Terms of use

We display an “effective date” at the top of this Agreement so that it will be easier for you to know when there has been a change. Accordingly, you should check this Agreement on a regular basis.

By interacting with MEC after this Agreement has been updated, including by making a purchase at MEC or signing in to your user account (see the “Use of the Site” section below), you agree to be bound by the revised version of the Agreement.

If you do not accept the terms of this Agreement, please do not continue interacting with MEC.

Membership Terms

A Member is an individual who is registered under the MEC membership program. These Membership Terms apply to all MEC members, and when you sign up for a membership, you must agree to this Agreement, including these Membership Terms and the Privacy Notice.

MEC membership is available for free to individuals who are 16 years of age or older. You may only have one active membership at a time. MEC reserves the right to refuse, merge, or close membership accounts at any time. Membership cannot be transferred between individuals.

MEC may discontinue or terminate your membership at any time and for any reason, including if your membership is inactive for a period of time, as determined by MEC in its sole discretion. You may also terminate your membership at any time by contacting Customer Care (see the “Contacting MEC” section below).If your membership is terminated for a violation of this Agreement, for fraudulent activity, for inappropriate conduct, or for violation of any laws, you may not register for another membership with MEC.

MEC may change membership benefits at any time in its sole discretion.

You are responsible for keeping your Membership information accurate and up to date.

You may register for a user account on the Site in connection with your membership. The rules governing your user account are set out in the “Use of the Site” section below.

MEC Member Rewards Program Terms

The MEC Member Rewards Program (the “Program”) is a program that can be added to your MEC membership, which offers membership levels, rewards, and benefits. These Program Terms govern your participation in the Program, and by enrolling in the Program, you agree to this Agreement, including these Program Terms, the Membership Terms, and the Privacy Notice.

Eligibility and Enrollment

The Program is open to all Members. Participation in the Program is free, and no purchase is necessary to enroll. Enrollment in the Program depends on when an individual becomes a Member:

• Members who join after October 1, 2024, are automatically enrolled in the Program when they sign up for membership.

• Members who joined prior to October 1, 2024 must opt-in to participate in the Program.

Program Membership Levels

The Program consists of levels, which are determined by your annual spending with MEC (“Level” or “Levels”): For current Levels, see the Membership Rewards page.

Your spending is calculated on a calendar year basis. Once you reach a new spending threshold, you will be automatically upgraded to the corresponding Level.

You have until the end of the calendar year, starting from the date of your first purchase during the calendar year, to reach the next Level. Once you achieve a Level, you will retain the associated benefits for the rest of that year and the entirety of the next year.

At the conclusion of each calendar year, MEC will review your spending over the past year to determine whether you maintain your current Level or are adjusted to a different Level for the immediately following year.

Only product purchases count towards your spending. Any other purchases or amounts, including but not limited to gift cards, taxes, shipping, services, and rentals, do not count towards your spending.

Returns and cancellations are counted against your spending threshold. Accordingly, your Level will be adjusted based on the net spending after these transactions. If a return or cancellation reduces your annual spending below the threshold for your current Level, MEC will downgrade your membership to the appropriate Level.

Any changes to Level may take several days to be reflected in your member account.

Program Member Benefits

Members participating in the Program may receive various benefits, including rewards and access to events, based on their Level. For current benefits, see the Membership Rewards page.

There is no cash value for rewards (including coupons, offers, and discounts) earned through the Program. Rewards can only be redeemed in accordance with the specific terms associated with them.

Certain benefits, including rewards and experiences, are only available to Members participating in the Program who have consented to receive marketing emails from MEC.

The specific benefits available to you depend on your current Level. Benefits and rewards are subject to availability and may be modified or removed at MEC's sole discretion. Program membership and any benefits, including rewards and access to events, cannot be transferred to another person.

Expiration & Forfeiture of Rewards

Rewards, including coupons, discounts, and offers, earned through the Program will expire after a specified period, which may vary depending on the type of reward. Please refer to the specific terms of each reward for detailed expiry information. Rewards earned through the Program will expire 12 months from the date they are earned unless otherwise noted.

If you unenroll from the Program, close your membership, or if your membership or participation in the Program is terminated for any reason, any unused rewards will be forfeited.

