TERMS OF USE

Terms of Use

Last updated August 14, 2020

Welcome to the Forest City Surplus Canada online store ("fcsurplus.com", "fcsurplus.ca", "TacticalAdventures.ca", "Camping-Gear.ca", and "Airsoftadventure.ca"). The services offered on this site are done so by Forest City Surplus (1986) Limited as a service to our customers (“you”). Use of the website is subject to the following terms and conditions. By using or shopping on the site, you agree to all of the conditions stated and any related conditions, policies and guidelines.

In the event of improper use of the website, Forest City Surplus reserves the right to cancel your account(s) and to restrict your access to any part or all of its websites at any time, without prior warning, and at Forest City Surplus's sole discretion.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OUR WEBSITES.

Forest City Surplus reserves the right to edit, modify or discontinue using any part of their websites at any time.

Use of Our Websites

Our websites and all its Contents are intended solely for personal, non-commercial use. You may download, copy and print selected portions of the Contents and other downloadable materials displayed on this Site for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the website or in the Contents. Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, this Site or any related software in any form or by any means. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on our websites is strictly prohibited.

Website Security

Users are prohibited from violating or attempting to violate the security of the websites, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test for vulnerabilities of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any header, including any email or TCP/IP packet header. Violations of system or network security may result in civil or criminal liability. Forest City Surplus will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of our websites or any activity being conducted on our websites. You agree, further, not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to scrape, navigate or search our websites other than the search engine and search agents available from Forest City Surplus on this Site and other than generally available third party web browsers (e.g., Mozilla Firefox, Google Chrome, Microsoft Edge, Safari, etc).

Sale of Products and Services

The sale of certain products and services such as, but not limited to airsoft guns, paintball guns, steel BB and pellet guns, knives, dog and bear spray, clearance items, health products, and certain clothing items, on our websites may be subject to additional terms that are either mentioned or linked to on the product page or are mentioned on our return page. All other items are covered by the terms on our return web page. By agreeing to purchase the products you are agreeing to these terms of sale.

To ensure that your package is not stolen by someone else, for orders shipped with our local courier service, the driver must take a photo of you in front of your house number. If the person who receives the package refuses to have his or her picture taken, the parcel will be returned to the store for curbside pickup.

Newsletters and electronic communication

By purchasing through the Forest City Surplus site, emailing us, or subscribing to receive newsletters from Forest City Surplus, you agree that Forest City Surplus has permission to communicate with you, and that these communications meet any requirements that need to be in writing.

We use MailerLite to manage our Surplus Savers Club membership list and to send emails to our Surplus Savers Club members. MailerLite is a third-party provider that may process your data using industry standard technologies to help us monitor and improve our newsletter.

MailerLite's privacy policy is available at https://www.mailerlite.com/privacy-policy.

You can unsubscribe from our newsletter by clicking on the unsubscribe link provided at the end of each newsletter.

Your Privacy

Forest City Surplus customer information is kept in the strictest of confidence. Your personal information will only be used or disclosed for the purpose for which it was collected, or when requested by law enforcement.

We use your personal information to provide you with the product or service you have requested and to offer you additional products and services we believe you might be interested in. Your consent to receive these offers is considered to be implied when your name, address and payment information is provided as part of the order process.

For our full Privacy policy, please see our Privacy Policy below.

Social Content

Customers and visitors to the Forest City Surplus site have the ability to enter comments and product reviews if they have registered a user account on the site. Any submitted content must not include anything illegal or that other viewers may find offensive. Content will be monitored and will only be posted to the site after having been approved by the Forest City Surplus Webmaster. Forest City Surplus reserves the right to reject any content not deemed suitable for the site.  By posting comments on the site, you consent to allow Forest City Surplus to reuse said content in any form of media at any time, and to modify or adapt said content, without compensation or requiring further consent.

