This Website is provided as a service to the Internet community. By using this Website you consent to these Terms and Conditions. Lube’d reserves the right to modify the content and accessibility of this Website at any time and for any reason without prior notice.
Unless otherwise indicated, all trademarks, service marks, trade dress and all content (text and images) used in this Website are owned by or licensed to Lube’d or an affiliated company, or its content provider and are protected by law in Canada, the United States and elsewhere internationally including worldwide copyright laws.
Lube’d authorizes users to download material contained in this Website for their own personal, non-commercial use. The copying, distribution or publication of any part of this Website, as well as any modifications of the content therein, is prohibited.
The pictures and images of people, products, places or things displayed on this Website are either the property of Lube’d or are used with the permission of third parties.
Any use of such pictures or images by you or anyone authorized or affiliated with you is strictly prohibited. Unauthorized uses of pictures and images may violate copyright or trademark laws, privacy laws, or communication laws or regulations.
Descriptions of Lube’d’s products contained within the Website shall not constitute product labeling. You should use Lube’d's products in accordance with the instructions contained on the cartons and labels found on those products in the country of purchase.
This Website provides links to other websites on the Internet. These links are provided merely as a convenience to the users of this Website. Lube’d is not responsible for the content or operation of any other website and shall not be liable for any damages arising out of or resulting from the user’s access to those other websites.
LUBE’D WILL MAKE REASONABLE EFFORTS TO INCLUDE ACCURATE, UP-TO-DATE INFORMATION IN THIS WEBSITE. LUBE’D MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THIS WEBSITE INCLUDING BUT NOT LIMITED TO THE OPERATION OF THE SITE, THE INFORMATION CONTAINED IN THE SITE, AND THE ACCURACY OR CURRENCY OF THE INFORMATION.
THE USER ACCEPTS THIS SITE "AS IS" AND "WITH ALL FAULTS". NEITHER LUBE’D NOR ANY PARTY INVOLVED IN THE CREATION OF THIS WEBSITE SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RESULTING FROM THE USER’S ACCESS TO, OR INABILITY TO ACCESS, THIS WEBSITE, OR FROM THE USERS RELIANCE ON ANY INFORMATION CONTAINED, THEREIN.
LUBE’D DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL LUBE’D BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFIT, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA EVEN IF LUBE’D IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Unless otherwise specified, the materials in this Website are presented solely for the purpose of promoting Lube’d products in Canada and countries throughout the world where the products have been duly licensed for sale by the respective government authorities of those countries.
This Website is controlled and operated by Lube’d. Lube’d makes no representation that materials in this Website are appropriate or available or approved for use outside of Canada. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to act responsibly in a manner demonstrating the exercise of good judgment.
For example and without limitation, you agree not to:
- violate any applicable law or regulation,
- submit any materials that conflict with any of your representations and warranties,
- infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity and/or contractual rights,
- use the content and information available through the Website for any unauthorized purpose,
- interfere with or damage the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology,
- use Website to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or account numbers, or any defamatory materials of any kind, except where you have obtained express permission from such other person or entity in connection with any of the foregoing,
- use this Website in connection with the distribution of unsolicited commercial e-mail or advertisements,
- "stalk" or harass any other user of this Website,
- collect or store any information about any other user other than in the course of the permitted use of the Website,
- use Website for any commercial purpose whatsoever (including, without limitation, to advertise, market, promote, sell or otherwise exploit any product or service),
- sell or otherwise transfer any user information (e.g., user profiles) or other user’s materials; or
- assist any third party in doing any of the foregoing.
Lube’d may terminate the membership of users who are repeat violators of the foregoing, including those who are repeat infringers of third-party intellectual property rights, and may prohibit them from creating new accounts.
You are solely responsible for your interactions with other users of this Website. Lube’d will not be responsible for any damage or harm resulting from your interactions with other users of this Website. Lube’d reserves the right, but shall have no obligation, to monitor interactions between you and other users of this Website and take any action in good faith to restrict access to or the availability of any material that Lube’d or another user of this Website may consider to be obscene, lewd, defamatory, lascivious, filthy, excessively violent, harassing or otherwise objectionable.
