Note: Our Terms of Use is subject to change at any time without notice.
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT GOVERNS YOUR USE OF THE SUMMITDOORS.CA WEBSITE. IT EXEMPTS SUMMIT DOORS AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
1. Your Acceptance of this Agreement
2. Permission to Use the Website
3. Changes to this Agreement
4. Ownership and Permitted Use of the Website
5. Misprints and Errors, Product Availability and Prices
6. Trademark Information
7. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
8. Login Names and Passwords
9. Software Agreements
10. Contests
11. Unsolicited Submissions
12. Your Information
13. Disclaimers, Liability Exclusions/Limitations and Indemnity
14. Personal Information Privacy
15. Other Sites/Resources
16. Termination
17. Governing Law and Dispute Resolution
18. Other Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and Summit Doors and Windows Inc regarding your access to and use of Summit Doors and Windows Inc.' summitdoors.ca Website and all content, information, products and services available on or through the Website (collectively, the "Website"). This Agreement also provides benefits to Summit Doors affiliates, service providers, suppliers and other persons.
Each time you use the Website, you signify your acceptance and Agreement. This Agreement binds the acceptance and Agreement of any person you purport to represent as it reads. You represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement or are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice, recommendations, or an offer to sell any product or service.
This Agreement is in addition to any other agreement you may have with Summit Doors, including a transaction agreement.
2. PERMISSION TO USE THE WEBSITE
You may use the Website only if you are a resident of Canada or the United States, have reached the age of majority where you live, and can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. Summit Doors reserves the right to request proof of identification and age (for example, proof of your ability to purchase certain games). Summit Doors ships products only to addresses in Canada.
3. CHANGES TO THIS AGREEMENT
Summit Doors and Windows Inc may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and Agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
4. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Summit Doors and others. It is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is available for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Summit Doors. You may not sell or resell any part of the Website or access the Website. You may not use any of the software used in the operation or provision of the Website except while you are using the Website per this Agreement.
5. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
Summit Doors and Windows Inc endeavors to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, and omissions (including incorrect product specifications) may sometimes occur. Summit Doors and Windows Inc cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Summit Doors does not warrant that the content of the Website, including, without limitation, product descriptions or photographs, is accurate or complete.
Summit Doors and Windows Inc reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars.
6. TRADEMARK INFORMATION
Summit Doors and Windows Inc™, the SummitDoors.ca logo and other names and logos appearing on or in connection with Website (the "Marks") are registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by Summit Doors and Windows Inc or their respective owners or licensees.
Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel or any license or right to use any of the Marks.
7. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written permission of Summit Doors and Windows Inc are strictly prohibited. To request permission to link to the Website, please email sales@summitdoors.ca. Summit Doors and Windows Inc may, at its discretion, cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that other users of the Website may view such postings.
8. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website are accessible only to users for who Summit Doors and Windows Inc has issued a login name and password (collectively "Codes"). To access the Website, the Codes remain the property of Summit Doors and Windows Inc. They may be cancelled or suspended at any time by Summit Doors at its discretion without any notice or liability to you or any other person.
Summit Doors and Windows Inc is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. Summit Doors and Windows Inc may act upon any communication given with the use of Codes. Summit Doors may, at its discretion at any time, require proof of the identity of any person seeking to access and use the Website and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Summit Doors is not satisfied with such proof.
If you have been issued Codes:
You are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes.
You will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes.
You will ensure that all uses of the Codes comply with this Agreement.
Once you have logged on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged off the Website.
You will immediately notify Summit Doors by telephone at 41-742 -9188 or email: sales@summitdoors.ca if you know or suspect any Codes have been lost or stolen or become known to or used by any other person.
9. SOFTWARE AGREEMENTS
Summit Doors and Windows Inc may cause the software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and the applicable transaction agreement and the Software License Agreement specific to the software govern your downloading and use of the software. By downloading software, you signify your Agreement and acceptance of the applicable transaction agreement and Software License Agreement.
10. CONTESTS
Occasionally, Summit Doors and Windows Inc may make contests available to users of the Website and others. This Agreement and the applicable Contest Rules govern all contests. By participating in a contest through the Website, you signify your Agreement and acceptance of this Agreement and the applicable Contest Rules.
11. UNSOLICITED SUBMISSIONS
To avoid potential misunderstandings or disputes, Summit Doors and Windows Inc does not accept or consider unsolicited ideas or suggestions ("Submissions"). Suppose you send Submissions to Summit Doors or the Website. In that case, you automatically grant (or warrant that the owner of the Submissions grants) to Summit Doors and Windows Inc and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology is now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Summit Doors and Windows Inc or its successors, assigns and licensees. You agree, represent and warrant that all moral rights in the Submissions are waived in favour of Summit Doors and Windows Inc and its successors, assigns and licensees.
12. YOUR INFORMATION
All information you provide through the Website must be true, accurate, current and complete, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information. Summit Doors and Windows Inc will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Summit Doors or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
13. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
DISCLAIMERS
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY SUMMIT DOORS TO THE FULLEST EXTENT PERMITTED BY LAW.