Modifications & Termination

MEC reserves the right to modify these Program Terms, the Program, or any aspect of the Program at any time, without prior notice. If the Program is terminated, any unused rewards will be forfeited and will not be redeemable.

Communications

By enrolling in the Program, you consent to receive communications from MEC related to your membership in the Program. However, to receive marketing communications related to the Program, including rewards and access to events, you will need to consent to receiving marketing communications. You may opt out of marketing communications at any time by following the unsubscribe instructions in those communications. If you opt out of marketing communications, you may not receive all the benefits associated with your Program Level.

Program Disputes

All decisions made by MEC regarding the Program, including eligibility, and benefits (including rewards and access to events) are final and binding.

General Conditions

MEC reserves the right to terminate or suspend your membership or your participation in the Program if we determine that you have violated this Agreement, these Program Terms, or misused the Program in any way.

You may unenroll from the Program at any time by contacting Customer Care. See the “Contacting MEC” section below.

Discount Programs

MEC may offer discount programs for specific groups, at its sole discretion. We may discontinue or alter any discount program at any time. See terms for certain discount programs set out at our Special Offers page.

All product sales from MEC are governed by this Agreement, which includes our Rocksolid Guarantee and Return Policy, and any other terms specific to the purchase (collectively, the “Terms of Sale”).

By purchasing, ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale, which are subject to change without notice at MEC’s sole discretion.

All Sales

You acknowledge and agree that:

• All sizes and weights quoted are approximate.
• All prices listed are in Canadian dollars and all charges will be processed in Canadian dollars. All prices listed are subject to confirmation.
• We may limit the quantity of items that you may buy, at our sole discretion
• Any quoted amounts for sales tax are estimates and subject to the appropriate tax rates of the applicable province or territory at the time of purchase.
• No product may be purchased for re-sale.

Orders for Pick-up or Delivery

When you make an order for store pick-up or for delivery, you acknowledge and agree that:

• You will pay all charges payable for your order.
• We may cancel orders at our sole discretion.
• When multiple products are purchased, the products may ship in multiple deliveries. Multiple charges may be made to your payment method corresponding to different products. If multiple charges are made, the order total quoted at checkout may differ from the amounts charged due to rounding.
• We will use commercially reasonable efforts to deliver items as quickly as possible, and within any time indicated. However, we are not responsible for delivery delays beyond our control. We will endeavour to notify users if delivery is delayed. All items are delivered by a third party, and delivery is governed by their shipping contracts.
• We reserve the right not to ship to certain addresses or post office boxes.

Gift Cards

If you have purchased or are using a Gift Card (including e-Gift Cards), you acknowledge that you have reviewed and agreed to the Gift Card Terms and Conditions and any terms set out on or with the Gift Card.

Rocksolid Guarantee and Warranty

Product returns at MEC are governed by our Rocksolid Guarantee. See also our Return FAQ.

Other than the guarantees set out in the Rocksolid Guarantee, MEC expressly disclaims all warranties associated with products sold by MEC. See the WARRANTIES AND DISCLAIMER section of this Agreement.

By accessing our Site, you accept the terms of this Agreement, which includes our Privacy Notice and our Cookie Notice. In return, MEC grants to you a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Site in accordance with this Agreement solely for personal reasons and not for resale or to provide services to any third parties.

Member user account

Members can create an online user account on the Site. To create a user account, you must provide an email address and create a password. You must also agree to this Agreement, including the Privacy Notice, the Cookie Notice, the Membership Terms.

Once your user account is created, you can provide additional information such as your MEC member number, preferred credit card payment details (note that MEC only keeps tokenized credit card information), and shipping and billing addresses.

It is a condition of your use of your user account that:

• All information you provide in connection with that user account is correct, accurate and complete.
• You are solely responsible for maintaining the secrecy of your account password.
• Your account is for your personal use only. You may not authorize others to use your account or transfer your account to any other person.
• You agree that MEC is not responsible for another party’s access to your account that results from misappropriation of your log-in details. You agree that you will notify MEC promptly of any unauthorized access or use of your account.
• You are solely responsible for all uses of your account and any activity performed through it.
• You agree to ensure that you exit from your user account using the proper sign-out procedures at the end of each session.
• You will use particular caution when accessing your user account from a public or shared computer so that others are not able to view or record your password and other personal information.