Website Content

Forest City Surplus attempts to ensure that all site content is accurate at all times, but cannot be held responsible for any content that may contain errors, is inaccurate or is incomplete in any way.  If you spot an error, please let us know and we will verify and rectify the information where necessary.  If you purchase a product that was not as it was described, you are welcome to contact our staff and discuss return options.  Please see our Returns/Exchange policy page for more information.

Objectionable Content

You understand that by using our websites or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use this Site and any service at your sole risk and that Forest City Surplus shall have no liability to you for Content that may be deemed offensive, indecent or objectionable.

Copyrights and Trademarks

Unless otherwise noted, all materials, including text, graphics, illustrations, pictures, designs, music clips, icons, photographs, programs, video clips and written and other materials that are part of our websites (collectively, the "Contents") are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to Forest City Surplus (1986) Limited and are protected by copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all of content on our websites is the exclusive property of Forest City Surplus (1986) Limited and is also protected by copyright laws. Forest City Surplus (1986) Limited and its suppliers and licensors expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials that appear on this Site. Access to our websites does not confer and shall not be considered as conferring upon anyone any license under any of Forest City Surplus (1986) Limited or any third party's intellectual property rights. The Forest City Surplus name, logos, graphics, and all related product and service names, design marks and slogans are the trade-marks or service marks of Forest City Surplus (1986) Limited. No trade-mark or service mark license is granted in connection with the materials contained on this Site.

Links to Other Websites

References on our websites to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Forest City Surplus (1986) Limited endorsement, sponsorship or recommendation of the third party, information, product or service. Forest City Surplus is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to visit a link to any such third party websites, you do so entirely at your own risk. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of those websites.

Reviews, Feedback, Customer Comments, and Other Submissions

For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Forest City Surplus on or through any one of our online platforms, by e-mail or telephone, electronic message, or otherwise disclosed, submitted or offered in connection with your use of our websites (collectively, the "Comments") you grant Forest City Surplus a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub- licensable right and license to use the Comments however Forest City Surplus wishes to, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way.

For this reason, we ask that you not send us any comments that you do not wish to license to us as described above, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. Forest City Surplus is and shall be under no obligation: (1) to display, maintain or use Comments in any way; (2) to maintain any Comments in confidence; (3) to pay to the user any compensation for any Comments; or (4) to respond to any user Comments. You represent and warrant that any submitted Comments by you to Forest City Surplus will not violate the terms and conditions of this Agreement or any right of any third party, including without limitation, copyright, trade- mark, publicity, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity and will not contain any personal information of any third party. You further represent and warrant that no Comments submitted by you to this Site will be or contain libelous or otherwise unlawful, threatening, defamatory, abusive or obscene material, or contain software viruses, disabling mechanisms, harmful content, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You will not impersonate any person or organization or misrepresent your affiliation to a person or organization. You are and shall remain solely responsible for the content of any Comments you make.

You represent and warrant that you have the right to distribute and reproduce the Comments and to grant the license that you have granted above. You hereby waive all your moral rights in the Comments for the benefit of Forest City Surplus and its successors, assigns, and licensees.

Forest City Surplus does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to our websites. You grant Forest City Surplus the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Forest City Surplus and its affiliates for all claims resulting from or relating to any Comments you submit.

Forest City Surplus and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Indemnification

You agree to defend, indemnify and hold Forest City Surplus (1986) Limited harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of our websites or any breach of this Agreement. This provision shall survive the termination of this Agreement and remain in full force and effect.

Contact Us

For more information, questions, or further details on our policies and conditions, please email us or call toll-free 1-877-393-0056.






PRIVACY POLICY


Privacy Policy
Last updated August 14, 2020
The policy of Forest City Surplus is to respect and carefully protect personal privacy.


Shipping
Customers who place an order are asked for an address in order to calculate shipping costs.
The postal or zip code data is shared with the shipping companies only to calculate this cost.
In order to deliver your order, we share shipping information with the shipping company. (Canada Post/UPS/Fedex)
Shipping details are saved in our database so repeat customers can easily login quickly.

To ensure that your package is not stolen by someone else, for orders shipped with our local courier service, the driver must take a photo of you in front of your house number. If the person who receives the package refuses to have his or her picture taken, the parcel will be returned to the store for curbside pickup.


