Effective Date: July 13th, 2021
Last Modified Date: July 12th, 2021

1.  Acceptance of Terms of Use

 It is important that you (website user and/or customer) read all the terms carefully. These website terms and conditions (these “Terms”) of use for rvpartstogo.com (“RV Parts to Go”), operated by Buttermilk Falls Inc. (“Buttermilk Falls”), constitute a legal agreement, and are entered into by and between you and Buttermilk Falls. These Terms, together with any documents and/or additional terms it expressly incorporates by reference, state the terms under which you may access and use the website.

These Terms require the use of arbitration to resolve disputes, rather than recourse to the judicial system.

By using or placing an order for products and services from this website (collectively, the “Services”), you accept and agree to be bound by and comply with these Terms and our privacy policy, found at https://rvpartstogo.ca/policies/privacy-policy. If you do not agree to these Terms or the privacy policy, you must not access or use the website.

You may not use our Services if you: (i) do not agree to these Terms; (ii) are not at least 18 years old; or

(iii) are prohibited from accessing or using this website or any of this website’s contents, products or services by applicable law. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms.

2.  Revisions to these Terms

These Terms are subject to change by Buttermilk Falls, in our sole discretion, at any time and for any reason without prior written notice. If you continue to use the Services after any change, it will constitute your acceptance of and agreement to such changes. Your only remedy for dissatisfaction with the Services, the Terms, or any updates, is to stop using the Services. You should review these Terms before purchasing any product or services that are available through this website.

3.  Terms for Online Sales

3.2  Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. 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.

3.2  Prices and Payment Terms

All prices, discounts and promotions posted on this website are subject to change without notice. The price charged for a product or service will be the price advertised on this 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.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, Mastercard and PayPal 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.

3.3  Shipping and Delivery

Buttermilk Falls 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 shipping distributor. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

3.4  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 30 days after receiving your purchase with valid proof of purchase and provided such products are returned in their original condition. You are responsible for all shipping and handling charges on returned items, unless otherwise specified. You bear the risk of loss during shipment. Our Refund Policy governs the processing of all returns and refunds.

3.5  Privacy

By submitting your personal information and using our Services, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Services.

3.6  Goods Not for Resale or Export

You represent and warrant that you are buying products or services from the Site for your own use only and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within Canada.

4.  Disclaimer of Warranties

The website, its content, and any services or items found through the website are provided on an “as is” and “as available” basis. By accessing and using the website you acknowledge and agree that use of the website and the content is entirely at your own risk. Buttermilk Falls makes no warranty of any kind (express, implied, statutory, or otherwise) in relation to services and, to the maximum extent permitted by applicable law. Buttermilk Falls disclaims all warranties, including availability, service uptime, merchantability, fitness for a particular purpose or non-infringement or ability for the Services to integrate

or interoperate with other technologies. Unplanned system outages may occur, and Buttermilk Falls does not warrant the Services will run uninterrupted or error free. Buttermilk Falls disclaims all liability for harm or damages caused by third-party content.

 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.

Buttermilk Falls cannot and does not make any representation or warranty concerning security of any communication to or from the website or any representation or warranty regarding the interception by third parties of personal or other information. You are solely and entirely responsible for your use of the website and your computer, internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items found or attained through the website or to your downloading of any material posted on it, or on any website linked to it.

5.  Account Registration and Security

 You may register an account with Buttermilk Falls through RV Parts to Go. You agree (i) to provide accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. Buttermilk Falls reserves the right to suspend or terminate your access to and use of our Services (or any portion thereof). Buttermilk Falls’ use of any personally identifying information you provide as part of the registration process is governed by the terms of our Privacy Policy.

 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 information or personal information to us or our website is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website.

You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify Buttermilk Falls immediately of any unauthorized use of your password or account or any other breach of security. You agree to ensure that you sign-out from your account at the end of each browsing session.

You are prohibited from attempting to circumvent and from violating the security of this website, including, without limitation: (i) accessing content and data that is not intended for you; (ii) attempting to breach or breaching the security and/or authentication measures which are not authorized; (iii) restricting, disrupting or disabling service to users, hosts, servers, or networks; (iv) 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; (v) introducing any viruses, trojan horses, or other material that is malicious or technologically harmful; (vi) otherwise attempting to interfere with the proper working of the website.

