These are the terms of use to explain how you may use www.darkbrightapparel.com and all associated web pages (collectively, the “Site”). The Site is owned and operated by Darkbright Apparel (“Darkbright”) through an online e-commerce platform hosted by Squarespace Inc. (“Squarespace”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SITE. By visiting the Site, you are agreeing to be bound by the following terms and conditions (the “Terms of Use”). If you do not agree with or accept all of the Terms of Use, you must cease using the Site immediately. Darkbright reserves the right to terminate access to the Store (as defined below) or the Site for any breach of the Terms of Use.

Darkbright reserves the right to make changes to the Site and to the Terms of Use at any time, in their sole and absolute discretion. Darkbright also reserves the right, at any time, to modify, discontinue (temporarily or permanently) your use of the Site, without notice. Your continued use and access to the website constitutes your agreement to follow and be bound by the Terms of Use. Your only right or recourse with respect to any dissatisfaction with these Terms of Use, or any policy or practice of Darkbright, or any Content (as defined below) available through the Site or Store, is to immediately cease using and visiting the Site.

PROHIBITED USE
You must be 18 years or older, or at least the age of majority in the jurisdiction where you reside or from which you place an order through the Site’s online store (the “Store”).

The Site may only be used for lawful purposes. You shall not use any of the products purchased from the Store or any Content for any illegal or unauthorized purpose, and any use of the Site, the Store, the Content, or any products purchased from the Store shall be in compliance with applicable laws in your jurisdiction.

PROPRIETARY RIGHTS
The content of the Site including, but not limited to graphics, text, images, photographs, illustrations, trademarks, trade names, service marks, logos, audio or video materials, and any other information whether obtained by Darkbright through a third party licensor or otherwise (collectively, the “Content(s)”) is protected by Canadian and foreign copyright, trademark, and other intellectual property laws.

All of the Contents are the property of Darkbright or their respective owners, and nothing on this Site shall be construed as granting any license or right to use the Contents without Darkbright or its licensors’ prior written consent.

PRODUCT & PRICING INFORMATION
Darkbright has made every effort to display their products (including colour, shape, size, and descriptions) as accurately as possible. Products displayed may be out of stock or discontinued, and prices are subject to change (in Darkbright’s sole and absolute discretion). Darkbright is not responsible for typographical errors regarding price or any other matter.

WHILE DARKBRIGHT ATTEMPTS TO PROVIDE ACCURATE DESCRIPTION OF AVAILABLE INVENTORY AND ACCURATE DESCRIPTIONS OF ITEMS AVAILABLE FOR PURCHASE ON THE SITE, DARKBRIGHT DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF SUCH DESCRIPTIONS. PRODUCTS DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES.

ORDER CONFIRMATION
Once an order has been placed and confirmed on www.darkbrightapparel.com, it cannot be cancelled. Once it has been received, it may be returned if and only if the item is eligible for a return as per our Return Policy. 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECURITY & PRIVACY RULES
The violation of system or network security may be subject to civil and/or criminal liability. This may include accessing data that is not intended for you; attempting to probe, scan, or test the vulnerability of the Site or Squarespace’s service; or attempting to interfere or interfering with the Site and the Store.

The personal information that you submit to Darkbright on the Site is governed by Darkbright’s Privacy Policy.

DISCLAIMER & LIMITATION OF LIABILITY 
You agree to use the Site on an “as is” and “as available” basis. Except as otherwise expressly required by law, Darkbright makes no representations, warranties, conditions, or other terms (whether express or implied) in relation to the provision of the Site, the Content, the Store, or any products purchased from the Store, including (as above) any warranties as to completeness, accuracy, currency, or fitness for a particular purpose. Darkbright does not warrant that the use of the Site will be uninterrupted or error-free, or that the Site or use of Squarespace’s product will be free of viruses or other harmful components.

TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, DARKBRIGHT SHALL ONLY BE LIABLE FOR DIRECT DAMAGES AND SHALL NOT, IN ANY CIRCUMSTANCES, BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE), WHETHER ARISING IN TORT, CONTRACT, BREACH OF A STATUTORY DUTY, OR OTHERWISE, EVEN IF DARKBRIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT DARKBRIGHT IS LIABLE FOR DIRECT DAMAGES, SUCH LIABILITY SHALL BE LIMITED TO ONE THOUSAND DOLLARS ($1,000.00 CAD) OR TO THE MAXIMUM PERMITTED BY LAW.

INDEMNITY
You agree to defend, indemnify, and hold Darkbright, its officers, directors, employees, agents, representatives, licensors, and partners harmless from and against any and all losses, damages, claims, actions, demands, liabilities, settlements, and costs and expenses (including without limitation reasonable legal fees and accounting fees) resulting from your use of the Site, the Contents, the Store, or your violation of these Terms of Use.

THIRD PARTY LINKS
The Site may contain links to third party websites, which may have privacy policies of their own. We are not responsible for the content or privacy policies of any third party websites (including Squarespace’s terms and conditions, or privacy policy), and we encourage you to review the policies of all third party websites. You are responsible for complying with the terms of use of those third party websites while you are visiting them.

GOVERNING LAW
These Terms of Use will be governed by the laws of the province of Ontario or the laws of Canada, as applicable, unless the applicable laws of the province of your residence require that the laws of such province govern. The exclusive jurisdiction for settling any claim, action, or dispute involving Darkbright relating to your use of the Site or a purchase made at the Store shall be in the courts of the province of Ontario (and more specifically in the City of Toronto).

MISCELLANEOUS
These Terms of Use, including the Privacy Policy, constitute the entire agreement between you and Darkbright with respect to use of the Site, the Store, and the Contents. Any amendments to these Terms of Use shall be made by an agreement in writing between you and Darkbright.

Changes to the Terms of Use will be made by posting revised Terms of Use on the Site itself, and Darkbright has no obligation to notify you of changes to the Terms of Use.

We seek to make this Site as accessible as possible. If you have any questions or concerns with respect to the Terms of Use may be directed to support@darkbrightapparel.com.