Site Usage Agreement
Currency Date: July 23, 2012
* a. YOUR ACCESS TO THIS SITE IS SUBJECT TO THE LEGALLY BINDING TERMS AND CONDITIONS WHICH ARE SET OUT IN THIS AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THIS AGREEMENT CONTAINS, AMONG OTHER LEGALLY BINDING PROVISIONS, DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES AS WELL AS EXCLUSIONS AND LIMITATIONS OF LIABILITY.
* b. BY ACCESSING AND USING THIS SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE WITHOUT LIMITATION OR QUALIFICATION TO BE BOUND BY THEM.
* c. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS SITE.
You agree that the provisions of this Agreement are legally binding upon you and that access to the Site constitutes consideration at law which you have received.
In this Agreement:
* a. "Access" means viewing or otherwise obtaining information located on the Site, including downloading Content.
* b. “Applicable Corporation” means a corporation or other legal entity which provides the relevant products or services described on the Site.
* c. “Claims” means claims, losses, damages (direct, indirect, consequential or otherwise), suits, judgments, causes of action, legal proceedings, executions, demands, penalties or other sanctions of every nature and kind whatsoever, whether accrued, actual, contingent or otherwise and any and all costs arising in connection therewith, including, without limitation, all legal fees and disbursements (including, without limitation, all such legal fees and disbursements in connection with any and all appeals).
* d. “Content” means the information and materials on the Site, which may include the underlying HTML, text, images, audio clips, video clips and software.
* e. “Providers” means Oxford Builders Supplies Corporation, other Applicable Corporations and all of their affiliates, employees, agents and third party content providers.
* f. “Site” means this web site (oxfordbuilders.ca), which is a website owned and maintained by Oxford Builders Supplies Corporation.
* g. "Users," means persons who access the Site.
CORPORATE IDENTIFICATION AND LEGAL RESPONSIBILITY
* a. Oxford Builders Supplies Corporation is the owner of the Site and except as provided below, the copyright and other intellectual property rights in the Site.
* b. Oxford Builders Supplies Corporation is a business name of EllisDon Construction Limited.
* c. Services described in the Site may be provided by Oxford Builders Supplies Corporation or an affiliate of Oxford Builders Supplies Corporation.
* d. Oxford Builders Supplies Corporation and the other corporations which are referred to in the Site or in this Agreement are separate legal entities which are each responsible for their own legal obligations, and are not responsible for the legal obligations of each other.
ACCEPTANCE OF TERMS
* a. By accessing the Site, you accept and agrees to all of the provisions of this Agreement. You agree that you are subject to, and agree to be bound by, the terms, conditions and policies set by Oxford Builders Supplies Corporation from time to time, provided that such terms, conditions and policies have been posted on the Site. Oxford Builders Supplies Corporation reserves the right to modify such terms, conditions and policies at any time, including, without limitation, imposing a fee to access certain materials contained on the Site.
* b. Oxford Builders Supplies Corporation has the exclusive right to control accessibility, hours of use and Content. Oxford Builders Supplies Corporation can restrict access to any or all portions of the Site or remove any Content at any time. Oxford Builders Supplies Corporation reserves the right to monitor use of the Site and to intervene in the operation of the Site, but does not make any representation or warranty that it will do so. You consent to any such monitoring and intervention. Access to the Site may be interrupted from time to time for maintenance or for reasons beyond the reasonable control of Oxford Builders Supplies Corporation. You waive any Claims that you may have in connection with any lack of accessibility to the Site.
* c. You are solely responsible for providing the equipment related to accessing the Site, including all computer, remote communications equipment, telephone or other equipment.
ACCESS TO RESTRICTED AREAS AND PASSWORDS
If you are required to obtain a password to access a portion of the Site or to be permitted to upload Content to the Site, download Content from the Site or provide information to an Applicable Corporation, you are responsible for maintaining the confidentiality of your password and for all activities conducted by you after entering your password. Oxford Builders Supplies Corporation reserves the right, in its sole discretion, to refuse, suspend, or terminate access to any area of the Site for any reason including, without limitation: (1) for any breach of this Agreement; (2) requests by law enforcement or other government agencies; or (3) unexpected technical issues or problems.
