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Terms and Conditions of Use

Please read these Terms and Conditions of Use and our Privacy Policy carefully before using this Site. By using this website, you agree to be bound by the terms and conditions in each of these statements.

Waivers apply to all purchases - see Terms of Sale. Excerpt: "Quad-Lock assumes no responsibility regarding the use of its Products or any other third party Products resold by Quad-Lock. It is the responsibility of the Buyer and any others who use or install the Products to comply with all applicable regulations and building code requirements concerning the use of the Products. It is further the responsibility of the Buyer and any others who use or install the Products to research and understand safe methods of use and handling of the Products."


This website (this "Site") is provided by Quad-Lock Building Systems ("Quad-Lock"), for use in Canada, the United States, and Great Britain only, conditional on your acceptance of the terms and conditions set forth below (the "Terms and Conditions"). By accessing, using and/or downloading materials from this Site, you agree on your own behalf and on behalf of each person or entity on whose behalf you act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or use materials from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with Quad-Lock.

Quad-Lock has the right, at its sole discretion, to add, remove, modify or otherwise change any part of these Terms and Conditions, including the Privacy Policy, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Your continued use of this Site or downloading or use of materials from it after any such changes are posted will be considered acceptance of those changes.

Quad-Lock may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features, at any time without notice or liability. Quad-Lock may similarly remove, add, modify or otherwise change any content, including that of third parties, on or from this Site. Quad-Lock may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability.

Proprietary Rights

Limited License and Copyright. Subject to the terms and conditions set forth in this Agreement, Quad-Lock grants you a non-exclusive, non-transferable, limited right to access, use and display this Site, and the visible text, graphics and images thereon (the "Materials"), and to view and download the Materials, only in connection with the products and services described by Quad-Lock for use in Canada, the Untied States, and Great Britain.

This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions: a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; b) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; c) you may not transfer the Materials to any other person without our written consent; and d) you may not print or copy any of the HTML or other computer programs that are viewable at this Site. You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time. This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Quad-Lock does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of Quad-Lock or any direct or indirect subsidiary thereof (an "affiliate" of Quad-Lock or "its affiliate").

Trademarks. The product names, company names and logos of Quad-Lock or any affiliate used on this Site may be trademarks including registered trademarks of Quad-Lock or an affiliate. Such product names, company names and logos of Quad-Lock and its affiliates may not be copied, imitated or used, in whole or in part, without the prior written consent of Quad-Lock or such affiliate. Other product and company names mentioned on this Site may be the trademarks of their respective owners.

Reservation of Rights. Quad-Lock and its affiliates' products, services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. Quad-Lock and its affiliates reserve all such rights.

Software. Any software, including calculator software, as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of Quad-Lock, its affiliates and/or their suppliers. You are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose and may not distribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the Software.

Termination. Quad-Lock may terminate all rights and licenses contained herein and, upon such termination, you shall immediately destroy all Materials and Software.

Disclaimer and Limitation of Damages

Quad-Lock believes the information contained herein to be accurate at the time of preparation. The information has been compiled using sources believed to be reliable. Neither Quad-Lock nor its employees or representatives make any representation or warranty, express or implied, whether arising by statute, operation of law, custom of trade or otherwise, with respect to the accuracy or completeness of information contained in this Site or its fitness for any particular purpose, nor do they assume any liability for damages or injury resulting from the application of such information.

The Materials and information accessible through this Site may contain inaccuracies and typographical errors. Quad-Lock, its affiliates and / or their suppliers make no representations or warranties about the accuracy or completeness of the Materials or information accessible through this Site, or the reliability of any advice, opinion, statement or other information displayed or distributed through this Site. You acknowledge that any reliance on any of the foregoing shall be at your sole risk. Quad-Lock reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site. Quad-Lock may make any other changes to this Site, the Materials and the products, services, programs or prices (if any) described on this Site at any time without notice or liability. The products and services of Quad-Lock are subject to the terms and conditions of the agreements governing their use.

