LIBERO SPORTS™ USER AGREEMENT

Welcome to the LIBERO SPORTS™ Site.  The services on this site are offered to you by Libero Sports, Ltd. ("Libero Sports") subject to the following conditions.

If you have any questions or concerns, please contact us at info@liberosports.net.

If you visit or shop at the LIBERO SPORTS Site, you are deemed to have accepted these conditions.  Please read them carefully.

1.0       TERMS AND CONDITIONS OF USE
By using the LIBERO SPORTS Site and the services offered through it, you agree to be bound by these conditions of use and our Privacy Policy.  If you do not agree with any of these conditions of use, you may not use the Site or otherwise access our services.

Please read our Privacy Policy as this also governs your visit to the LIBERO SPORTS Site.  Our Privacy Policy is incorporated by reference into this User Agreement.

We reserve the right to modify, alter or update this User Agreement and our Privacy Policy.  Any changes or revisions will be effective immediately upon their posting on the LIBERO SPORTS Site.  Your use of the LIBERO SPORTS Site will be subject to the version of the User Agreement posted on this site at the time of such use.  If you do not agree to any changes or revisions to these terms and conditions of use, you may not use the LIBERO SPORTS Site and are to discontinue use of this site immediately.

2.0       USE OF THE LIBERO SPORTS SITE
Age Restrictions:  The LIBERO SPORTS Site may only be used by individuals who can form legally binding contracts under the applicable law.  Without limiting the foregoing, our services are not available to children (persons under the age of 19).  If you are under the age of 19, you can use the LIBERO SPORTS Site only in conjunction with, and under the supervision of your parents or guardians.
Right to Refuse Service:  Libero Sports reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

3.0       BUYING PRODUCTS FROM THE LIBERO SPORTS SITE
Password:  When you place your first order with the LIBERO SPORTS Site, you will be given an account and password.  You are responsible for maintaining the confidentiality of your account and password.  You agree to accept responsibility for all activities that occur under your account or password.

Product Descriptions:  Libero Sports attempts to be as accurate as possible when describing the products available on the LIBERO SPORTS Site. However, Libero Sports does not warrant that product descriptions or other content of the LIBERO SPORTS Site are accurate, complete, reliable, current, or error-free.  If a product offered by Libero Sports itself is not as described, your sole remedy is to return it in unused condition for a refund or exchange.

Confirmation of Prices:  All prices listed on the LIBERO SPORTS website are subject to confirmation.  Libero Sports will notify you by email by the next business day of making a purchase if the confirmed price of an item you have selected differs from the price listed on the website or on your purchase order.  If you do not receive such an by the end of the next business day of completing a purchase order, Libero Sports is deemed to have confirmed the purchase at the price listed.  If you receive such notification, the sale will be automatically terminated unless you reply by email with confirmation of your intention to purchase the item at the confirmed price.

Card Security:  Each time you request merchandise from the LIBERO SPORTS Site, you will be asked for your credit card information.  Libero Sports does not store your credit card information, except for purposes related to processing the order for which the card was used and for internal financial records.

Purchase Price:  The prices provided for the products sold on the LIBERO SPORTS Site do not include shipping and taxes.  These will be added to the total cost of your order. In the case of products shipped out of Canada, you are responsible for import duties and all costs related to the importation of the product to you.
Risk of Loss:  All items purchased from Libero Sports are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier or shipper.

Canadian Dollars:  All prices listed on this site are in Canadian dollars and all charges will be processed in Canadian dollars.  All prices listed on the International Customers site are in US dollars and all charges will be processed in US dollars.

Right to Limit Quantities:  Libero Sports reserves the right to limit the quantities of certain items which you can purchase. 

Delivery of Items:  Libero Sports will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, Libero Sports will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, Libero Sports will notify you as soon as possible.

No Delivery to Certain Countries:  Libero Sports does not ship to certain countries.  Currently we ship to Canada, USA, Australia, Austria, Belgium, France, Germany, Hong Kong, Ireland, Italy, Denmark, Japan, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, South Korea, Spain, Sweden, Switzerland, United Kingdom, Virgin Islands (British and USA,   If your country is not listed above, please inquire at customerservice@liberosports.net with your city, province/state, country and postal/zip code, and we will inform you if we are able to ship our products to that address.