All intellectual property rights, including copyright, in the Content (with the exception of Content provided by third party Content providers with their agreement) is owned by Oxford Builders Supplies Corporation. Other than the download to the viewer's computer that is inherent in viewing a web page, Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, "framed" on another Site, or distributed in any way without the prior written consent of Oxford Builders Supplies Corporation. Despite the foregoing, Oxford Builders Supplies Corporation hereby authorizes you to download and print pages of the Site, subject to the following provisions: (i) the copyright notice appears on all such printouts; (ii) the Content will not be altered in any manner; and (iii) Content is only to be used for personal educational and non-commercial use and will not be redistributed, broadcast or copied to any other media. Any third party Content appearing on the Site is the property of its owner. You are not permitted to use any of such third party Content without permission of the owner of the same.
The trademarks, logos and service marks displayed on the Site (collectively the "Trade-marks") are registered and unregistered trade-marks of Oxford Builders Supplies Corporation and of others. Nothing contained on the Site shall be construed as granting any license or right to use any Trade-mark without the express prior written permission of Oxford Builders Supplies Corporation or such third party as may own any Trade-mark.
You agree that you will not, either personally or through an agent:
* a. Use any device or other means to harvest information about other Users.
* b. Transmit, install, upload or otherwise transfer any virus or other item or process to the Site that in any way affects: (1) the use, enjoyment or service of the Site; or (2) any person’s computer or other medium used to access the Site.
* c. Engage in any action which is detrimental to the use and enjoyment of the Site.
* d. Post or upload any information to the Site, nor modify any information posted on the Site except in areas of the Site specifically designed for that purpose.
* e. Access, or attempt to access, the personal information of another User which is stored on the Site.
* f. Access, or attempt to access a restricted area of the Site using another User's password.
* g. Use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
* h. Probe, scan or test the vulnerability of the site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site, or reverse look-up, trace or seek to trace any information on any other User to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to, personal identification or information, other than your own information, submitted to, or contained on, the Site.
* i. Introduce into or through the Site any information or material that may be harmful to others. You agree not to include, knowingly or otherwise, any error or defect in information that may, among other things, constitute libel, slander or defamation or give rise to a criminal offence or civil liability on the part of any person or entity. You hereby warrant that information or material that you provide to the Providers electronically through your access to or use of the Site does not infringe the rights of any person or entity. Without limiting the generality of the foregoing, you may not:
o i. post, upload, publish, reproduce, transmit or otherwise distribute any part of the Content on the Site:
o 1. in any manner that would constitute a criminal offence or give rise to civil liability or encourage conduct that would
constitute a criminal offence or give rise to civil liability; or
o 2. which is protected by copyright or any other intellectual property right without obtaining the prior written permission
of the holder of the right; or
o ii. otherwise use the Site in a manner that is contrary to law or that would adversely impact use of the Site or the Internet by other Users, including posting or transmitting information or software containing viruses or other disruptive components, or sending unsolicited electronic mail.
DISCLAIMER AND LIMITATION OF LIABILITY
* a. ALTHOUGH THE PROVIDERS HAVE ATTEMPTED TO PROVIDE ACCURATE CONTENT ON THE SITE, THEY PROVIDE THE CONTENT TO USERS “AS IS” AND “AS AVAILABLE” AND THE PROVIDERS MAKE NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT. THE PROVIDERS ASSUME NO RESPONSIBILITY TO YOU OR TO ANY OTHER PERSON FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT.
* b. ANY CONSEQUENCE OF ANY DECISION THAT YOU MAKE BASED ON ANY PART OF THE CONTENT IS YOUR SOLE RESPONSIBILITY.
* c. YOU ACCESS THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT REPRESENTATION, WARRANTY, GUARANTEES OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY LAW, STATUTE, TRADE USAGE OR OTHERWISE, WITH RESPECT TO ANY ASPECT OF THE CONTENT OR THE SITE AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OPERATION, TITLE, USEFULNESS, COMPLETENESS, ACCURACY, ADEQUACY, CURRENCY, RELIABILITY OR NON-INFRINGEMENT, WHETHER STATUTORY, CONTRACTUAL OR OTHERWISE, ARE SPECIFICALLY DISCLAIMED.