This Site, the Materials and information accessible through this Site and the Software are provided "as is" without any representation or warranty, express or implied, of any kind, and Quad-Lock, its affiliates and their suppliers hereby disclaim all warranties and conditions with regard thereto, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise at law, or from a course of dealing or use of trade. Quad-Lock does not warrant that this Site or the Software will operate without interruptions or that it will be error free.

In no event shall Quad-Lock, its affiliates and / or their suppliers be liable for any direct, indirect, incidental, consequential, punitive, exemplary, reliance, special or other damages (including, without limitation, damages for harm to business, lost profits, lost savings or lost revenues, business interruption, loss of information or programs or other data on your information handling system) related to the use of, or the inability to use, this Site, its contents or Materials available from this Site, or any information, Software, products and services obtained through this Site, or functions of this Site or any linked website, whether or not any of Quad-Lock, its affiliates and / or their suppliers has been advised of the possibility of such damages.

The limitations of liability and disclaimers herein contained apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

Waivers apply to all purchases - see Terms of Sale. Excerpt: "Quad-Lock assumes no responsibility regarding the use of its Products or any other third party Products resold by Quad-Lock. It is the responsibility of the Buyer and any others who use or install the Products to comply with all applicable regulations and building code requirements concerning the use of the Products. It is further the responsibility of the Buyer and any others who use or install the Products to research and understand safe methods of use and handling of the Products."

Because some jurisdictions do not allow exclusions of implied warranties or conditions or limitations of liability for direct, indirect, consequential, incidental or other types of damages, the above exclusions or limitations may not apply, or may only partially apply, to you.

User Conduct

You agree: a) not to use this Site in any manner which could damage, disable, overburden or impair this Site; b) not to interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; c) not to disrupt or interfere with any other person's use and enjoyment of this Site or affiliated or linked sites; d) not to upload, post or otherwise transmit on this Site any viruses or other harmful, disruptive or destructive files or computer programs; e) not to use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at this Site; f) not to use or attempt to use another's account, service or system without authorization from Quad-Lock, or create or use a false identity on this Site; g) not to transmit on this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; and h) not to attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted to or for your account, and that you will comply with all applicable laws that relate to your use or activities on this Site.

On-line Communities and Other Interactive Areas

To the extent that this Site contains bulletin boards, chat rooms, or other message or communication facilities, you agree to use such forums only to send and receive messages and materials that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a forum, you will not post or otherwise disseminate on or through this Site harassing, defamatory, libelous, tortuous, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; will not advertise or offer to sell or buy any goods or services for any commercial purpose unless such forum specifically allows such messages; will not conduct or forward surveys, contests, pyramid schemes or chain letters; and will not harvest or otherwise collect information about others, including e-mail addresses, without their consent. Quad-Lock does not have any obligation to monitor the content of its bulletin boards, chat rooms, or other message or communication facilities. However, Quad-Lock reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post and remove any information or materials, in whole or in part, that in Quad-Lock's sole discretion are objectionable or in violation of these Terms and Conditions.

Links and Third Party Content

As a convenience to you, Quad-Lock may provide, on this Site, links to websites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Quad-Lock makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked third party sources. Links do not imply that Quad-Lock or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Quad-Lock or any of its affiliates.

This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in on-line community discussions. You agree that Quad-Lock shall not have any liability whatsoever to you for any such third party material, data or information.

Quad-Lock encourages appropriate persons, firms and organizations (hereinafter referred to as "you") to place a link from their site on the Internet to quadlock.com.

