TERMS OF USE

Terms of Use Policy
Updated: May 2016

Welcome to the website (“Site”) of Pacific Distribution, (the "Company," “we” or “us”). By accessing and using this Site, you agree to follow these terms of use (“Terms of Use”) and the Company’s Privacy Policy and Use of Cookies Policy.

CHANGES TO THESE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately upon their posting to this Site. You agree to be bound by any revised Terms of Use by continuing to access and use the Site. You agree to periodically review these Terms of Use for revisions.

TRADEMARKS
Wolf, Wolf & Design, Wolf Gourmet, W & Design and the color red as applied to knobs are registered trademarks and service marks of Wolf Appliance, Inc. Sub-Zero, Sub-Zero & Design, Dual Refrigeration, Constant Care, and The Living Kitchen are registered trademarks and service marks of Sub-Zero, Inc. All other trademarks or registered trademarks and service marks appearing on the Site are the property of their respective owners. The foregoing trademarks and service marks must be used with permission or by authorized associate parties and may not be used in connection with any product or service other than those of the respective holder or owner, and may not be used in any manner that is likely to cause confusion among customers, prospective customers or the public or in any manner that disparages or discredits the Company, the respective holder/owner or the Site. You gain no right to use any such trademark or service mark by virtue of your use of this Site.

SITE ACCESS AND SECURITY CODES
If you choose to register with our Site, you will be asked to provide certain information, including certain personally identifiable information (“Personal Information”). You agree that the information you provide shall be truthful, you will not submit information which is false and you will not impersonate any third party in providing such information. We will handle any Personal Information which you provide to us in accordance with the terms of our Privacy Policy. You are not required to provide any Personal Information to us, but your ability to access and use certain resources available on our Site may be limited until you register on our Site by providing Personal Information.

If you choose, or are provided with, a user name, password, or any other security codes or questions (“Security Codes”) as part of our security procedures, you agree to keep the Security Codes strictly confidential and not to disclose the Security Codes to any other person. We ask that you immediately notify us if you become aware of any unauthorized access to or use of your Security Codes or any other actual or potential breach of security. You should use particular caution when accessing your account from a public or shared electronic device so that others may not view or record your Security Codes or Personal Information. We reserve the right to disable any Security Codes at any time in our sole discretion and for any reason, including for any violation of these Terms of Use.

This Site and its Content are provided as a convenience to our customers. We reserve the right to suspend, restrict or terminate all or a portion of your access to or use of the Site at any time, without prior notice.

OWNERSHIP AND USE OF CONTENT
The Content provided on this Site is furnished for general informational purposes for the convenience of our customers and users.

The Site and all of its content, features and functionality (including but not limited to all information, software, text, displays, images, software applications, video and audio, photographs, graphics, messages, postings, files, documents, or other materials and its design, selection, and arrangement) (“Content”) are owned by the Company or its licensors and are protected by copyright, trademark and other intellectual property laws (“Intellectual Property Laws”).

The Company authorizes you to view and download designated portions of the Content that we may make available from time to time ("Designated Information"). This Designated Information may consist of technical information, product literature, and other content regarding our products and services. You may not copy, modify, reproduce or publicly display, transmit, distribute or use the Designated Information for any purpose other than personal use. You may not use the Designated Information on any other website, social media site or networked computer environment such as an intranet or extranet) for any purpose without the prior written permission of Company, which may be withheld in the Company’s sole discretion. Unauthorized use of the Designated Information may violate Intellectual Property Laws. If you fail to comply with these Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Designated Information obtained from the Site.

The Company makes no guarantee or any representation or warranty, whether expressed or implied, as to its accuracy, completeness or usefulness of this Content, or the availability of listed products. WE EXPRESSLY DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM OR RELIANCE UPON SUCH CONTENT BY ANY USER OR THIRD PARTY RECEIVING THE CONTENT.

THIRD PARTY CONTENT
This Site may include content provided by third parties. All statements or opinions expressed in the content provided by third parties are solely the opinions and the responsibility of that third party. The third-party content does not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the accuracy of any content provided by any third parties.

USER SUBMISSIONS
In providing submissions or posting content to our Site, you represent and warrant to Company that you own or have the legal right to use such content, that the content is true and accurate, and that such content will not cause harm to any third party. Any material, information, idea or content you transmit to or post on this Site (“User Submission”) will be treated as non-confidential and non-proprietary. By providing any User Submission, you grant Company, its affiliates, and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute or disclose to third parties any such User Submissions for any purpose. The Company, its affiliates and service providers may share your User Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing our products and services. We assume no responsibility for reviewing unsolicited ideas for our business, such as product or advertising ideas. By submitting any User Submissions to our Site, you waive any right to compensation of any type for such User Submissions.

