Our Commitment

At The Drift, we’re committed to protecting your privacy and maintaining strong practices in the handling of personal information in our care.

The Drift Collective Inc., including its subsidiaries and affiliates (collectively, “The Drift”), referred to in this Privacy Policy as “The Drift”, “we”, “us” or “our”, has developed this Privacy Policy (this “Policy”) in accordance with applicable privacy legislation.

What is Personal Information?

This Policy applies to the personal information of The Drift’s customers, users and other individuals we deal with. This Policy does not apply to personal information of our employees or employee applicants, or to information that is not personal information.

When we say “Information” we are referring to information that is about you that applicable law classifies as personal information. It does not include information that is anonymous, aggregated, or is no longer identifiable to a specific person.

Our Use of Information

We collect Information for the purposes of managing and administering our business. We may collect Information directly from you or from third parties with your consent or as permitted or required by law.

Information we collect includes, but is not limited to:

• Name, address, email address, telephone number, mobile phone number and other contact particulars;
• Information we collect automatically when you visit our Site at www.thedriftonline.com (“Site”) (see “Cookies and Similar Technologies” below); and
• Other information with your consent or as permitted or required by law.

We’re transparent about how we collect, use, disclose, and safeguard Information in connection with our business in Canada. 

We may use your Information:

• to communicate with you in respect of your The Drift’s products or services;
• to enforce the terms of the products or services you have obtained from us;
• to protect you and us from theft, fraud, and unauthorized access to your account;
• to assess your ongoing needs for products or services;
• to inform you of special promotions or products (see “How We Use and Share Information for Marketing Purposes” below);
• to enter you in and administer promotional contests that we may offer from time to time, and if you win, to identify you for promotion and advertising purposes; and
• for other purposes with your consent or as permitted or required by law.

We may also exchange personal information with our affiliates as necessary for the purposes described above.

The following are examples of when we may use your Information:

• We may disclose Information to our affiliates for internal audit, management, billing or administrative purposes including defending and bringing legal actions.
• We may disclose Information to companies with whom we have agreements for the purposes of offering and administering a product or service offered by them and/or us.
• The Drift may use and disclose Information in connection with the proposed or actual financing, securitization, insuring, sale, assignment, transfer or other disposal of all or part of The Drift or our business or assets for the purposes of evaluating and/or performing the proposed transaction.  Assignees or successors of The Drift or our business or assets may use and disclose your Information for similar purposes as those described in this Policy.
• We may disclose your Information as necessary to meet legal, regulatory, industry self-regulatory, insurance, audit, and security requirements, and otherwise with your consent or as permitted or required by applicable law (including foreign law applicable to our service providers).

How We Use and Share Information for Marketing Purposes

We may use your Information in order to identify your preferences, determine your eligibility for special offers and discounts, and to contact you in regard to such offers and discounts, or to provide other information about our products, services, promotions and events. 

We may share your Information with our affiliates and/or partners for the purposes of developing and promoting new or joint products, improving existing products and services, and contacting you to offer products and services that may be of interest to you.

If you no longer want us to use or share your Information for marketing purposes, as described above, please contact us by mail:

The Drift Collective, Inc. – Attn: Privacy Officer
1101 – 1171 Jervis Street
Vancouver, British Columbia
V6E 2C9

To opt out of our e-mail communications, you may click the unsubscribe link at the bottom of the email message or email hello@thedriftonline.com with the word “Unsubscribe” in the subject line. Please note that if you opt-out of marketing communications, we may still send you information relating to your The Drift account or related products or services.

How We Protect Your Information Across Borders

We may transfer Information to outside agents or service providers (including our affiliates acting in this capacity) that perform services on our behalf, for example mailing, billing, marketing, analytics, information technology and/or data hosting or processing services or similar services, or otherwise to collect, use, disclose, store or process Information on our behalf for the purposes described in this Policy.  Some of these service providers may be located outside of Canada, including in the United States, and as a result your Information may be processed and stored on servers outside of Canada for the purposes described in this Policy. 

