DATE OF THESE TERMS AND CONDITIONS: November 30, 2021

LAST UPDATED: November 30, 2021

ACCEPTANCE OF TERMS

These website terms and conditions of use for https://swampdonkeyoutdoors.ca (the “Website”), constitute a legal agreement and are entered into by and between you (“you”, “users”) and Swamp Donkey Outdoors 2021 (“Company,” “we,” “us,” “our”). The following terms and conditions, together with any documents or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use of the Website and the purchase and sale of products through the Website.

BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS WHERE THAT OPTION IS MADE AVAILABLE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND CONSENT TO THE COLLECTION, USE, DISCLOSURE AND OTHER HANDLING OF INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY, FOUND AT SWAMPDONKEYOUTDOORS.CA/PRIVACYPOLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

1. MODIFICATIONS TO TERMS AND CONDITIONS AND THE WEBSITE

These Terms and Conditions are subject to change by the Company without prior written notice at any time, in our sole discretion. Any changes to these Terms and Conditions will be in effect as of the “Last Updated Date” referenced on the Website. You should review these Terms and Conditions before purchasing any product or services that are available through the Website. Your continued use of this Website after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

2. ELIGIBILITY

You may not order or obtain products from this website if you: (i) do not agree to these Terms and Conditions; (ii) are not the age of majority in your province or territory of residence; or (iii) are prohibited from accessing or using this website or any of this website's contents, products or services by applicable law.

By placing an order for products or services from this Website, you affirm that you are of legal age to enter into these Terms and Conditions, and you accept and are bound by these Terms and Conditions.

3. ORDER ACCEPTANCE AND CANCELLATION

You agree that your order is an offer to buy, under these Terms and Conditions, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. Your order will be deemed to be accepted only if and when we send a shipping notice email to your email address. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

4. PRICES AND PAYMENT TERMS

All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price advertised on the Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Payment must be received by us before our acceptance of an order. We accept approved credit cards and other payment methods for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

5. SHIPMENT, DELIVERY, TITLE AND RISK OF LOSS

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.

Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

6. RETURNS AND REFUNDS

Except for any products designated on the Website as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within fourteen (14) days of shipment with valid proof of purchase and provided such products are returned in their original condition. All returns are subject to a ten percent (10%) restocking fee.

Except for any products designated on the Website as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within fourteen (14) days of shipment with valid proof of purchase and provided such products are returned in their original condition. All returns are subject to a ten percent (10%) restocking fee.

Refunds are processed within approximately five (5) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE WEBSITE AS NON-RETURNABLE.

7. FORCE MAJEURE

We shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms and Conditions, for any failure or delay in fulfilling or performing any obligations imposed under these Terms and Conditions when and to the extent the Company’s failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, tsunami, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this agreement; (f) national or regional emergency; (g) strikes, labour stoppages or slowdowns or other industrial disturbances; (h) shortage of adequate or suitable materials, telecommunication breakdown or shortage of adequate power or transportation facilities; and (i) other similar events beyond the reasonable control of the Company.

The Company shall give notice within seven (7) days of the Force Majeure Event to you, stating the period of time the occurrence is expected to continue. The Company shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Company shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

8. YOUR USE OF THE WEBSITE, ACCOUNT SET-UP AND SECURITY

Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user's internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You will be solely responsible and liable for any and all loss, damage and additional costs that you, we or any other person incurs as a result for your submission of any false, incorrect or incomplete information.

You are responsible for all activities that occur under your account or password. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session.

Your provision of registration information and any submissions you make to the Website through any functionality such as applications, profiles, and other interactive functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at swampdonkeyoutdoors.ca/privacypolicy. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

9. THIRD-PARTY WEBSITES

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such websites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party websites.

10. PRIVACY

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at swampdonkeyoutdoors.ca/privacypolicy. as we deem necessary for use of the Website and provision of products and services through the Website.

By using this Website, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on these automated information gathering practices, see swampdonkeyoutdoors.ca/privacypolicy.

11. CONDITIONS OF USE, USER SUBMISSIONS AND CONTENT STANDARDS

As a condition of your access to and use of the Website and products, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws as well as the Terms and Conditions. You may not use, or cause or encourage others to use, the Website for any illegal, harmful, fraudulent, infringing, or objectionable activities.

Unless otherwise expressly authorized in these Terms and Conditions or on the Website, you may not take any action to interfere with the Website or any other user’s use of the Website or decompile, reverse engineer or disassemble any content or other products or processes accessible through the Website, nor insert any code or product or manipulate the content in any way that affects any user’s experience. In addition, we expect users of the Website to respect the rights and dignity of others.