We have the right to disable your user account or password and otherwise terminate your right to use your user account or the Site at any time in our sole discretion for any reason, including without limitation if in our opinion you have failed to comply with any of the terms of this Agreement.

Acceptable Use

The Site is intended for access and use only by individuals who are of the age of 16 or above; who are not barred from use of the Site by MEC or under applicable legislation; and who are able to enter into a legally binding contract under applicable legislation. You may use the Site only for lawful purposes and only in accordance with this Agreement. When using the Site, you further agree that you will not:

• Use the Site in any way that violates any applicable local, provincial, national or international law, rule or regulation.
• Use the Site in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
• Send false or misleading information via the Site.
• Use the Site to advertise to or solicit any user.
• Use the Site to resell any products or services unless as authorized under contractual obligations with MEC.
• Make commercial use of the Site.
• Reproduce, publish, modify, distribute, transfer, and/or sell any Content (defined in the “Intellectual property and ownership” section below) on the Site.
• Impersonate or attempt to impersonate MEC or any MEC employee, another user or entity (including, without limitation, the use of email addresses or screen names associated with or confusingly similar to any of the foregoing).
• Use tools or other methods to extract, mine or gather data from the Site; and engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm MEC or the users of our Site or expose us or those other users to liability.

If we believe that there is a violation of this Agreement in your use of the Site that can simply be remedied by you, whether that is the removal of information or other specified actions, we may ask you to take direct action to address the violation to our satisfaction. However, we may be required or determine it necessary to also engage in the situation and determine any additional appropriate action to be taken by us. If you are unable to act in accordance with our requested actions and/or we believe you are a credible risk of harm to us, other users, or third parties, without limiting the other remedies that are available to us under this Agreement, we may terminate permission or license granted by this Agreement and we will terminate your rights to access and use the Site.

Links to third party websites

If our Site contains links to other websites, and/or facilitates registration to events and activities hosted by other third parties, those websites are not governed by this Agreement. Whether we have posted those links or other organizations or individuals have posted those links, you should read their privacy notices and terms of use and make an informed decision about whether you want to use those websites or their services. You are solely responsible for and assume all risk associated with your use of any such website or resources. Where MEC has enabled you to connect with other third-party platforms in order to utilize their services in conjunction with our Site, you will be subject to their collection practices and the terms of use and privacy notices of these third parties. You are responsible for ensuring you verify the URL and are aware when you are redirected to a third-party site and you are responsible for reviewing their terms of use and privacy notices. If you do not agree with their terms of use or privacy notices, you should not use the services offered by such third-party platforms. In any event, you acknowledge and agree that MEC is not responsible or liable for the availability or accuracy of such third-party websites or resources, or the content, products or services on or available from such websites or resources. Links to such websites or resources does not imply any endorsement, approval, association or sponsorship by MEC of such website or the contents, products or services available on or from such website or resources.

Linking to our Site

You may link to our Site, provided you do so in a way that is fair and legal and does not damage or adversely affect our reputation. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice, in our sole discretion. The website from which you are linking must comply in all respects with this Agreement.

Submissions

Any information, opinions, comments, photos, feedback, ideas, product reviews, or any other content you submit, upload or post via our Site (herein referred to as a “Submission”) are under your control and responsibility. MEC claims no intellectual property rights over your Submission and you acknowledge that MEC does not have any responsibility for ensuring the Submission is in compliance with any applicable legislation including copyright, intellectual property ownership or trademark. You agree, however, that with the exception of information contained in a Submission that by its nature is inherently confidential (e.g. payment information), your Submission will be treated as non-confidential and non-proprietary and you agree to allow others to view, comment on and branch your Submission. You hereby grant to MEC a perpetual, irrevocable, paid-up, sublicensable, assignable, worldwide license to use, copy and distribute and disclose to third parties any such Submission for any purpose whatsoever, including operations purposes. You represent and warrant that you own or control all rights in and to your Submission and have the right to grant MEC the license granted above. You represent and warrant that your Submission does and will comply with this Agreement.

Where applicable, you further acknowledge that you have reviewed and agree to any additional applicable Terms and Conditions posted on our Site when submitting to the “Product Review” or “Ask and Answer” sections, which may be governed by third party platforms.

Any feedback, comments or suggestions you may provide regarding MEC and/or the Site is entirely voluntary, and we reserve the right to use or not such feedback, comments or suggestions without obligation.