Fraud Prevention:  In order to protect you and Libero Sports from fraudulent transactions, Libero Sports may provide your transaction-related information to a reputable third party organization to perform an address verification.  This address verification is intended to ensure that the "bill to" address that you provide matches your credit card address.  Libero Sports also reserves the right, at its discretion, not to ship items ordered or purchased on this website to certain addresses.  In the event that Libero Sports chooses not to ship an item, you will be notified by email and any amount charged to your credit card will be refunded.

4.0       EXCHANGES AND RETURNS
Exchange and Returns Policy:  All purchases are final.  There are no exchanges or returns on any product purchased from the LIBERO SPORTS Site unless the product is defective.  A defective product includes a product that is not as described on the Libero Site.

Exchange of Defective Product:  Libero Sports will exchange defective products.  No refunds will be issued, other than as provided below.  Libero Sports, in its sole discretion may issue a credit voucher in lieu of replacing a defective product.  In order to obtain an exchange for a defective product the following procedure must be followed:

1.         You must inform Libero Sports that you have received a defective product within 7 days of receiving the product by email at returns@liberosports.net or by facsimile to (604) 629-8956.  Libero Sports will not be required to replace defective merchandise if notice of the defect is not received within 7 days.

2.         Libero Sports must authorize the return.  No returns or exchanges will be done without first being authorized.  Areturn authorization number ("RA#") will be provided to you together with shipping instructions.  Please use the most economical method to ship back the defective product.  This is usually Canada Post.

3.         When you make an authorized return, you must label the exterior of the box and bill of lading/waybill (if applicable) with the following information and to the following address: RA#[add number], GPNS c/o Libero Sports, Ltd., # 23-8456 129A Street, Surrey, BC Canada  V3W 1A2. 

4.         You are responsible for shipping costs and must arrange for delivery of the product back to Libero Sports.

5.         When Libero receives the defective goods, it will ship a replacement to you at no additional cost.  You will receive a credit for shipping costs in the amount you paid for shipping the defective product to Libero Sports.  The credit will be applied only to shipping costs.  If, in its sole discretion, Libero Sports is unable to exchange a defective product, it will issue you a credit voucher in an amount equal to cost of the defective product and shipping costs you incurred to return the defective product.

6.         If we notify you that a credit voucher will be issued, rather than replacing a defective product, you may request that the credit be applied to your credit card.  However, a 15% service charge will be debited from the amount credited.

5.0       NO WARRANTY AND LIMITATION OF LIABILITY

WEBSITE AND SERVICES ARE "AS IS": LIBERO SPORTS PROVIDE THE LIBERO SPORTS SITE AND SERVICES "AS IS" AND "AS AVAILABLE" BASIS.  LIBERO SPORTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

DISCLAIMER OF WARRANTIES:  LIBERO SPORTS SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY ACTIONS TAKEN, EITHER WHOLLY OR IN PART, BASED ON THE INFORMATION PROVIDED ON THE LIBERO SPORTS SITE, OR FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY RESULTING FROM ANY TRANSACTIONS CONDUCTED WITH ANY MERCHANT OR OTHER THIRD PARTY LISTED ON LIBERO SPORTS SITE.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIBERO SPORTS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS REPRESENTATIONS AND WARRANTIES OF TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, WORMS, AND OTHER OPERATING PROBLEMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  LIBERO SPORTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE LIBERO SPORTS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

INFORMATION NOT VERIFIED:  SINCE LIBERO SPORTS CANNOT VERIFY ALL INFORMATION PROVIDED BY SUPPLIERS AND OTHER THIRD PARTIES, AND ERRORS IN GATHERING OR REPORTING SUCH INFORMATION MAY OCCUR. LIBERO SPORTS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE LIBERO SPORTS SITE IS ALWAYS ACCURATE, COMPLETE OR CURRENT.  LIBERO SPORTS SHALL NOT BE LIABLE FOR OR RESPONSIBLE TO HONOR ANY ERRONEOUS INFORMATION REGARDING THE PRICE, DESCRIPTION AND AVAILABILITY RELATING TO ANY PRODUCT OR SERVICE AVAILABLE ON OUR LIBERO SPORTS SITE.
LIMITATION OF LIABILITY:  IN NO EVENT SHALL LIBERO SPORTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR LIBERO SPORTS SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).  OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE WILL BE NO GREATER THAN THE LESSER OF:  (A) ACTUAL DAMAGES; (B) THE COST OF THE PRODUCT PURCHASED THROUGH THE LIBERO SPORTS SITE; AND (C) CD$100 IN THE AGGREGATE.