Reasonable contractual and other measures we may take to protect your Information while processed, stored or handled by these service providers are subject to applicable Canadian and foreign legal requirements, including lawful requirements to disclose personal information to government and national security authorities in certain circumstances.

Cookies and Similar Technologies

When you visit the Site, we may collect and use your internet protocol address to help diagnose problems with our server and to administer the Site, to identify users and their activities on the Site, and to gather broad demographic information.

We may also use “cookies”, a technology that installs a small amount of information on a website user’s computer to permit our Site to recognize future visits using that computer. Cookies enhance the convenience and use of our Site. For example, the information provided through cookies is used to recognize you as a previous user of our Site, to track your activity on our Site, to respond to your needs, and to otherwise facilitate your experience on our Site. You may choose to decline cookies if your browser permits, but doing so may affect your use of our Site and your ability to access certain features of our Site or engage in transactions through our Site.

The Drift also uses web cookies and pixel tags to track user behavior on our Site and to compile reports regarding user demographics, website traffic patterns, and website purchases. We may then provide these reports to advertisers and others.

Within our applications, we may also use analytic tools and automated tracking technology or methods.  We use these tools to analyze and enhance the user experience. The Drift may use third party advertising networks to display advertising on our Site or other websites. These advertising networks use cookies or similar technologies to track your navigation habits on our Sites and third party websites in order to serve you advertising that is customized to your inferred interests and preferences.  For example, a cookie may be placed on your computer when you visit the Site, which is recognized and used by third party advertising networks to serve you with a The Drift ad when you visit other websites within their advertising network. As described above, you may be able to set your browser to decline cookies. If you decline cookies you may still receive online advertising; however, it may be less personalized.  Some advertising networks participate in industry programs that include web pages to visit to opt out. For example: http://youradchoices.ca/choices.

Third Party Websites

We may provide links to other websites that are not operated or controlled by The Drift including in relation to the provision of products or services.  These websites are not governed by this Policy. We recommend reviewing the privacy statement or privacy policy associated with any linked website prior to visiting the site or providing any Information. 

Your Consent

The Drift collects, uses and discloses your Information with your consent, or as permitted or required by law. Generally, by providing us with your Information, we will assume that you consent to our collection, use and disclosure of such Information for the purposes identified or described in this Policy, if applicable, or otherwise at the time of collection.

We may be required or permitted under statute or regulation to collect, use or disclose Information without your consent, for example to comply with a court order, to comply with local or federal regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us.

You may withdraw your consent to our collection, use and disclosure of your Information at any time, subject to contractual and legal restrictions and reasonable notice. We will let you know the consequences of refusing or withdrawing consent.  Note that if you withdraw your consent to certain uses of your Information, we may no longer be able to provide certain of our products or services.

No method of transmission over the Internet, or method of electronic storage, is 100% secure. We take reasonable measures to protect personal information in our care. On an ongoing basis, we assess the risks associated with the collection, use and disclosure of personal information and we update our privacy and security practices as necessary. Should an unforeseen event occur, such as a data breach or harm caused by bad actors, we have procedures in place to identify, assess and minimize any further risks and determine if there is a real risk of significant harm to individuals.

As part of delivering an optimal service experience, the accuracy of your Information is important to us.

If you wish to request access to or correction of your Information you may write to:

The Drift Collective Inc. – Attn: Privacy Officer
1101 – 1171 Jervis Street
Vancouver, British Columbia
V6E 2C9

Your right to access or correct your Information is subject to applicable legal restrictions.  We may take reasonable steps to verify your identity before granting access or making corrections. If you wish to make inquiries or complaints or have other concerns about our personal information practices, you may write to us as described above by email at hello@thedriftonline.com.

Policy Update

This Policy may be revised from time to time.  If we intend to use or disclose personal Information for purposes materially different than those described in this Policy, we will make reasonable efforts to notify affected individuals, if necessary, including by posting the revised Policy on our Site.  We encourage you to visit the Site frequently to obtain the current version. Your continued provision of personal Information or use of our services following any changes to this Policy constitutes your acceptance of any such changes.  This Policy is effective as of July 2020.

