Home Hardware Stores Limited (hereinafter referred to as “us”, “we” or the “HHSL”) welcomes you to the Beaver Homes & Cottages website (the “Site”).
You hereby acknowledge and agree that HHSL reserves the right at any time to modify or discontinue the whole, or any part of, the Site, without notice to you, and that HHSL will not be responsible or liable, directly or indirectly, to you or any other person for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
Registration and Account Security
Certain elements of the Site, including your scrapbook, are password-protected and require registration in order to access. When registering with us, you agree to provide complete and accurate information about yourself and to update such information as it changes. It is your responsibility to keep the password provided to you confidential. In the event that your password is used without your consent or you discover any other breach of security, you agree to notify HHSL administrator immediately at email@example.com.
- You hereby agree that you shall not (nor permit anyone else under your password to) use the Site to upload, post, communicate or otherwise transmit through, or to, the Site any content that:
- is unlawful, libellous, discriminatory, hateful, rude, obnoxious, abusive, threatening, harmful, obscene, offensive, or otherwise objectionable (all as determined by HHSL in its sole discretion);
- contains any commercial products (other than those of HHSL or those provided on the Site) and/or their trade-marks, brands, logos or endorsements;
- is disparaging or might be seen to be disparaging to HHSL or its products;
- infringes or might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; or
- contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
- Further, you hereby agree that you shall not (nor permit anyone under your password to) use the Site to:
- disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site; HHSL’s computer systems, servers or networks; or the passwords of other users;
- collect information about others without their consent; and
- upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.
Intellectual Property Rights (Site Content)
HHSL, and any applicable third parties, hold all right, title, and interest in and to any and all content provided by HHSL for the Site, including without limitation all such information in text, graphical, video and audio formats, images, icons, designs, software, model designs, plans, renderings, preliminary drawings and quarter prints (the “Content”). You hereby acknowledge that the Content is protected by copyright, trademark, and other applicable intellectual property laws.
License Granted to HHSL (User Content)
The Site permit users to upload, post or otherwise transmit content (the “User Content”). You hereby grant to HHSL a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to use, copy, reproduce, adapt, transmit, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) you post on, upload to or otherwise submit to, the Site.
User Waivers and Representations (User Content)
You hereby acknowledge, agree, warrant and represent as follows: (i) that you shall be responsible for all acts or transactions that occur under your user account, including, without limitation, for ensuring the accuracy, reliability or completeness of all User Content you upload, post or otherwise transmit to the Site; (ii) that HHSL cannot (nor is it required to) guarantee the accuracy, reliability or completeness of the User Content; and (iii) that HHSL does not generally screen or edit User Content, but reserves the right (though we have no duty) to monitor or to remove, without notice, any User Content on the Site, in our sole discretion.
Indemnification by User
Disclaimer and Limitation of Liability
THE SITE AND ALL INFORMATION PROVIDED BY HHSL AND CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HHSL MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; OR (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON.
AS A RESULT OF YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH HHSL DEALERS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. HHSL IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
HHSL WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY DAMAGES FOR LOSS OF USE, PRODUCTION, INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), SAVINGS OR GOODWILL, ECONOMIC LOSS, OR OTHER INTANGIBLE LOSS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE (INCLUDING THE USE, INABILITY TO USE , OR PERFORMANCE OF THE SITE), AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY HHSL, ITS EMPLOYEES OR REPRESENTATIVES, AND NOTWITHSTANDING THAT HHSL MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES.
YOU EXPRESSLY ACKNOWLEDGE THAT HHSL HAS ENTERED INTO THIS AGREEMENT WITH YOU, AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HHSL. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
The transmission of data or information over the Internet or other forms of networks is not secure, and is subject to possible loss, interception or alteration while in transit. HHSL does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the Internet or otherwise within the Site, such as transmissions involving the use of your password for the Site or the exchange of electronic messages of any kind (including those which may contain your personal information).
Home Hardware, Home Building Centre, Home Hardware Building Centre, Beaver Homes & Cottages and other identifying marks of HHSL are and shall remain the trade-marks and trade names and exclusive property of HHSL, and any use of such identifying marks without our prior written consent is strictly prohibited. Other trade-marks that may appear on the Site are the property of their respective owners.
Governing Law and Jurisdiction
With the exception of a breach by you of intellectual property rights, in the event of any dispute, the parties agree that the dispute shall be resolved by a single arbitrator pursuant to the Arbitrations Act (Ontario), with the arbitration to be held in the City of Toronto and the law applicable thereto shall be the law of the Province of Ontario. The arbitrator appointed pursuant to the Arbitrations Act (Ontario) shall be entitled to award costs of the hearing in addition to the resolution of the claim, and the decision of any such arbitrator shall be final and binding and not subject to appeal.
This Agreement constitutes the entire agreement between HHSL and you pertaining to your use of the Site and supersedes any prior agreements between you and HHSL relating thereto.