POSTING ON THE SITE
Users are prohibited from:

  1. posting or transmitting to or from this Site any unlawful, fraudulent, threatening, libelous, defamatory, obscene, scandalous, inflammatory, objectionable, abusive, pornographic, or profane content, or any other content that could give rise to any civil or criminal liability as determined in the sole discretion of Company; and
  2. posting any content that is confidential, proprietary, invades the privacy or publicity rights of others or violates the Intellectual Property Rights of any third party. You agree to indemnify the Company for any and all damages resulting from your User Submissions that violate these Terms of Use. The Company reserves the right to prohibit further User Submissions by any user for violation of these Terms of Use.

PROHIBITED USES OF THE SITE
As a user of this Site, you agree not to:

  1. use the Site in any manner that could disable, overburden, damage, or impair the Site or its functionality or interfere with any other party’s access to or use of the Site;
  2. use any automatic device, process or means to access the Site for any purpose, including monitoring or copying any material on the Site; attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site, the Site’s server, or any server, computer or database connected to the Site;
  3. use any device, software or routine that interferes or attempts to interfere with the proper functionality of the Site;
  4. use the Site for sending spam;
  5. provide content or introduce any virus, Trojan horse, worm, or other malware which is malicious or technologically harmful;
  6. attack the Site via a denial-of-service attack or distributed denial-of-service attack; or
  7. otherwise attempt to interfere with the content or proper functionality of the Site.

COPYRIGHT LAW VIOLATIONS
We respect the Intellectual Property rights of others and are committed to comply with the copyright laws. We comply with the Digital Millennium Copyright Act (“DMCA”) and will promptly investigate any claims of copyright infringement upon receipt of a notice (“Notice”).

If you believe your copyright or the copyrights of a third party are being infringed because of content on our Site, you must promptly provide a Notice to us at the contact information and following the procedures set forth below:

   Pacific Distribution,
   [email protected]
   OR
   Pacific Distribution
   114-1585 Broadway St.
   Port Coquitlam B.C.
   Canada

To be effective, your Notice must:
   (i) be in writing, (ii) be provided to our agent, and (iii) include substantially the following:

  1. a description of the work claimed to have been infringed, or if multiple copyrighted works at our Site are covered by a single notification, a representative list of such works;
  2. a description of the material that is claimed to be infringing or to be the subject of infringing activity that is reasonably sufficient to permit us to locate the material;
  3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address;
  4. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  5. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. a physical or electronic signature of the holder of the copyright (or such holder’s authorized agent).

Upon receipt of your DMCA Notice, we will investigate and remove the allegedly infringing content, in our sole discretion.

LINKS TO OTHER WEBSITES
Links to third-party websites from our Site are provided solely as a convenience to our customers. If you use these links, you will leave this Site. The Company has not reviewed those third-party websites, does not control and is not responsible for any of those websites or their content. The Company does not endorse or make any representations about such third-party websites, or any information, software, content or other products or materials available on those third-party websites. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.

"AS-IS" CONTENT/WARRANTY DISCLAIMERS
THE CONTENT PROVIDED ON THIS SITE IS PROVIDED ON AN "AS-IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. COMPANY FURTHER MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE CONTENT.

THE CONTENT MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE THE CONTENT. CONTENT AVAILABLE ON THIS SITE MAY REFER TO PRODUCTS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY OR LOCAL AREA. CONSULT THE COMPANY DIRECTLY FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES THAT ARE CURRENTLY AVAILABLE TO YOU.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER MALWARE OR DESTRUCTIVE CODE. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH CONTENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE, POSTING OF CONTENT OR YOUR DOWNLOAD OF CONTENT FROM THE SITE.

LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES EXCLUSION
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, AFFILIATES, LICENSORS, OR OTHER THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR THE RESULTS OF YOUR USE OF THIS SITE OR ANY OF ITS CONTENT, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF YOUR APPLIANCES OR YOUR ELECTRONIC DEVICE’S HARDWARE, SOFTWARE, SYSTEM OR DATA, YOU WILL BE RESPONSIBLE FOR ALL SUCH COSTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and services providers, and their respective officers, directors, employees, contractors, agents, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or related to your violation of these Terms of Use or your use of the Site, or its Content including but not limited to your User Submissions.

APPLICABLE LAWS
These Terms of Use are governed by the laws of the State of Colorado, without reference to its conflicts of law principles. Any lawsuit, or other legal proceeding arising out of, or related to, the subject matter of these Terms, the use of the Site or the Content shall be instituted exclusively in the federal courts or state courts in Colorado having jurisdiction in Jefferson County, Colorado. We also retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

This Site is administered by the Company based in Jefferson County, Colorado. The Company makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the content at this Site or any copy or adaptations in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so-on your own initiative and are responsible for compliance with applicable local laws.

FORWARD LOOKING STATEMENTS
The Site may contain forward-looking statements regarding the Company's business, customers, partners, future products and services or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Examples of these risks include competitive service and product offerings, and lack of market acceptance.

GENERAL
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a waiver of any other term or condition, and any failure of the Company to assert a right under these Terms of Use shall not constitute a waiver of such right. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect. This Terms of Use Policy, our Privacy Policy and our Use of Cookies Policy constitute the sole and entire agreement between you and the Company with respect to your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties.