Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
REVISIONS TO THESE TERMS AND CONDITIONS
These Terms and Conditions may be revised at any time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website or 'Site'.
YOUR CONTINUED USE OF THE SITE AFTER CHANGES ARE MADE SHALL BE CONSIDERED YOUR ACCEPTANCE TO THE REVISIONS.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for items sold on the Site. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the vendor and are not made by us.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Pomeroy and Company Inc., or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Pomeroy and Company Inc. or its affiliates. All software used on this Site (the "Software") is the property of Pomeroy and Company Inc., its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by Canadian. and international copyright laws. Pomeroy and Company Inc. logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Pomeroy and Company Inc., its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
RISK OF LOSS
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than Canada. This Site may contain products or references to products that are not available outside of Canada. Any such references do not imply that such products will be made available outside the Canada. If you access and use this Site outside Canada you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, A COPY OF WHICH YOU MAY ACCESS IN YOUR ONLINE ACCOUNT, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
It is the purchasers responsibility to ensure that any merchandise ordered off this website does not violate any custom, trade laws or barriers to entry that exist in the destination country. Any law, rule or regulation regarding the import of merchandise to the buyer's country is the sole responsibility and liability of the buyer. Pomeroy and Company Inc. assumes no responsibility or accountability whereby any of its products are used for any unauthorized or illegal actions both criminally and/or in civil incidents. Pomeroy and Company Inc. does not condone piracy. It is up to the end user of product to comply with any federal, provincial, state or local laws in any circumstance. DO NOT make illegal pirated copies of software.
Pomeroy and Company Inc. takes all precautionary measures to ensure that the range of products are free from manufacturing defects. However, Pomeroy and Company Inc. cannot be held responsible for incorrect usage or damage to any product or equipment due to usage, negligence, accidental damage or other factors beyond our control. Pomeroy and Company Inc. has made every effort to show that due care and attention must be exercised when installing product. Excessive force or failure to connect products in the way intended will more than likely cause severe damage.
By purchasing product from this website you agree to indemnify Pomeroy and Company Inc. from any libelous action resulting from accidental damage or negligence on your part. Any law, rule or regulation regarding the import of merchandise to the buyer's country is the sole responsibility and liability of the buyer.
DO NOT operate any vehicle without the proper training, safety equipment, license and insurance.
General Product Disclaimers
Not all products offered on this website was produced by Sony Corp. nor any of its affiliates or representatives. No modifications or products are endorsed by SCEA™; therefore they hold no responsibility for the use of any modification or product with their products. PlayStation™, PSone™, PSX™, PlayStation2™, PS3™, PS4™ are registered trademarks of Sony Computer Entertainment, to which we have no affiliation.
Not all products offered by this website was produced by Sega Corp. nor any of its affiliates or representatives. No modifications or products are endorsed by Sega; therefore they hold no responsibility for the use of any modification or product with their product. Sega™ and Dreamcast™ are registered trademarks of Sega Enterprises, Ltd., to which we have no affiliation.
Not all products offered on this website were produced by Nintendo nor any of its affiliates or representatives. No modifications or products are endorsed by Nintendo; therefore they hold no responsibility for the use of any modification or product with their product. Nintendo™, Nintendo64™, Gameboy™, Gameboy Advance™, Gameboy Advance SP™, Gamecube™ and N64™ are registered trademarks of Nintendo of America Inc., to which we have no affiliation.
Not all products offered on this website produced by Microsoft™ nor any of its affiliates or representatives. No modifications or products are endorsed by Microsoft™; therefore they hold no responsibility for the use of any modification or product with their product. Microsoft is a registered trademark of Microsoft, to which we have no affiliation.
Pomeroy and Company Inc., and any associated company, domain or website assumes no responsibility or accountability for the use of aftermarket products, modifications, replacement batteries, parts or accessories and will not be held liable for any damages that may arise from the use of these products in any circumstance.
Not all products offered on this website were produced by iRobot™ nor any of its affiliates or representatives. No modifications or products are endorsed by iRobot™; therefore they hold no responsibility for the use of any modification or product with their product. iRobot™, Roomba™, Scooba™, Mint™, Braava™, Looj™ are registered trademarks of iRobot™, to which we have no affiliation. This website is a division of Pomeroy and Company Inc.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
This site is created and controlled by us in the province of Ontario, Canada. As such, the laws of the province of Ontario will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.