 

 

TERMS OF USE

 

 

These Terms of Use (“Terms of Use”) apply to the web site located at www.thedriftonline.com (“the Site“) operated by The Drift Collective Inc. Please read these Terms of Use carefully.

Description of Service

The Drift Collective Inc. (“The Drift”, “we”, “us” or “our”) provides a platform via the Site to a community of users (“users”, “you” or “your”) to engage in a variety of activities, including without limitation purchasing retail goods or services and accessing editorial content (the “Services”). The foregoing list of Services is not exhaustive and additional Services may be offered by us from time to time. The following are the Terms of Use for using the Site and the Services.

Acceptance of Terms

BY ACCESSING OR USING THE SITE, YOU ACCEPT, UNDERSTAND AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICES AND YOU MUST LEAVE THE SITE IMMEDIATELY.

Modification of Terms

The Drift reserves the right, at its sole discretion, to change or modify any of the terms and conditions contained in these Terms of Use at any time by posting updated Terms of Use on the Site. It is your responsibility to check these Terms of Use periodically for changes or modifications. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES OR MODIFICATIONS WILL MEAN THAT YOU ACCEPT AND AGREE TO SUCH CHANGES OR MODIFICATIONS.  IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST STOP USING  THE SERVICES AND ACCESSING THE SITE.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with The Drift for other products or services including but not limited to the Terms of Sale (as defined herein). Additional information may be found in the FAQ section of the site.

Incorporated Policies or Terms

The following policies, terms and conditions are incorporated by reference into, and made part of, these Terms of Use.

Privacy Policy

The Drift treats your privacy very seriously. Any personal information you provide to us in connection with the Services will be dealt with as described in our Privacy Policy. You can view our Privacy Policy below and on the Site. You agree to the Privacy Policy, and any changes published by The Drift. You agree that The Drift may use and maintain your personal information according to the Privacy Policy, as part of the Services. You give The Drift permission to combine information you enter or upload in connection with your use of the Site or the Services with that of other users of the Site or the Services and/or other products and services. For example, this means that The Drift may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. The Drift may access or store personal information in multiple countries, including countries outside of your own country, to the extent permitted by applicable law.

If you purchase a product or service that is offered through a third-party provider, then you may be required to review and consent to that third-party provider’s privacy policy. If this occurs, then that third-party provider’s privacy policy (and not The Drift’s Privacy Policy) will dictate how the third-party provider uses, stores and shares your personal information. The Drift’s Privacy Policy will continue to dictate how The Drift uses, stores and shares your personal information.

Terms of Sale

All orders placed via the Site are governed by The Drift’s Terms of Sale located at The Drift’s Customer Care page (the “Terms of Sale”). You should refer to our Terms of Sale to learn more about product and pricing information, applicable product warranties, shipping terms, delivery options and our return policy amongst other terms that govern your purchase of goods from the Site. By ordering and/or accepting delivery of the products, you agree to be bound by the Terms of Sale, including but not limited to all conditions, disclaimers and limitations of liability therein. The Terms of Sale are subject to change without prior notice at any time in The Drift’s sole discretion so you should review the Terms of Sale each time you make a purchase.

User Accounts

As part of your use of the Site, you may be permitted by The Drift to register a user account at the point of sale or check-out (the “User Account“).

As part of the creation of your User Account you will be asked to create single user login credentials with a username and password.