You understand and acknowledge that you, not MEC, have full responsibility for the content of any Submission that you submit or contribute, including its legality, reliability, accuracy and appropriateness. Any Submission uploaded, expressed or submitted to the Site, other than the Content supplied by us, is solely the opinions and responsibility of the person or entity making the Submission and does not necessarily reflect the views of MEC. We are not responsible, or liable to any third party for the content and accuracy of any Submission posted by you or any other user of the Site.

Without limiting any of the foregoing, a Submission must not:

• Contain any material which is defamatory, libelous, tortious, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, invasive of another’s privacy or otherwise objectionable.
• Contain sexually explicit or pornographic material, including obscene or lewd graphics or photographs.
• Promote the exploitation of minors, human trafficking, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person, including without limitation MEC.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement.
• Be likely to deceive any person, including MEC.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any person or organization.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
• Contain personal information that identifies an individual other than you, including any personal information that could identify a minor.
• Give the impression that such Submission is coming from MEC or any other person or entity.

Monitoring and enforcement of submissions

MEC has the right to do one or more of the following, at its sole discretion:

• Remove or refuse to post a Submission for any or no reason.
• Take any action with respect to a Submission that we deem necessary or appropriate, including if we believe that the Submission violates the terms of this Agreement, infringes any intellectual property right or other right of MEC or a third party, threatens the personal safety of users of the Site or could create liability for MEC.
• Disclose user identities when required to do so by applicable law, including in response to a law enforcement request where such disclosure is permitted by applicable privacy legislation.
• Terminate your access to all or part of the Site.

You release, waive and hold harmless MEC from any claims resulting from any action taken by us during or as a result of our investigations and from any actions taken as a consequence of our investigations by either MEC or law enforcement authorities.

We do not undertake to review any Submission or other material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user of the Site or any other third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

See the WARRANTIES AND DISCLAMER and LIMITATION OF LIABILITY, INDEMNITY, AND RELEASE sections below.

System integrity

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action, which imposes an unreasonable or disproportionately large load on MEC’s infrastructure. Without limiting the generality of the foregoing, you also agree NOT to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
• Use the Site to send harassing or threatening messages to anyone.
• Use any robot, spider or any other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Content or other material on the Site.
• Use any manual process to monitor or copy any of the Content or other material on the Site without our prior written consent, including as may be granted by this Agreement.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
• Attempt to penetrate security measures of the Site or obtain or bypass other users’ passwords.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site are stored, or any server, computer or database connected to the Site.
• Attack the Site via a denial-of-service attack or distributed denial-of-service attack.

When using the Site, the communication of data may be transmitted over networks in which MEC cannot guarantee secure or reliable data transmission. As such, we assume no responsibility for the delay, failure, interruption or corruption of any data or other information transmitted in connection with the Site. From time to time, the Site may be unavailable for reasons within MEC’s control such as system maintenance or reasons outside of MEC’s control. When this occurs, MEC is not liable to you or other users for any interruptions in the use of our Site.

See the WARRANTIES AND DISCLAMER and LIMITATION OF LIABILITY, INDEMNITY, AND RELEASE sections below.

Protection of privacy and security

By using the Site, you are deemed to have read our policies, including our Privacy Notice, and are bound by them. As outlined in the Privacy Notice, protection of your Personal Information is a top priority for us. As such, we will maintain administrative, physical, and technical safeguards at a level no less protective than those described in our Privacy Notice. You understand that through your use of the Site, you consent to the collection, use and disclosure of your personal information in accordance with our Privacy Notice.

In order to maintain the privacy and security of the Site, you must not disclose any security or privacy vulnerabilities that you may discover about the Site to any person except MEC. Immediately upon discovering any issues that may be pose a threat to the privacy and security of the Site or data stored within the Site, you must notify us at privacy@mec.ca.

In accordance with Canada’s Anti-spam legislation (CASL), we require your express or implied consent for your contact information to be used to provide you with information for promotional purposes.

At any time, you can opt-out of commercial electronic communications from us by clicking on the unsubscribe link at the bottom of our emails, adjusting your communication preferences within your user account, or contacting Customer Care.

We may still contact you in relation to your purchases, product safety updates, and other reasons permitted by law.