* d. NONE OF THE PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE OR ANY OTHER SITE THAT YOU MAY ACCESS THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED REVENUE, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
* e. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PROVIDERS DO NOT GIVE OR MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS, GUARANTEES OR ENDORSEMENTS TO THE EFFECT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS; OR THAT ANY SUCH PROBLEMS THAT ARE DISCOVERED WILL BE CORRECTED. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR THE REPLACEMENT OF EQUIPMENT OR DATA, THE PROVIDERS ARE NOT RESPONSIBLE FOR SUCH COSTS.
* f. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ANY OF THE PROVIDERS OR FROM COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF, USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS.
* g. THE PROVIDERS ARE NOT LIABLE FOR CRIMINAL, TORTIOUS, ILLEGAL OR NEGLIGENT ACTIONS OR OMISSIONS OF OTHER USERS OR THIRD PARTIES. h. IN NO EVENT WILL ANY OF THE PROVIDERS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF ANY USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
o i. The aforementioned exclusions and limitations shall apply whether any Claims are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions shall apply even if any of the Providers have been advised of the possibility of such Claims.
THIRD PARTY CONTENT
* a. The Providers are not the publisher or speaker of any Content that is provided by third party Content providers or by Users and the Providers are not liable for any Claims related to such Content. Any mention on the Site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by the Providers, and the Providers assume no responsibility for those products or services. Any dealings between you and any third party mentioned on or found through the Site are solely between you and the third party, and are subject to any terms, conditions, warranties or representations associated with those dealings.
* b. THE PROVIDERS DO NOT GIVE OR MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS, GUARANTEES OR ENDORSEMENTS OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A SITE TO WHICH THERE IS A LINK LOCATED ON THE SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, THE PROVIDERS DO NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
You agree to defend, indemnify and otherwise hold harmless the Providers and their directors and officers from any and all Claims, sustained, incurred or paid by the Providers related to or arising out of:
* a. your use of the Site;
* b. any violation of this Agreement by you or by any person who uses a password issued to you (“a Password User”) to access a restricted area of the Site;
* c. any acts or omissions of you or a Password User or the negligence of you or a Password User resulting from use of the Internet or access to any website, including the Site; and
* d. the placement or transmission of any information or other materials on the Site by your or a Password User.
You are prohibited from violating or attempting to violate the security of the Site. Oxford Builders Supplies Corporation will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
* a. Oxford Builders Supplies Corporation may disclose any information it has about you (including your identity) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to, or interference with (either intentionally or unintentionally) Oxford Builders Supplies Corporation's rights or property, or the rights or property of other Providers or Users.
* b Oxford Builders Supplies Corporation reserves the right at all times to disclose any information about you that Oxford Builders Supplies Corporation deems necessary to:
o i. comply with any applicable law, regulation, legal process or governmental request;
o ii. enforce this Agreement; or
o iii. respond to Claims that any data violates the rights of others or to protect the rights, property or personal safety of
any person. This includes, without limitation, exchanging information with other companies and organizations for fraud
* c. You agree that Oxford Builders Supplies Corporation may, in its sole discretion and without prior notice, suspend or terminate access to the Site for any reason whatsoever, and without limiting the generality of the foregoing, if in its discretion it concludes that you have violated any agreement, policy or law which applies to the use of the Site. LINKS Links available on the Site (the "Links") will allow users to link to websites not maintained or controlled by Oxford Builders Supplies Corporation, including sites of Applicable Corporations. Oxford Builders Supplies Corporation provides these links for the convenience of Users, and is not responsible for the contents of any linked site. Using such Links is at your risk.
If at any time a Provider makes software available through the Site to be downloaded, the Provider will use reasonable commercial efforts to ensure that such software is suitable for use on a wide variety of computer systems. However, it will be your responsibility to take all reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of any such software with your specific computer system.