In consideration of your use of the Site, you agree:

• to provide true, accurate, current and complete information about yourself;
• that you represent and warrant that you have the capacity and authority to execute agreements and place orders for The Drift products and services;
• that an order placed by you through the Site is the equivalent of a signed purchase order, and you hereby waive any future challenge to the validity and enforceability of any order submitted via the Site on the grounds that it was electronically transmitted and authorized; that you are responsible for all costs and charges incurred in order to use the Site;
• that you are fully responsible for all activities that occur under your User  Account, and you accept all liability for any acts or omissions by you arising out of the use of your User Account, even if such acts or omissions are not specifically authorised by you;
• to immediately notify us of any unauthorized use of your User Account or any other breach of security; and
• that you are fully responsible for managing your User Account, including but not limited to: maintaining the confidentiality of passwords and/or any User Account information; and maintaining and promptly updating the User Account information to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or The Drift has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Drift may suspend or terminate your User Account and refuse any and all current and future use of the Site by you. User Account information and certain other information about you is subject to our Privacy Policy. For more information, please see our Privacy Policy .

The Materials

Copyright

All copyrighted and copyrightable materials on this Site, including, without limitation, The Drift design, text, graphics, pictures, and other files, and the selection and arrangement (“Copyright Materials“) thereof are the property of The Drift, ALL RIGHTS RESERVED Copyright © 2020 THE DRIFT COLLECTIVE INC. and/or its licensors.

Trademarks and Service Marks [AD5] 

The Drift wordmark, The Drift logo, The Drift icon, product brands and associated logos and all other content, products and services available through and described in this Site, including without limitation, all page headers, custom graphics, displays, graphs, icons, scripts and other components of the Site are either trademarks, service marks, registered trademarks and/or trade dress of The Drift, its subsidiaries and its suppliers and licensors or their respective owners (collectively the “Trademark Materials”).

The Copyright Materials and the Trademark Materials are collectively referred to in these Terms of Use as the “Materials.” Except as expressly stated otherwise herein, none of the Materials may be copied, imitated, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or used, in whole or in part, in any form or by any means (including but not limited to electronic, mechanical, photocopying, recording or otherwise) without the prior written permission of The Drift nor are you permitted to remove or alter any copyright, trademark or other proprietary notices contained in the Materials. Unauthorized use of this Site and/or the Materials contained in this Site may violate applicable copyright, trademark or other intellectual property law or other laws.

All rights not explicitly granted to you in these Terms of Use are reserved and retained by The Drift.

All other company names, logos, and brands are property of their respective owners and are used on the Site for identification purposes only. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Site, please contact The Drift at hello@thedriftonline.com.

Use of Site

The Drift grants you a limited, terminable license to use this Site to make legitimate orders and purchases through the Site and you cannot use this Site nor any other content of any kind on the Site for any other purposes, including without limitation, (a) for any resale or commercial use of the Site or content therein; (b) for the collection and use of any product listings or descriptions; (c) for making derivative uses of the Site; or (d) in conjunction with the use of any data mining, robots, or similar data gathering and extraction methods; or (d) to make any speculative, false or fraudulent orders or any order in anticipation of demand. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of The Drift or any third party.

This Site and the contents provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of The Drift, except that you may print the materials presented on this Site for the licensed purposes only and provided that, you may not, without the permission of The Drift or the respective copyright owner, (a) copy, publish, or post any content on the Site on any web site, computer network or broadcast or publications media (except as expressly permitted herein), (b) modify any content on the Site, (c) remove or alter any copyright, trademark and other proprietary notices contained on the Site, (d) use, frame or utilize framing techniques to enclose any The Drift trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) or (e) use any meta tags or any other “hidden text” utilizing a The Drift name, trademark, or product name. Unauthorized use of this Site and/or any content contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.

User Generated Content 

You may wish to (i) post submissions on the Site or through channels specifically designated by The Drift from time to time which submissions may include reviews, comments, photos, suggestions, ideas, questions, or other similar information; and/or (ii( where applicable, to utilize the Site, to generate text, images, plans, displays, layouts and related content as part of your use of the Site in accordance with these Terms of Use (collectively referred to hereinafter as “User Generated Content”).