Secure Access not Guaranteed:  We do not guarantee continuous, uninterrupted or secure access to our website or other services, and operation of our website or other services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6.0       THIRD-PARTY SITES

Links to Other Sites:  Our LIBERO SPORTS Site may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site we do not warrant the offerings of, any of these businesses or individuals or the content of their websites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site.

Concerns Regarding Other Sites:  You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. 

7.0       COPYRIGHT AND TRADEMARK INFORMATION

Rights to Content:  All content included on the LIBERO SPORTS Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, compilations and software, is the property of Libero Sports or software or content suppliers, and is protected by Canadian and international intellectual property laws, including but not limited to copyright, trade marks, and patents.

Limited Permission:  Permission is granted to users to electronically copy and to print hard copy portions of the LIBERO SPORTS Site for the sole purpose of using this site as a shopping resource. Any other use of materials on the LIBERO SPORTS Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of Libero Sports is strictly prohibited.

Libero Sports Trade Marks: LIBERO SPORTS and LIBERO SPORTS & Man Design are proprietary trade marks of Libero Sports.  The Libero Sports trade marks may not be used in connection with any product or service that is not provided by Libero Sports, or in any manner that is likely to cause confusion among customers, or that may disparage or discredit Libero Sports.

Other Trade Marks:  All other trademarks displayed on the LIBERO SPORTS Site are the trade marks of their respective owners.

Notification of Infringement:  Libero Sports disclaims any responsibility for the content of any third party materials provided through or on the LIBERO SPORTS Site or other services.  However, we do respect all trade marks, copyrights and other intellectual property rights and wish to respond accordingly when notified of the infringement of those rights.  Therefore, if you believe that any material appearing on the LIBERO SPORTS Site, infringes your intellectual property rights, please contact Libero Sports at info@liberosports.net to request a review of the alleged infringement.

Notification of Offensive Material:  Libero Sports has made every effort to ensure that there is no offensive material on the LIBERO SPORTS Site.  If you believe that any material appearing on the LIBERO SPORTS Site is offensive please contact Libero Sports at info@liberosports.net.

8.0       OTHER TERMS AND CONDITIONS

Legal Compliance: You shall comply with all applicable laws, statutes, and regulations regarding your use of the LIBERO SPORTS Site.

Notices:  Except as explicitly stated otherwise, any notices shall be given by email.  In the case of Libero Sports, the email address is info@liberosports.net.  We shall use the email provided to us by you.  Notice shall be deemed given 24 hours after email is sent.

Applicable Laws:  The LIBERO SPORTS Site is operated and provided in the province of British Columbia, Canada.  As such, we are subject to the laws of the British Columbia and the laws of British Columbia will govern this User Agreement and any other policies, conditions, guidelines, and rules without giving effect to any choice of law rules.  We make no representation that the LIBERO SPORTS Site or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access the LIBERO SPORTS Site, you agree to do so subject to the laws of the Province of British Columbia.

Arbitration: We will do our best to resolve any problems or issues that you may have with us or our services in a satisfactory manner.  If, however, we are unable to reach a mutually satisfactory resolution, (excluding requests for injunctive or equitable relief) each of us agrees that any claim or controversy between us, or arising in any way out of the use or operation of the LIBERO SPORTS Site or other services, or any information, services, products, and materials contained in this site or available through our other services, shall be resolved by binding arbitration before a single arbitrator and in accordance with the provisions of the Commercial Arbitration Act (BC).  The decision of the arbitrator shall be final and binding upon the parties, and judgment upon the award may be entered or enforced in any court that has jurisdiction.  All arbitrations shall be held in Greater Vancouver, British Columbia, Canada

Court. Any request for injunctive or equitable relief may be adjudicated by a court of competent jurisdiction located in Greater Vancouver, British Columbia.  You agree to submit to the jurisdiction of the courts located within Greater Vancouver, British Columbia

Contracts in English:  It is the express wish of the parties that this document and any related documents be drawn up and executed in English. Les parties aux présentes ont expressément demandé que ce document et tous les documents s'y rattachant soient rédigés et signés en anglais.

Severable:  If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

No Waiver:  Waiver by either party of the strict performance of any term, or condition, will not, of itself, constitute a waiver off such term or condition nor be a waiver of any subsequent breach of same nor any other term or condition.

Headings:  The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties to this Agreement.