6.  Loyalty Program Suspension Rights

By registering as a member for our Loyalty Program (the “Program”), you agree to comply with our Loyalty Program Policy, found at https://rvpartstogo.ca/pages/rewards-program. You acknowledge and agree that Buttermilk Falls may update or amend the terms and conditions of the Loyalty Program Policy at any time and for any reason. It is a condition of your use of the Program that all information you provide in connection with that user account is correct, accurate and complete. In particular, a member of the Program shall not (i) create more than one membership for the purpose of earning loyalty points or other benefits under the Program (one human being = one account), (ii) register with an email address or social media account to which you are not the authorized account holder (as defined below), (iii) send referral links to non-legitimate emails, phone numbers, social media profiles or any other form of account, or engage in bulk sending of referral links (i.e., spamming) to emails, phone numbers, social media profiles or any other accounts for the purpose of earning loyalty points or other benefits under the Program, or (iv) participate in any manipulation or misuse of the Program, transact not in good faith, in a misleading manner, or engage in spamming with respect to the Program. “Authorized account holder” is defined as the natural person who is assigned to an email address or social media account by an internet access provider, on-line service provider, social network, or other organization (e.g., business, or educational institution) that is responsible for assigning email addresses or social media accounts. A member shall not create email addresses, social media profiles, or any other form of account for the sole purpose of entering the Program and earning loyalty points or other benefits under the Program (including entries to any form of contest, giveaway, sweepstakes, etc.).

If Buttermilk Falls determines that a Program member has manipulated or misused, transacted not in good faith, in a misleading manner, or engaged in spamming with respect to any aspect of the Program or failed to comply with any of the Program terms or conditions, Buttermilk Falls may in its sole discretion, at any time, take such actions as it deems appropriate without advance notice to the member, including, but not limited to, revoking any or all of the points in such member’s account and/or suspending the member’s membership in the Program.

7.  Limitation of Liability

 Subject to applicable law, under no circumstance will Buttermilk Falls nor its respective directors, officers, employees, agents, service providers, licensors, suppliers, or successors be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise. The foregoing limitation will apply even if Buttermilk Falls knew of or ought to have known of the possibility of such damages.

 Buttermilk Falls’ 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 and services you have ordered through our site. These limitations apply even if this remedy doesn't fully compensate for any of your losses and even if Buttermilk Falls knew or should have known about the possibility of the damages or the likelihood of their occurrence.

 In no event will Buttermilk Falls, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any loss or damage arising from the failure of Buttermilk Falls or your failure to protect your password or account information.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Buttermilk Falls, their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, 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 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.

8.  Force Majeure

Buttermilk Falls will not be liable to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

9.  Intellectual Property

You understand and agree that the Services and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Buttermilk Falls 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.

Nothing contained on the website should be construed as granting you any license or right to use any trademark logo or design of Buttermilk Falls or any affiliate, without the written permission of Buttermilk Falls or the respective holder of any affiliate trademark. 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.

You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, in any form or medium whatsoever except:

1. your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
2. a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever

All software embedded in or located on or at the website, including, without limitation, all computer code of all types, including all files or images contained in or generated by such software (the “Software”) is protected by copyright and may be protected by other rights. It is owned by Buttermilk Falls.

Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, license, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks

or proprietary notices included in the Software; or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.

10.  Entity

10.1 Governing Law and Jurisdiction

The Services (excluding Third-Party Sites) are controlled by Buttermilk Falls. By using the website, you agree that all disputes, claims or other matters arising from or relating to these Terms will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles and notwithstanding your domicile, residence, or physical location. You agree that all claims will be heard and resolved in a court of competent subject matter jurisdiction located in Ontario. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

10.2  Waiver

No failure to exercise, in whole or in part, any right, remedy, power or privilege arising from these Terms shall constitute a waiver by Buttermilk Falls thereof. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and approved in writing by us.

10.3  Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

10.4  Termination

Buttermilk Falls may in its sole discretion and without cause, terminate your right to access or use the Services (or any portion thereof). Buttermilk Falls may also terminate your right to access and use the Services, or any part of the website, if you breach any term of these Terms. These Terms will be in effect as long as you continue to use our Services.

10.5  Dispute Resolution

Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through the Services, will be resolved exclusively and finally by binding arbitration.

 The arbitrator will be appointed by agreement between the parties or, in default of such agreement, such arbitrator will be appointed by a Judge of the Superior Court of Justice sitting in Toronto, upon the application of any of the parties and such judge will be entitled to act as such arbitrator, if he or she so desires. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid.

The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. To the fullest extent permitted by applicable law, no arbitration or claim under these Terms of use will be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the Services, and no class arbitration proceedings will be permitted.

11.  Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported or actual assignment is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. In consideration of being given the right to use our Services, you agree to be bound by these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

12.  Third Party Websites

For your convenience, this Website may provide links to third-party sites. Buttermilk Falls make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. When the User leaves the Services, our terms and policies no longer govern. Buttermilk Falls has no control over the contents of any such third-party sites and accepts no responsibility for such sites 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 sites.

 You should review applicable terms and policies, including privacy and data gathering practices, of any third-party content, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

13.  Entire Agreement

Our order confirmation, these Terms, our Shipping Policy, Refund Policy and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms, superseding all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. 

14.  Contact Information

If you have any questions regarding these Terms or your use of the Services, please contact us via email at support@rvpartstogo.ca or by mail at 635605 ON-10, Mono, ON L9V 0Z7. A response can be expected within 30 days.