Cookies
Forest City Surplus uses cookies (small files on your computer) to add up the items you have entered into our online shopping cart.


Secure Server

We use a Comodo Certified secure server for transmission of customer name and contact information.

PayPal
We use PayPal for all online payment processing and we receive no credit card details or passwords.
PayPal simply sends a confirmation message that a payment was processed or declined.


Marketing Preferences
We want to communicate with you in ways that you want to hear from us. Examples are newsletters, special offers, relevant promotion of products and services that we believe you will be interested in, new product announcements, seasonal product suggestions, and more.
When you sign up to receive Surplus Savers Club e-mails or you make a purchase from us, certain information is collected. We use your contact information such as e-mail to provide you with promotional communications. You may choose to stop receiving these communications at any time by simply using the “unsubscribe” link located at the bottom of all of our promotional messages you receive from us, or by contacting us using the contact information listed below. After you have unsubscribded from the promotional emails you may still receive transactional communications related to your order.The promotional information is stored with our email service provider.


Video Surveillance Systems
In order to keep our store operating in a safe and secure manner, we use closed circuit security cameras and digital video recorders inside and outside the building. We have setup four webcams that are available for public viewing on our webcam web page.


Automated Information Collection
We receive and store certain types of information when you interact with our websites, emails, and online advertising. Our purpose is to allow the websites to work correctly, to evaluate use of the website, and to support website analytics and marketing campaigns. Some examples include:
  • We may collect technical information such as your internet protocol address, device identifier (or UDID), type of device, your computer's operating system and browser type, your internet protocol (IP) address, the date and time you accessed our service, the address of a referring website, if any, and the path you take through our web pages. If you make a purchase online, we also use and share this information for the purposes of detecting and preventing fraud.
  • We use both persistent and session “cookies” on our websites to recognize you as you use or return to our sites. This is done so that we can provide a continuous and more personalized shopping experience for you. A cookie is a small text file that your browser may store when you view a web page or certain types of content-rich e-mails. Persistent cookies help us remember your information and settings for future visits to our website (such as your language preferences). Session cookies help us remember your information and settings during your current visit to our website (such as the items in your shopping cart) and will usualy expire after you close your browser.
  • We may also use web beacons. Beacons allow us to know if a certain page was visited, an email was opened, or if ad banners on our website and other sites were effective.


Social Media
We offer you the opportunity to engage with our content on or through third-party social networking websites, plug-ins and applications. When you engage with our content this way, you may allow us to have access to certain information associated with your social media account, (e.g. name, username, e-mail address, photos) in accordance with your social media privacy settings to deliver the content or as part of the operation of the website, plug-in or application. We may use this information to confirm your identity and to personalize your experience on our website or mobile app and on the third-party social networking websites, plug-ins and applications.


Business Transfers
We may transfer any information we have about you in connection with a prospective or completed merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Forest City Surplus or as part of a company reorganization or partnership change, or other change in control of ownership.

Who Can I Contact About the Privacy Policy?
Please feel free to contact the privacy office with any questions or comments about this policy or about how your information is handled by mail to:
FOREST CITY SURPLUS LTD.
Attention: Privacy Officer
1712 Dundas Street
London, Ontario,
Canada
N5W3E1


How Do I Know If This Privacy Policy Changes?
We will post the date our Policy was last updated at the top of the Privacy Policy. Please check our Privacy Policy periodically for any changes.

How Does Forest City Surplus Protect the Privacy of Children On Our Websites?
We are committed to protecting children’s online privacy. Our websites are general audience website not geared towards children. In order to protect the privacy of children, Forest City Surplus's websites do not knowingly collect personal information from children under the age of 13 without prior parental consent. Please contact us if you believe we may have collected information from your child and we will work to delete it.

Better Business Bureau Member
Our business history can be easily verified with the Better Business Bureau.


We do not share customer information with any other companies.







Member of the Better Business Bureau

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