MEC and our partners and vendors exclusively own and retain all right, title and interest in any and all text, images and graphics, software, source code, apps, specifications, materials, formats, interfaces, text, data, icons, proprietary information, audio and video files, articles, trademarks, logos and other information or content available through our Site or our Stores, including in relation to products, services, membership, or the Program (collectively “Content”). Content does not include Submissions.

Unless otherwise indicated, all Content is intellectual property and is protected by Canadian, United States, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. In particular, “MEC”, “Mountain Equipment Company”, the MEC logo, other MEC logos, and product and service names are or may be registered or unregistered trademarks of MEC, and are protected under applicable laws.

Unauthorized use of the Content is strictly prohibited. Your membership or participation in membership or the Program does not grant you any rights to use any of the Content, unless expressly authorized by MEC. Do not copy, upload, download or share Content or other information unless you have the right to do so.

You, not MEC, are fully responsible and liable for what you copy, share, upload, download or otherwise use while accessing the Site. We reserve the right to remove any Submissions submitted to or through the Site that is or may be in violation of the intellectual property rights of others, without prior notice and at our sole discretion.

MEC permits you to view the Content, solely for your personal, non-commercial use. Images, audio files and videos on our Site must not be altered or digitally enhanced, and their use must be in accordance with Canada’s Copyright Act (R.S.C., 1985, c. C-42). Any other use or alteration of the material is strictly prohibited without our prior written permission.

If you use any Content in breach of the terms of this section, you must cease this breach immediately and you must destroy any and all copies or the Content that you have made. No right, title or interest in or to the Content or the Site is transferred to you under this Agreement or otherwise, and all rights not expressly granted are retained by MEC. Any use of the Site not expressly permitted herein is a breach of this Agreement and may violate copyright, trademark and other laws.

EXCEPT AS OTHERWISE DETAILED IN THE TERMS OF SALE (AS DEFINED ABOVE), THE SITE (INCLUDING ANY CONTENT, LINKS, AND SUBMISSIONS), AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE OR STORES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEC DISCLAIMS ALL EXPRESS OR IMPLED WARRANTIES, GUARANTEES, REPRESENTATIONS, AND CONDITIONS WITH RESPECT TO THE SITE AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS REGARDING ACCURACY, CURRENCY, AVAILABILITY, TIMELINESS, COMPLETENESS, UNINTERUPTED OR ERROR-FREE OPERATION, SECURITY, LEGALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES, OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, MEC DOES NOT REPRESENT THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE.

MEC DOES NOT REPRESENT OR WARRANT THAT THE SITE IS SECURE, ACCURATE, COMPLETE, OR CURRENT. SITE MAY CONTAIN ERRORS, INACCURACIES, OR OMISSIONS AND MAY NOT BE COMPLETE OR CURRENT. MEC RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS, OR TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE, INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES, OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MEC RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, MEC MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, MEC WILL CONTACT YOU TO ARRANGE FOR A REFUND.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. MEC will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your use of the Site. You also agree that MEC has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content or communications maintained by the Site. No advice or information, whether oral or written, obtained from MEC or through the Site will create any warranty not expressly made herein.

From time to time, MEC may offer “test” features within the Site. Such features are offered only for research and user experimental purposes only and may be modified or discontinued by MEC at any time. This Warranties and Disclaimer section applies to such features or tools.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEC, ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DEATH, LOSS OF PROFITS, DATA, USE, GOOD WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR RELATING TO (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (II) ANY CONDUCT OR SUBMISSION OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SITE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATIONS OF YOUR TRANSMISSIONS OR SUBMISSIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY.

TO THE MAXIUMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF MEC, ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, OR AGENTS, RELATED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DEATH, LOSS OF PROFITS, DATA, USE, GOOD WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR RELATING TO YOUR SHOPPING, ORDERS, PURCHASES, RETURNS, AND SERVICES OBTAINED FROM MEC IS LIMITED TO THE AMOUNT PAID TO MEC FOR THE PRODUCT(S) OR SERVICES PURCHASED IN RELATION TO THE CLAIM.

THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD REASON TO KNOW OR KNEW OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU AGREE THAT YOUR EXCLUSIVE AND SOLE REMEDY IS TO STOP USING THE SITE.

