Terms & Conditions

Date of last update:
August 10, 2022

This website is operated by Rotule Inc, the parent company of Aubier. Hereinafter, the name Aubier will be used, but please note that Aubier is a part of Rotule Inc. Throughout the website, the terms "we", "us" and "our" refer to Aubier. We offer this website, its information, tools and services to you, the user, conditioned on your acceptance of all of the terms and conditions set forth below. If you have any questions regarding these terms and conditions of use of this website, please contact our customer service team by sending an email to hello@aubier.co.

BY ACCESSING THE AUBIER.CO WEB SITE AND USING THE AUBIER.CO SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE. BY VISITING AND USING AUBIER.CO, YOU ARE DEEMED TO HAVE ACCEPTED EACH OF THESE TERMS OF SERVICE AND ANY RELATED POLICIES, TERMS AND GUIDELINES, INCLUDING THOSE AVAILABLE BY HYPERLINK. THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE SITE, INCLUDING BROWSERS, VENDORS, CUSTOMERS, MERCHANTS AND CONTENT DISTRIBUTORS, WITHOUT EXCEPTION. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU DO NOT HAVE PERMISSION TO ACCESS THIS WEBSITE.

Any new features or tools added to the current store will also be subject to the Terms of Service. You can view the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any portion of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to periodically check this page for changes. Your continued use of or access to the website after any changes are posted constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1

Terms of Use of the Site

By accepting these Terms of Service, you represent and warrant that: (a) you are at least 18 years of age, (b) you have full power and authority to agree to these Terms of Service, and (c) you are not breaching any other agreement you may have with a third party by agreeing to these Terms of Service.

Section 2

General Terms and Conditions

We may, without notice to you, modify the Service, discontinue providing the Service or certain features of the Service (to you only or to all users), or we may limit your use of the Service. We may permanently or temporarily terminate or suspend your access to the Service, without notice or liability to Aubier, for any reason or no reason, including, without limitation, if in our sole discretion you fail to comply with any provision of this Agreement. In the event of termination of this Agreement or discontinuance of your access to the Service, for any reason or no reason, you will continue to be bound by the terms of this Agreement, which by their nature should survive termination, including, without limitation, the provisions on ownership of the statute of limitations, disclaimers of warranties, indemnity, and limitations of liability.

You agree not to use the Site in any manner that could: (a) affect the resources of the Site or the availability of the Site to others; (b) compromise the integrity of the system or its security; (c) violate any local, provincial, national or international law (including, but not limited to, copyright laws); or (d) delete or modify any Content on the Site.

You understand that your content (except for credit card information), may be transferred in the clear and may involve (a) transmissions over various networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or affect these terms.

Section 3

Protection of Privacy

Please review our Privacy Policy, which also applies to your visit to the AUBIER.CO website, as part of these terms, to understand our practices.

Section 4

Electronic Communications

When you access the AUBIER.CO website or send us an e-mail, you are communicating with us electronically. By doing so, you consent to receive electronic communications from us. We will communicate with you by e-mail or through updates on the AUBIER.CO site. You agree that any agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Section 5

Copyright

The entire contents of AUBIER.CO - including but not limited to text, design, graphics, artwork, photos, e-mail addresses, illustrations, videos, audio clips, code and software, and the organization and presentation of such content (collectively, the "Content"), are the property of AUBIER.CO or our content suppliers and are protected by Canadian and international copyright laws. Any software used on the AUBIER.CO site is the property of AUBIER.CO or our software suppliers and protected by Canadian and international copyright laws.

Section 7

License and Access to the Site

Aubier grants you a limited license to access and use the AUBIER.CO site, but does not permit you to download (other than page caching) or modify it, or any portion of it, without the express written consent of Aubier. This license does not permit the resale or commercial use of the AUBIER.CO site or its contents; any downloading or copying of account information for the benefit of another merchant; or the use of data mining, robots, or similar data extraction tools.

The AUBIER.CO site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of Aubier. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Aubier without express written consent. You may not use any meta tags or any other "hidden text" utilizing Aubier's name or trademarks without the express written consent of Aubier. Any unauthorized use terminates the permission or license granted by Aubier.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to AUBIER.CO, so long as the link does not portray Aubier or our products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any Aubier logo or other proprietary graphic or trademark as part of the link without express written permission.

Section 8

Service and Price Changes

Prices for our products are subject to change without notice.

We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

Section 9

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (e.g., contest entries) or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without limitation, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments you send us. We do not and will not have any obligation (i) to maintain the confidentiality of any Comments, (ii) to pay compensation for any Comments, or (iii) to respond to any Comments.

We may, but have no obligation to, monitor, edit, or remove content that we, in our sole discretion, deem to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms of Use.

You agree that your comments will not violate the rights of any third party, including copyrights, trademarks, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or computer viruses or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate anyone other than yourself, or otherwise mislead us or others as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 10

Accuracy of Billing and Account Information

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

By placing an order and/or creating an account on the AUBIER.CO website, you agree to: (i) provide accurate, current and complete information, (ii) maintain and promptly update your account information, (iii) keep your password secure and accept all risks of unauthorized access to your account and the information you provide to us, (iv) notify us immediately if you discover any breach of security or unauthorized use of your account and (v) never use another user's account without permission. Aubier will not be liable for any losses caused by unauthorized use of your account.

Section 11

Unlawful Use

In addition to the other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, libel, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in a manner that adversely affects the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling, or scraping purposes; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.

Section 12

Disclaimer of Warranties and Limitation of Liability

We do not warrant that your use of our service will be uninterrupted, timely, secure or error-free.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (except as expressly stated by us) provided on an "as is" and "as available" basis for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Aubier, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of the service or any product obtained through the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) posted, transmitted or made available through the service, even if you have been advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law. 

Section 13

Indemnification

You agree to indemnify, defend and hold harmless Aubier and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, our interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 14

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination not to affect the validity and enforceability of the remaining provisions.

Section 15

Entire agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or relating to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, all prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.