The Drift welcomes User Generated Content in the permitted forms and through the designated channels of the Site on the basis that the User Generated Content is not illegal, obscene, threatening, invasive of privacy, defamatory, infringing of intellectual property rights or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation or any form of spam. The Drift reserves the right (but not the obligation) to remove any User Generated Content, or portion thereof, regarding claims without foundations or verifications, but does not review User Generated Content regularly.

If you do create and/or post User Generated Content through your use of the Site in accordance with these Terms of Use you grant The Drift an irrevocable, perpetual, worldwide, royalty-free, license to publish, reproduce, modify and distribute any such User Generated Content, or any portions thereof, in any manner that The Drift deems appropriate including, without limitation, on all social media platforms, the World Wide Web and in any other The Drift advertising/marketing materials or in any media now or hereafter known. You further release The Drift, its affiliates and subsidiaries and each of their respective officers, directors, shareholders, employees, consultants, representatives and agents from any and all liability, claims or damages arising out of or relating to your User Generated Content.

Unless otherwise explicitly stated herein or in The Drift’s Privacy Policy, User Generated Content shall be considered non-confidential and The Drift is under no obligation to treat such User Generated Content as proprietary information except pursuant to The Drift’s Privacy Policy applicable to personally identifiable information.

Age and Responsibility

The Site is not created for children or persons who are under the age of majority in their jurisdiction. By purchasing products from The Drift or providing The Drift with information when using the Site (including but not limited to User Generated Content) you represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You understand that you are financially responsible for all uses of the Site by you and those using your User Account login information.

Termination

You agree that The Drift, in its sole discretion, may terminate your User Account or your access to or use of the Site, or restrict your access to any component of this Site, for any reason, including without limitation, for lack of use or if The Drift believes that you have violated or acted inconsistently with the Terms of Use, Privacy Policy, Terms of Sale or any applicable laws or regulations. The Drift may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to or use of the Site under any provision of the Terms of Use may be effected without notice, and you acknowledge and agree that The Drift may immediately deactivate or delete your User Account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that The Drift will not be liable to you or any third party for any termination or restriction of access to the Site.

Disclaimer

YOU USE THE SITE AT YOUR SOLE RISK. THE SITE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY THE DRIFT TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. THE DRIFT MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS OPERATION, ANY CONTENT OF ANY KIND CONTAINED IN OR GENERATED BY OR THROUGH THE SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE.

THE DRIFT RESERVES ALL RIGHTS TO WITHDRAW OR DELETE ANY INFORMATION, CONTENT, FUNCTIONALITY OR PRODUCTS FROM THE SITE AT ANY TIME WITHOUT NOTICE TO YOU IN THE DRIFT’S SOLE DISCRETION AND WITHOUT LIABILITY TO THE DRIFT.

ANY CONTENT OR INFORMATION PROVIDED IN THE FAQ SECTION OF THE SITE IS PROVIDED FOR YOUR CONVENIENCE ONLY AND MAY NOT REFLECT ALL UPDATES MADE TO ANY BINDING TERMS OF USES OR TERMS OF SALE FOR THE SITE.

THE DRIFT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE,ANY CONTENT THEREON AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, QUALITY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  FURTHER TO THE ABOVE THE DRIFT DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, REPORTS OR SUBSTANCE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF THE DRIFT’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR VIA ANY ELECTRONIC MAIL OR COMMUNICATION SENT BY THE DRIFT, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, ANY DATA, CONTENT, INFORMATION, MATERIALS, OR SUBSTANCE OF THE SITE OR ANY SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

LIMITATION OF LIABILITY

YOU AGREE THAT THE DRIFT, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION OF, CONTENT IN OR PRODUCT OF, MODIFICATION OF, OR DISCONTINUANCE OF THE SITE BY THE DRIFT IN ITS SOLE DISCRETION, OR ARISING FROM ACCESS TO OR USE OF THE SITE BY YOU OR ANY THIRD PARTY ON YOUR BEHALF. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY (EVEN IF THE DRIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE).

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE DRIFT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS (CDN $100.00).

