Acceptance of Terms Through Use
By using Durabuilt™ Windows & Doors’ web site (the “Site”), you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Use”) and the Privacy Policy Statement (“Privacy Policy”). This Site is for information purposes only and the Terms of Use and Privacy Policy relate specifically to this Site only and do not apply to other affiliated companies, each of which has its own terms of use and privacy policies. We reserve the right to change or discontinue any feature of the Site, including but not limited to the Terms of Use, at any time, by posting revisions onto the Site. You agree to be deemed apprised and bound by any changes to these Terms and Conditions and your continued use of the Site indicates your agreement to the revised terms. You also agree to review this information from time to time as may be required to keep informed of any revisions to the Terms and Conditions. If you do not agree to the terms of this or any revised policy, please exit the Site immediately.
Links to Third Party Sites & Services
The Durabuilt™ website may contain links to and from sites operated by third parties. Durabuilt™ makes no representations whatsoever about any third party content that you may access from the Site or about any website from which you may access the Site and/or which may be linked to this Site. We provide third party content and links only as a courtesy to our users, and such links/content do not imply our endorsement of any linked site/content. The linked site/content are not under our influence or control, and we are not responsible for any third party content or the contents of any linked site or subsequent links from that site. Our Privacy Policy is only applicable when you are on this Site.
Intellectual Property
You acknowledge that all content and materials available on this Site, including the selection, coordination, arrangement and enhancement of such content as well as content original to it are protected by national and international copyrights, trademarks, service marks, patents. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks of, or used under license by, Durabuilt™. The use or misuse of any of these materials is strictly prohibited. Durabuilt™ Windows & Doors, our licencors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site.
Limitation of Liability
Under no circumstances shall Durabuilt™ Windows & Doors,including its employees, officers, directors, agents, consultants, contractors or licencors, be liable for any damages in law or in equity, including without limitation direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or inability to use, the site or from information provided on the site or from any failure of performance, error,omission, interruption, deletion, defect, delay in operation or transmission,computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, and the risk of any injury from the foregoing rests entirely with you. This limitation applies whether the alleged liability is based on contract or, negligence, strict liability or any other basis including any defamatory, offensive or illegal conduct of other users or third parties, even if we have been advised of the possibility of such damage because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. Our liability in such jurisdictions shall be limited to the extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold Durabuilt™ Windows & Doors including its employees, officers, directors, agents, consultants and licensees harmless from and against any and all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Site or the Content therein, including without limitation your violation of the Terms of Use herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Security Precautions
The services and information provided are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. Durabuilt™ Windows & Doors provides information regarding security and privacy in our Privacy Policy. This document is provided as a guideline only, and it is up to the user to remain current and exercise care when using the Internet. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using.
Choice of Law
This Agreement shall be construed in accordance with the laws of the Province of Alberta, and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the courts of the Province of Alberta or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
General
Durabuilt™ Windows & Doors respects your privacy and believes the best way to serve you on the Internet is with honesty, accountability and adherence to legal standards. We are sensitive to the issue of privacy and have structured our online activities to maximize your control over the disclosure of your own personally identifiable information. This Site is for information purposes only and the Terms of Use and Privacy Policy relate specifically to this Site. Please read the respective sites’ terms and policies when accessing other related sites. This Privacy Policy Statement supplements our general Terms of Use, which you must also read. By using our Web site (the “Site”), you agree to be bound by the terms of this Privacy Policy and by the Terms of Use. We may change this Privacy Policy at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. If you do not agree to the terms of this or any revised policy, please exit the Site immediately.
If you have any concerns about privacy procedures at our Site, e-mail us at: information@durabuiltwindows.com. Please make any communications as complete and descriptive as possible and we will attempt to respond promptly to your concerns.