As used in this Agreement, the term “User Materials” means any of your content, photographs, videos, audio, comments, ideas, suggestions, questions, written work, name(s), trademarks, trade names, likenesses, biographical materials, artwork, liner notes, and other graphical or textual materials that you upload, submit or otherwise provide to Lube’d, and any and all computer-generated images or other artwork or images that you submit to Lube’d via this Website or otherwise.
All of these User Materials shall be treated as non-confidential and unless otherwise agreed between Lube’d and you in a writing signed by both parties, you hereby grant to Lube’d and its affiliates an unrestricted, non-cancellable, worldwide, royalty-free, non-exclusive license to use the User Content in perpetuity for any purpose, including, without limitation, the following:
- to prepare and encode User Materials, or any portion thereof for electronic, digital and/or other transmission, manipulation and exhibition in any format and by any means now known or hereafter devised;
- to display, copy, reproduce, create derivative works of, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, promote, distribute through any means (including electronic, analog and digital), and publish and/or otherwise exploit, in digital or physical form, any or all of the User Materials, including any portion thereof, and to include any such materials in compilations or other works, by any and all means in all media now known or hereinafter created, anywhere in the world, and for any purpose (for avoidance of doubt, the rights granted to Lube’d hereunder include the rights to make User Materials available on any Lube’d Website, third-party websites and electronic devices);
- to modify, adapt, change or otherwise alter and create derivative works of the User Materials and use the User Materials; and
- to license and/or sublicense to any third party any of the foregoing rights in the User Materials, or any part or element thereof, subject to the terms and conditions of this Agreement.
You hereby disclaim any and all right, title, or interest in any and all material with which User Materials may be combined or into which all or any portion of User Materials may be incorporated.
You acknowledge and agree that all right, title and interest (including, without limitation, copyright, trademark and other intellectual property rights) in and to any and all content, elements and materials created by or for Lube’d incorporating all or any portion of the User Materials shall be exclusively owned and controlled by Lube’d. You hereby grant to Lube’d a perpetual, worldwide, royalty-free, non-exclusive license to use your name(s), photograph and/or likeness, where such other individual appears in the User Materials, in connection with the distribution, exploitation, promotion, marketing and advertising of the User Materials.
You also agree not to assert any privacy, publicity, moral or similar rights held by you (and to the extent that any other person(s) whose name(s), photographs and/or likeness(es) and/or performances are embodied in the User Materials), you represent and warrant that you have obtained all necessary consents from such third parties consistent with the full scope of rights granted to Lube’d and you agree that such persons shall not assert any intellectual property, privacy, publicity, contractual, moral or similar rights, or make any claims that any User Materials are objectionable or otherwise defamatory under the laws of Canada, the United States and any other country in connection with the exploitation of such materials as described hereunder. If you choose not to have your User Material or any other information about yourself viewable by a global audience, you should not use this Website.
Admission to and use of this Website is void where prohibited. By using this Website, you represent and warrant that any and all registration information submitted is truthful and accurate and you agree to maintain the accuracy of such information.
You further represent and warrant that you are 18 years of age or older and that your use of this Website shall not violate any applicable law or regulation. Any profile may be deleted without warning if it is found that you are misrepresenting your age or any other membership data.
Admission and use is solely for personal use, and you shall not authorize others to use your account, including profile or email address. You are solely responsible for all content (including, without limitation, User Materials) published or displayed through your account or otherwise on this Website, including any email messages, and for your interactions with others.
These terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the Provincial Court situated in Toronto, Ontario, Canada, within one year after the cause of action has accrued and, unless such a filing is timely made, the cause shall be permanently barred.
In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
The maker of this Website reserves the right to modify or change these terms at any time and for any reason without prior notice.
We hope you enjoy the Lube’d website.
Effective Date: November 2021