Unless otherwise agreed in writing, by linking to a Quad-Lock site, you agree that:

  1. Your link text contains at least "Quad-Lock Insulated Concrete Forms" or "Quad-Lock Insulating Concrete Forms";
  2. Logos and other images should only be used as links to quadlock.com and should contain at least "Quad-Lock Insulated Concrete Forms" or "Quad-Lock Insulating Concrete Forms" in their ALT or title text;
  3. Quad-Lock has the right to establish reciprocal text links to your site;
  4. You have no rights in or to Quad-Lock trademarks or service marks by virtue of such link; Such link does not confer to you any rights to distribute, publish or otherwise use copyrighted material of Quad-Lock; You have no rights in or to the trademarks or service marks of any third party displayed on a Quad-Lock site; You will not use such link for any illegal, adult-content, immoral, or improper purpose, nor will you have any such content on your site; You may not use the Quad-Lock brand features to disparage Quad-Lock, its products or services, or in a manner which, in Quad-Lock's reasonable judgment, may diminish or otherwise damage Quad-Lock's goodwill in the Quad-Lock brand features.
  5. You will remove all links from your site to Quad-Lock upon e-mail or other notice to you from Quad-Lock.

Information Provided by You

Quad-Lock does not want you to, and you should not, send any confidential or proprietary information to Quad-Lock via this Site. The security of this Site is by no means guaranteed and you agree that any information or materials that you or individuals acting on your behalf provide to Quad-Lock is sent at your own risk and will not be considered confidential or proprietary. By providing any such information or materials to Quad-Lock, you grant to Quad-Lock and its affiliates an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display or perform (including display or perform in public), communicate to the public, modify, adapt, transmit and distribute such information and materials in any form, with the right to grant sub-licenses, and you also agree that Quad-Lock and its affiliates are free to use any ideas, concepts, know-how or techniques that you or individuals acting on your behalf provide to Quad-Lock for any purpose. You further recognize that Quad-Lock does not want you to, and you warrant that you will not, provide any information or materials to Quad-Lock that are harassing, defamatory, libelous, tortuous, offensive, threatening, obscene or otherwise unlawful, or that incorporates the proprietary or confidential material of another.

Agreement to Privacy Policy

Personal data will be collected, processed, used, communicated, and disclosed by Quad-Lock and its affiliates for the purpose of providing and offering products and services and to facilitate transactions you enter into with Quad-Lock and its affiliates. You can find further information on the collection, use, communication, and disclosure of your personal data in Quad-Lock's Privacy Policy. The Privacy Policy is incorporated by reference into these Terms and Conditions. Such personal information that you provide via this Site, together with information regarding the manner in which you use this Site will be used, processed, communicated and disclosed as permitted by these Terms and Conditions, the Privacy Policy reproduced on this Site, other agreements between the parties related to such information, and as otherwise permitted by law.

On-line Application Pages

If you are interested in requesting our products or services, please visit our application pages when they become available. Those pages will provide details on how to proceed. Please note that the application pages and the other pages of this Site are not an offer by Quad-Lock to sell or to provide any products or services or anything else whatsoever.

International Users and Choice of Law

This Site is controlled by Quad-Lock from its offices within Canada. Neither Quad-Lock nor any of its affiliates makes any representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions are governed by the laws of the province of British Columbia, Canada (without regard to its conflicts of law rules). You consent that all disputes arising out of or relating to this these Terms and Conditions shall be settled finally by arbitration under the Rules of the British Columbia International Commercial Arbitration Centre ("BCICAC").  The arbitration will take place before one arbitrator appointed in accordance with the BCICAC Rules.  The place of arbitration shall be in the City of Vancouver, British Columbia.  Any hearings shall be conducted in Vancouver, British Columbia, and will be conducted in English.  Except for travel and lodging expenses, which will be borne by each party separately, any and all costs of arbitration and any and all lawyer's fees will be borne by the Buyer and/or Quad-Lock as determined by the arbitrator depending on the arbitration's outcome.

General

These Terms and Conditions constitute the entire agreement between Quad-Lock and you with respect to the subject matter hereof. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.

Any rights not expressly granted herein are reserved.

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Last updated: 2011-06-24
 


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