Without limiting the foregoing, you warrant and agree that your use of the Website and all Interactive Functions and any content you post or display on the Website and Interactive Functions (“User Submissions”) shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and will not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) disrupting network services and otherwise disrupting our ability to monitor the Website; (e) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (f) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (g) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (h) otherwise attempting to interfere with the proper working of the Website.

None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. If you do post content or submit material, you grant the Company, its affiliates, licensees, successors and assigns a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Submissions throughout the world in any form or medium. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission. You further grant the Company, and its affiliates, licensees, successors and assigns the right to use the name that you submit in connection with such content, if they choose.

You represent and warrant that you own or have the necessary rights to submit the User Submissions and that the User Submissions are accurate and comply with applicable laws and regulations and these Terms and Conditions. You understand and agree that you, and not the Company are fully responsible for any User Submissions you submit or contribute, and you are legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

12. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name, logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors (collectively, the “Trademarks”). Under no circumstances may users use the Trademarks without the prior written permission of the Company. Except as is required to use the Licensed Trademark as set out in these Terms and Conditions, you may not frame or utilize framing techniques to enclose any Trademarks or other proprietary information (including images, text, page layout, or form) of the Company without express written consent.

Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

Subject to and conditioned on your compliance with these Terms and Conditions, we grant you a limited, nonexclusive, nontransferable, nonsublicensable license to access and make personal and noncommercial use of the Website or its contents. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Company.

We retain all right, title, and interest in and to all intellectual property rights in and to the Website. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by the Company or its licensors.

You may use the Website only as permitted by law. The licenses granted by us terminate if you do not comply with these Terms and Conditions.

13. INTERNATIONAL USERS

The Website is controlled, operated and administered by the Company from its offices within Canada and is not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than that of Canada. The Company does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than Canada. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

14. TERMINATION AND SUSPENSION

We have the right, without provision of notice to you to:

• (a) Disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
• (b) Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.
• (c) Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion including, without limitation, for violating these Terms and Conditions.
• (d) Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
• (e) Modify or discontinue, temporarily or permanently, any portion of our services offered on the Website.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

NO RELIANCE

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.

This Website includes content provided by third parties, including from other users and third-party licensors. All statements and opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

15. RISK OF ERRORS, BUGS, AND DOWNTIME

You acknowledge and accept that the Website and its services (a) may contain bugs, errors and defects, (b) may function improperly or be subject to periods of downtime and unavailability, (c) may result in total or partial loss or corruption of data used in the provision of services on the Website, and (d) may be modified at any time, including through the release of subsequent versions, all with or without notice.

16. WARRANTY DISCLAIMER

If a product offered by the Company is not as described, your sole remedy is to return it in unused condition.

We do not manufacture or control any of the products or services offered on our Website. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any conditions or warranties with respect to the products or services offered on our Website. However, the products and services offered on our Website are covered by the manufacturer's warranty as detailed in the product's description on our Website and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

We attempt to ensure that product descriptions and other content on the Website are as accurate as possible. HOWEVER, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS PURCHASED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ALL PRODUCTS OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; OR (D) REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOUR ITS WARRANTY OBLIGATIONS TO YOU REGARDING ANY PRODUCTS OFFERED ON THE WEBSITE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

17. LIMITATION ON LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND THE PRODUCTS AND SERVICES OFFERED ON THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE AND ITS SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE PRODUCTS AND SERVICES OFFERED ON THE WEBSITE IS AT YOUR OWN RISK.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS AND CONDITIONS; YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE; ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES;

OR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR WEBSITE. THIS CAP ON LIABILITY SHALL NOT APPLY TO (I) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILFUL MISCONDUCT, AND (II) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

18. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions.

19. GENERAL PROVISIONS

19.1 Entire Agreement

These Terms and Conditions (and any additional terms, rules and conditions of participation that we may post on the Service) constitute the entire agreement between you and the Company with respect to the Website and the products and services provided on the Website and supersedes any prior agreements, oral or written, between you and the Company. In the event of a conflict between these Terms and Conditions and the additional terms, rules and conditions of participation, the latter will prevail over the Terms and Conditions to the extent of the conflict.

19.2 Waiver and Severability of Terms

The failure of the Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Should any provision or part of any provision of these Terms and Conditions be deemed invalid by any court, that provision, or portion of the provision, shall be severed and the remaining provisions shall remain intact with the necessary amendments.

19.3 Governing Law and Choice of Forum

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Alberta of or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Alberta of or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

19.4 Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions.

19.5 No Third-Party Beneficiaries

These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person or entity other than you.

19.6 Notice

We may provide any notice to you under these Terms and Conditions by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current

20. REPORTING AND CONTACT

The Website is operated by Swamp Donkey Outdoors 2021, located at 5838 87A Street, Edmonton, Alberta T6E 5Z1.

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at contact@swampdonkeyoutdoors.ca.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to contact@swampdonkeyoutdoors.ca.