THE FOLLOWING CLAUSE IS INAPPLICABLE IN QUEBEC:
LIABILITY EXCLUSIONS
Summit Doors and Windows Inc AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY SUMMIT DOORS OR ANY PERSON FOR WHOM SUMMIT DOORS IS RESPONSIBLE, AND EVEN IF SUMMIT DOORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
14. PERSONAL INFORMATION PRIVACY
Summit Doors and Windows Inc collects, uses and discloses personal information in accordance with its Privacy Policy which may be changed from time to time by Summit Doors at its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Website. By accepting this Agreement, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by Summit Doors in accordance with the Privacy Policy as it then reads.
15. OTHER SITES/RESOURCES
For your convenience, the Website may include links or references to other Internet sites, resources, and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent of Summit Doors and Windows Inc, and Summit Doors and Windows Inc has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Summit Doors and Windows Inc does not sponsor or endorse Other Sites or their business, goods, services, or content unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Summit Doors and Windows Inc arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Summit Doors and Windows Inc, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
16. TERMINATION
Notwithstanding any other provision of this Agreement, Summit Doors may, at its discretion, change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Summit Doors may, at its discretion and for its convenience at any time, immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
Suppose this Agreement or your permission to access or use all or any part of the Website is terminated for any reason. In that case, this Agreement and all other existing agreements between you and Summit Doors will continue to apply and be binding upon you regarding your prior access to and use of the Website and anything connected with, relating to or arising therefrom.
17. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada (and in the case of use of the Website in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada). Any dispute between you and Summit Doors or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of British Columbia, sitting in the City of Vancouver (and in the case of use of the Website in Quebec by residents of Quebec, before the Courts of Quebec, sitting in the City of Montreal). You hereby irrevocably submit and attorn to those courts' original and exclusive jurisdiction regarding all Disputes.
18. OTHER MATTERS
Suppose any provision of this Agreement is held invalid or unenforceable for any reason. In that case, the provision will be deemed to be severed from this Agreement, and the remaining provisions will continue in full force and effect. This Agreement ensures to the benefit of and is binding upon each of Summit Doors and Windows Inc and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Summit Doors may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Any rights not expressly granted by this Agreement are reserved to Summit Doors and Windows Inc.
You may contact Summit Doors by telephone, email, or postal mail:
Summit Doors and Windows Inc.
737 Fenmar Drive
Toronto, ON M9L 1C8
email: sales@summitdoors.ca
Note: Our Terms of Use is subject to change at any time without notice.
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT GOVERNS YOUR USE OF THE SUMMITDOORS.CA WEBSITE. IT EXEMPTS SUMMIT DOORS AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
1. Your Acceptance of this Agreement
2. Permission to Use the Website
3. Changes to this Agreement
4. Ownership and Permitted Use of the Website
5. Misprints and Errors, Product Availability and Prices
6. Trademark Information
7. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
8. Login Names and Passwords
9. Software Agreements
10. Contests
11. Unsolicited Submissions
12. Your Information
13. Disclaimers, Liability Exclusions/Limitations and Indemnity
14. Personal Information Privacy
15. Other Sites/Resources
16. Termination
17. Governing Law and Dispute Resolution
18. Other Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and Summit Doors and Windows Inc regarding your access to and use of Summit Doors and Windows Inc.' summitdoors.ca Website and all content, information, products and services available on or through the Website (collectively, the "Website"). This Agreement also provides benefits to Summit Doors affiliates, service providers, suppliers and other persons.
Each time you use the Website, you signify your acceptance and Agreement. This Agreement binds the acceptance and Agreement of any person you purport to represent as it reads. You represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement or are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice, recommendations, or an offer to sell any product or service.
This Agreement is in addition to any other agreement you may have with Summit Doors, including a transaction agreement.
2. PERMISSION TO USE THE WEBSITE
You may use the Website only if you are a resident of Canada or the United States, have reached the age of majority where you live, and can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. Summit Doors reserves the right to request proof of identification and age (for example, proof of your ability to purchase certain games). Summit Doors ships products only to addresses in Canada.
3. CHANGES TO THIS AGREEMENT
Summit Doors and Windows Inc may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and Agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
4. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Summit Doors and others. It is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is available for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Summit Doors. You may not sell or resell any part of the Website or access the Website. You may not use any of the software used in the operation or provision of the Website except while you are using the Website per this Agreement.
5. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
Summit Doors and Windows Inc endeavors to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, and omissions (including incorrect product specifications) may sometimes occur. Summit Doors and Windows Inc cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Summit Doors does not warrant that the content of the Website, including, without limitation, product descriptions or photographs, is accurate or complete.
Summit Doors and Windows Inc reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars.
6. TRADEMARK INFORMATION
Summit Doors and Windows Inc™, the SummitDoors.ca logo and other names and logos appearing on or in connection with Website (the "Marks") are registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by Summit Doors and Windows Inc or their respective owners or licensees.
Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel or any license or right to use any of the Marks.
7. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written permission of Summit Doors and Windows Inc are strictly prohibited. To request permission to link to the Website, please email sales@summitdoors.ca. Summit Doors and Windows Inc may, at its discretion, cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that other users of the Website may view such postings.
8. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website are accessible only to users for who Summit Doors and Windows Inc has issued a login name and password (collectively "Codes"). To access the Website, the Codes remain the property of Summit Doors and Windows Inc. They may be cancelled or suspended at any time by Summit Doors at its discretion without any notice or liability to you or any other person.
Summit Doors and Windows Inc is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. Summit Doors and Windows Inc may act upon any communication given with the use of Codes. Summit Doors may, at its discretion at any time, require proof of the identity of any person seeking to access and use the Website and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Summit Doors is not satisfied with such proof.
If you have been issued Codes:
You are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes.
You will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes.
You will ensure that all uses of the Codes comply with this Agreement.
Once you have logged on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged off the Website.
You will immediately notify Summit Doors by telephone at 41-742 -9188 or email: sales@summitdoors.ca if you know or suspect any Codes have been lost or stolen or become known to or used by any other person.
9. SOFTWARE AGREEMENTS
Summit Doors and Windows Inc may cause the software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and the applicable transaction agreement and the Software License Agreement specific to the software govern your downloading and use of the software. By downloading software, you signify your Agreement and acceptance of the applicable transaction agreement and Software License Agreement.
10. CONTESTS
Occasionally, Summit Doors and Windows Inc may make contests available to users of the Website and others. This Agreement and the applicable Contest Rules govern all contests. By participating in a contest through the Website, you signify your Agreement and acceptance of this Agreement and the applicable Contest Rules.
11. UNSOLICITED SUBMISSIONS
To avoid potential misunderstandings or disputes, Summit Doors and Windows Inc does not accept or consider unsolicited ideas or suggestions ("Submissions"). Suppose you send Submissions to Summit Doors or the Website. In that case, you automatically grant (or warrant that the owner of the Submissions grants) to Summit Doors and Windows Inc and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology is now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Summit Doors and Windows Inc or its successors, assigns and licensees. You agree, represent and warrant that all moral rights in the Submissions are waived in favour of Summit Doors and Windows Inc and its successors, assigns and licensees.
12. YOUR INFORMATION
All information you provide through the Website must be true, accurate, current and complete, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information. Summit Doors and Windows Inc will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Summit Doors or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
13. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
DISCLAIMERS
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY SUMMIT DOORS TO THE FULLEST EXTENT PERMITTED BY LAW.
THE FOLLOWING CLAUSE IS INAPPLICABLE IN QUEBEC:
LIABILITY EXCLUSIONS
Summit Doors and Windows Inc AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY SUMMIT DOORS OR ANY PERSON FOR WHOM SUMMIT DOORS IS RESPONSIBLE, AND EVEN IF SUMMIT DOORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
14. PERSONAL INFORMATION PRIVACY
Summit Doors and Windows Inc collects, uses and discloses personal information in accordance with its Privacy Policy which may be changed from time to time by Summit Doors at its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Website. By accepting this Agreement, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by Summit Doors in accordance with the Privacy Policy as it then reads.
15. OTHER SITES/RESOURCES
For your convenience, the Website may include links or references to other Internet sites, resources, and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent of Summit Doors and Windows Inc, and Summit Doors and Windows Inc has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Summit Doors and Windows Inc does not sponsor or endorse Other Sites or their business, goods, services, or content unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Summit Doors and Windows Inc arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Summit Doors and Windows Inc, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
16. TERMINATION
Notwithstanding any other provision of this Agreement, Summit Doors may, at its discretion, change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Summit Doors may, at its discretion and for its convenience at any time, immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
Suppose this Agreement or your permission to access or use all or any part of the Website is terminated for any reason. In that case, this Agreement and all other existing agreements between you and Summit Doors will continue to apply and be binding upon you regarding your prior access to and use of the Website and anything connected with, relating to or arising therefrom.
17. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada (and in the case of use of the Website in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada). Any dispute between you and Summit Doors or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of British Columbia, sitting in the City of Vancouver (and in the case of use of the Website in Quebec by residents of Quebec, before the Courts of Quebec, sitting in the City of Montreal). You hereby irrevocably submit and attorn to those courts' original and exclusive jurisdiction regarding all Disputes.
18. OTHER MATTERS
Suppose any provision of this Agreement is held invalid or unenforceable for any reason. In that case, the provision will be deemed to be severed from this Agreement, and the remaining provisions will continue in full force and effect. This Agreement ensures to the benefit of and is binding upon each of Summit Doors and Windows Inc and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Summit Doors may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Any rights not expressly granted by this Agreement are reserved to Summit Doors and Windows Inc.
You may contact Summit Doors by telephone, email, or postal mail:
Summit Doors and Windows Inc.
737 Fenmar Drive
Toronto, ON M9L 1C8
email: sales@summitdoors.ca
