca, FGL gives no guarantees and makes no representations of any kind or nature whatsoever regarding the availability or accuracy of the description of the products appearing on Intersport.ca.

FGL makes no representations or warranties of any kind, express or implied, regarding Intersport.ca and/or materials provided on Intersport.ca, all of which are provided to you on an "as is" and "as available" basis.

FGL does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of Intersport.ca, or any of the content or data found on Intersport.ca, and expressly disclaims all warranties and conditions, 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 course of dealing or usage of trade.  FGL reserves the right to amend the information on Intersport.ca at any time without notice.  In the event that information on Intersport.ca is contrary to information provided in store, the in-store information shall govern. 

In no event shall FGL be liable for any injury, loss, claim or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of Intersport.ca or the content or products found herein, even if FGL was advised of the possibility of damages.

INDEMNIFICATION

In addition and to the maximum permitted by applicable law, you shall indemnify and save harmless FGL, its affiliated and related companies and each of 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, directly or indirectly brought as a result of your access to or use of Intersport.ca or of the materials therein, by you sending or transmitting any and all information or materials on Intersport.ca or your breach of any provision of the Conditions. FGL reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.

CURRENCY

All references to currency on this Web Site refer to Canadian dollars.

ENTIRE AGREEMENT

The Conditions constitute the entire agreement between you and FGL with respect to the use of Intersport.ca.

APPLICABLE LAWS

The use of Intersport.ca is governed by and shall be interpreted in accordance with the laws of the Province of Alberta and the laws of the province of Quebec, Canada applicable therein. Users of Intersport.ca irrevocably consent to the exclusive jurisdiction and venue of the courts of the judicial district of Montreal, Quebec, Canada. This Web Site is controlled and operated by FGL in Canada with the approval of copyright and trademark owners. FGL makes no representation that the information or materials on Intersport.ca are appropriate or available for use in other countries.

DIVISIBILITY

Each provision in the Conditions shall be considered as divisible and, in the event a provision of the Conditions is judged invalid, inapplicable or illegal, such provision shall not invalidate, annul or terminate the other Conditions which shall continue to apply and be in full force and effect, except for the provision or part of a provision that is declared invalid, inapplicable or illegal, which shall be presumed not to form part of the Conditions.

TERMINATION

We reserve the right to amend any aspect of this web site at any time without prior notification. Use of this web site is contingent on the Conditions in place at the time of use.

FGL may terminate this agreement and the use of Intersport.ca at any time.

Rev. 2007-06-20