YOU AGREE AT ALL TIMES TO INDEMNIFY, DEFEND AND HOLD MEC AND OUR AFFILIATES AND SUBSIDIARIES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS AND REPRESENTATIVES HARMLESS FROM ANY ACTION, PROCEEDING, LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE LEGAL AND OTHER FEES AND DISBURSEMENTS, SUSTAINED, INCURRED OR PAID DIRECTLY OR INDIRECTLY BY MEC AS A RESULT OF (I) YOUR VIOLATION OF THIS AGREEMENT; (II) YOUR USE OF THE SITE OR THAT OF ANY OTHER PERSON WHO ACCESSES THE SITE USING YOUR USER ACCOUNT; OR (III) YOUR SUBMISSIONS. YOU ALSO AGREE TO RELEASE AND HOLD HARMLESS MEC FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DAMAGES, ACTIONS, AND COSTS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, REVIEW OR REPRODUCTION OF THE SITE.

Any Dispute against MEC is subject to the arbitration terms set out below.

Nothing in these terms limits or excludes MEC’s liability for any liability that cannot be limited or excluded by law, and some of the exclusions or limits above may not apply in certain jurisdictions in Canada under applicable laws, including consumer protection laws.

Severability and waiver

Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason, it will not affect or make the remaining provisions in the Agreement unenforceable or invalid to the extent permitted by law. The failure by MEC to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion, and any such waiver will not constitute a continuing waiver unless otherwise expressly provided. All waivers must be in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Arbitration

Except as expressly set out below, and unless applicable laws require otherwise, all disputes, controversies and claims arising under, out of, in connection with, or in relation to this Agreement, or any related matter (each, a “Dispute”) will be referred to and finally resolved by binding arbitration administered by the International Centre for Dispute Resolution (ICDR) Canada in accordance with ICDR’s Canadian Arbitration Rules.

Before you can commence any proceeding as to a Dispute, you must first give us an opportunity to resolve the Dispute by emailing us at info@mec.ca with the following information:

• Your first and last name;

• Your address;

• A description of your claim in the Dispute; and

• A description of the relief you seek if the Dispute is not resolved within 45 business days of receiving your notification. If it is not resolved within 45 business days, you may pursue the Dispute in arbitration.

The arbitration will take place in Vancouver, BC, Canada and will be conducted in the English language. One arbitrator will be assigned to the Dispute. If ICDR Canada is not operative, the arbitration will proceed under the governance of British Columbia’s Arbitration Act (RSBC 1996, c 55). The arbitrator may award on an individual basis relief available in accordance with applicable law, and relief will only be awarded to the individual who is party to the Dispute.

Individuals who are not party to the Dispute will not receive relief. The award will be final and binding, except for any right of appeal provided by the ICDR, and may be entered in any court having jurisdiction over the individual for purposes of enforcement.

Unless applicable laws require otherwise, you have twelve (12) months after the date the Dispute between you and MEC arises to commence arbitration proceedings. After twelve (12) months, any and all proceedings by you regarding the Dispute will not be permitted and MEC shall be entitled to rely on this Agreement as evidence of the agreed to limitation period. Any shorter time limit to commence proceedings that is provided for by applicable law remains unaffected.

Notwithstanding the foregoing, MEC may commence legal proceedings against you in the courts of any jurisdiction for the purpose of seeking injunctive relief or other legal remedies.

Governing law

This Agreement is governed by and will be construed in accordance with the laws of the Province of British Columbia, and any federal laws of Canada that may be applicable in British Columbia. Should situations arise where international laws may be applicable or there be conflict with other jurisdictional laws, the governing law(s) will be applied. The International Sale of Goods Act of British Columbia and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to this Agreement or to the transactions contemplated by this Agreement.

Entire agreement

This Agreement, including the terms and conditions incorporated herein, constitutes the entire and only agreement between us and you, and supersedes any prior agreements, representations, warranties and understandings with respect to your Membership, the Program, the Site, the Content or services provided by the Site, the products and services provided by MEC, and the subject matter of this Agreement.

Enurement

All covenants, representations, warranties and agreements contained in the Agreement will be binding upon and will enure to the benefit of both MEC and you and any respective successors, permitted assigns, legal representatives, heirs and trustees.

Language

These Terms of Use and all related notices and other documents will be written in English and French. If there is a conflict or inconsistency between the English and French versions, the English version will take priority and govern.

Please feel free to contact us if you have any questions or additional comments regarding this Agreement.