Except for software expressly identified as being owned by a Provider, any software available for downloading through the Site is provided by third party software vendors pursuant to license agreements or other arrangements between such vendors and end-users. The Providers do not sell, resell, license or sub-license any such software on the Site, and the Providers disclaim any responsibility or liability related to such software. Any questions, complaints or Claims related to such software should be directed to the appropriate vendor. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software downloaded through the Site. In the event of any express inconsistency between these terms and those contained in any license agreement with a software vendor, the terms contained herein shall prevail.
Oxford Builders Supplies Corporation honors the intellectual property rights of others and asks the same of Users of the Site. Oxford Builders Supplies Corporation may, in its sole discretion, terminate the access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others.
Any comments, material, information or other communication you transmit or post to the Site (a "Submission") shall be considered non-confidential and non-proprietary. The Providers shall have no obligations with respect to your Submissions. Oxford Builders Supplies Corporation shall be free to copy, disclose, distribute, incorporate and otherwise use your Submissions and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. Oxford Builders Supplies Corporation reserves the right to edit, re-purpose or re-publish any article submitted to Oxford Builders Supplies Corporation in any medium for any reason with or without proper credit to the author. For the purposes of this Agreement, "proper credit" means the author's name and, where possible, a link to the author's Website and/or electronic mail address, when such information has been included in the Submission. The publication of any articles submitted to Oxford Builders Supplies Corporation is solely at the discretion of Oxford Builders Supplies Corporation.
FORWARD LOOKING STATEMENTS
Certain statements made on the Site, which describe the intentions, expectations or predictions of the Providers, are forward-looking and are subject to certain risks, uncertainties and therefore a number of factors that could cause the results or events predicted in these statements to differ materially from current expectations and from actual results or events. The Providers disclaim any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
CHANGES TO CONTENT
Oxford Builders Supplies Corporation reserves the right to delete, modify or supplement any Content from the Site, in whole or in part, at its sole discretion, at any time, without notice to anyone.
CHANGES TO TERMS AND CONDITIONS
Oxford Builders Supplies Corporation may modify, alter or otherwise update the terms of this Agreement from time to time, without notice, by updating this posting. The date of the last modification will appear at the top hereof. You agree to review the terms of this Agreement each time you access and use the Site and to be bound by such terms and conditions as are in effect at the time when you access the Site. Your access and use of the Site constitutes irrefutable proof of your consent to be bound by these Terms and Conditions.
* a. Except as otherwise provided above, this Agreement constitutes the entire agreement between Oxford Builders Supplies Corporation and you regarding the subject matter hereof.
* b. Upon your breach of this Agreement, Oxford Builders Supplies Corporation may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Oxford Builders Supplies Corporation's remedies are cumulative and not exclusive. Failure by Oxford Builders Supplies Corporation to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.
* c. Any dispute arising out of this Agreement shall be governed by the laws of the Province of Ontario, Canada, notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in the Province of Ontario, Canada, and you attorn to the exclusive jurisdiction and venue in such courts for such purpose.
* d. Oxford Builders Supplies Corporation makes no representation that the Content is appropriate or available for use in any location other than the Province of Ontario, Canada. If you choose to access the Site from outside of the Province of Ontario you do so through your own initiative and you are responsible for compliance with local, national and international laws, if and to to the extent that such laws are applicable.
* e. If any provision of this Agreement or any part of any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision or part shall not affect the validity, legality or enforceability of any other provision of this Agreement or the balance of any provision of this Agreement absent such part and such invalid, illegal or unenforceable provision or part shall be deemed to be severed from this Agreement and this Agreement shall be construed and enforced as if such invalid, illegal or unenforceable provision or part had never been inserted in this Agreement.
* f. No amendment, supplement, modification, waiver or termination of this Agreement shall be binding on the parties unless same is in writing and signed by each of the parties.
* g. Neither this Agreement nor any rights or obligations of any of the parties under this Agreement may be assigned by you without the prior written consent of Oxford Builders Supplies Corporation.
* h. The Providers and you are deemed to have agreed that these Terms and Conditions and all related documents be drafted in English only. Les “Providers” et vous-même serez considérés comme ayant convenu que les présentes conditions et tous documents s'y rapportant soient rédigés en anglais seulement.
* i. This Agreement shall enure to the benefit of and shall be binding upon the parties and their respective representatives, heirs, executors, administrators, successors and permitted assigns.