THE SITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY THE DRIFT. THE DRIFT ASSUMES NO RESPONSIBILITY FOR THE CONTENT, INFORMATION, PRIVACY POLICIES, OR TERMS OF USE OF ANY THIRD-PARTY WEBSITES AND MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY OTHER WEBSITES OR THE CONTENTS OR MATERIALS ON SUCH WEBSITES.  THE DRIFT PROVIDES SUCH LINKS SOLELY AS A CONVENIENCE TO YOU. THE INCLUSION OF ANY LINK DOES NOT IMPLY ANY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY THE DRIFT OF THE LINKED WEBSITE OR INFORMATION CONTAINED THEREIN.  BY USING THE SITE, YOU EXPRESSLY RELIEVE THE DRIFT FROM ANY AND ALL LIABILITY ARISING FROM YOUR ACCESS TO OR USE OF ANY THIRD PARTY WEBSITES. ACCORDINGLY, WE ENCOURAGE YOU TO READ THE TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY AND ANY TERMS OF USE, GOVERNING EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE SITE.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Indemnification

You will indemnify, defend and hold harmless The Drift, its affiliates and subsidiaries and each of their respective officers, directors, shareholders, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf or by any third parties arising from or in connection with (i) your use of or access to the Site, including but not limited any violation by you of the Terms of Use, Privacy Policy or Terms of Sale, (ii) any violation by you of any third party right (including but not limited to any intellectual property or privacy right of any party) and (iii) User Generated Content. The Drift reserves the right to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.  Your indemnification obligations survive any termination of these Terms of Use.

Disputes

You agree that all disputes, controversies or claims (collectively, “Disputes”) between you and The Drift, whether or not such Dispute involves a third party, arising out of, in connection with or in relation to your relationship or agreement with The Drift, these Terms of Use, the purchase or use of products or services from The Drift and/or rights of privacy or confidentiality, including, without limitation, any and all Disputes regarding: (i) the existence, validity, application, interpretation, performance, enforcement or termination of these Terms of Use; or (ii) the quality, suitability, fitness, merchantability, durability, safety, design, manufacture, distribution, sale, purchase, delivery, instruction, warning, performance or use of any product purchased from The Drift, will be solely and exclusively referred to, and finally resolved by, binding arbitration pursuant to the provisions of the British Columbia Arbitration Act and/or International Commercial Arbitration Act (as applicable) and any amendments thereto.  Such arbitration will be conducted pursuant to the Domestic Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre then in force (the “Arbitration Rules”).  A single arbitrator will be appointed by agreement of the parties involved in the Dispute, or, in default of agreement, such arbitrator will be appointed in accordance with the Arbitration Rules. The arbitration will be governed by the laws of the Province of British Columbia and the laws of Canada as applicable therein.  The arbitration will be held in Vancouver, British Columbia and will be conducted in the English language. The arbitrator will have jurisdiction to award costs of the arbitration, including attorney’s fees and disbursements and arbitrator fees and expenses.  Any award of such arbitrator will be final and binding upon you and The Drift. A judgment on the award of the arbitrator may be entered into any court having jurisdiction over the party or parties against whom an award may be issued and you agree to and hereby waive any defences against the enforceability and execution of any such judgment awarded by the arbitrator as contemplated in these Terms of Use. Where arbitration is prohibited or this section is unenforceable under applicable laws, you and The Drift hereby agree to the exclusive jurisdiction of the courts of the city of Vancouver, British Columbia, Canada with respect to any Disputes. THIS SECTION IS NOT APPLICABLE TO RESIDENTS OF QUEBEC.

Applicable Law

You agree that applicable federal law, and the laws of the Province of British Columbia, without regard to principles of conflict of laws, will govern these Terms of Use and any Dispute of any sort that might arise between you and The Drift.

Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

Severability

These Terms of Use will be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision will nonetheless be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.

Headings

The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

Entire Agreement

These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

Contacting The Drift

If you have any feedback, questions or comments about the Site or its contents, please contact us by emailing us at hello@thedriftonline.com.