BY VISITING WWW.UPLACESUPPLIES.COM YOU ARE CONSENTING
OVERVIEW
Your access and use of www.uplacesupplies.com and any other publicly
accessed site maintained by “U” Place Home Supplies Inc. linked to this
Legal Notice (collective, the “Sites”) is your responsibility and indicates
your agreement to be bound by these terms and conditions and our
Website Privacy Policy. If you do not agree to
these conditions of use, please do not access or use our Sites.
All visitors are referred to as “user”, “you” and “your”; the terms “we”,
“us”, and “our” refer to “U” Place Home Supplies Inc. (“Company”).
Company may revise and updated these Terms and Conditions and/or our
Privacy Policy at any time. Your continued usage of or access to the Sites
will indicate your acceptance of those changes. You must read these
Terms and Conditions along with any other terms, conditions, or
disclaimers located throughout the Sites.
You are responsible for complying with any local laws that are applicable
in your jurisdiction.
All products and services provided and advertised by Company are
subject to any other applicable terms and conditions governing their use.
SITE USE
Information provided on the Sites and related to our service of supplying
or installing carpeting and flooring (the “Service”) is subject to change.
Company makes no representation or warranty that the information
provided is accurate.
In order to use the Site and Service, you may be required to provide
information about yourself including your name, email address, and
other personal information. You agree that any registration information
you give to Company will always be accurate, correct and up to date. You
shall only be allowed to provide your own personal information and not
the information of others.
You may use the Site and Service for lawful purposes only. You shall not
post on the Site anything that is false, defamatory, misrepresenting, or
would interfere with or restrict any other user from using the Site. This
includes, but is not limited to, posting anything unlawful, obscene,
libelous, indecent, invasive of privacy, or anything that would cause the
potential for civil liability or criminal charges.
Failure to comply with the terms and conditions listed here may cause
you to be removed from the Site.
INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Company,
including, without limitation, trademarks, copyrights, proprietary
information and other intellectual property as well as the Company
name, logo, all designs, text, graphics, other files, and the selection and
arrangement thereof. Company’s logo and Company brand and product
names referenced herein are either registered trademarks or trademarks
of Company or its partners or suppliers. All other brand and product
names mentioned herein are trademarks of their respective owners. You
may not use in any format whatsoever any of the Site or Service content
or intellectual property, in whole or in part without our prior written
consent or as provided for in these Terms and Conditions.
Unless expressly provided otherwise by Company, all comments,
feedback, information or materials submitted to Company through or in
association with the Sites shall be considered non-confidential and
Company’s property. By submitting such comments, feedback,
information or materials to Company, you agree to a no-charge
assignment to Company of all worldwide rights, title and interest in
copyrights and other intellectual property rights to the comments,
feedback, information or materials. Company shall be free to use, copy or
distribute such comments, feedback, information or materials on an
unrestricted basis without accounting to you.
Company authorizes you to view, print, copy and distribute materials on
the Sites provided that:
(a) the information is used internally by you only for informational,
non-commercial purposes;
(b) no fee may be charged for distribution of any information to
any third party; and
(c) any and all copyright or other proprietary notices that appear
herein including “Copyright 2023, “U” Place Home Supplies Inc.
All rights reserved” together with this Legal Notice, must appear
on any copies that you make.
The content on the Sites is protected by Canadian and foreign copyright
laws. Any use of the content not expressly permitted in these Terms and
Conditions is a breach and may violate copyright and other laws. Any
copyright or other legal infringement may result in legal action taken on
behalf of the Company.
DISCLAIMER AND LIMITATION OF LIABILITY
Any product, process or technology published on the Sites may be the
subject of Intellectual Property rights reserved by Company, its
subsidiaries or licensors, and are not licensed under this agreement.
All information provided via the Sites, including, without limitation, any
Company or its subsidiaries’ product or service plans, software programs,
software code, offerings, or other technical or marketing materials
(collectively, “Information”) is intended for informational purposes only
and is subject to change or withdrawal by Company at any time without
notice.
Company assumes no responsibility for the accuracy or
completeness of the Information. THE INFORMATION IS PROVIDED “AS IS”,
WITHOUT WARRANTY OF ANY KIND, INCLUDING (WITHOUT LIMITATION)
ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, CURRENTNESS, OR NON-
INFRINGEMENT. COMPANY FURTHER DISCLAIMS ANY LIABILITY IN
CONNECTION WITH THE SITES OR THE INFORMATION PROVIDED HEREIN.
Some jurisdictions do not allow the exclusion of implied warranties, so
the above exclusion may not apply to you. IN NO EVENT WILL COMPANY
BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER
CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITES, THE
INFORMATION, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING
SYSTEM OR OTHERWISE, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Company assumes no liability for or relating to the delay, failure,
interruption or corruption of any data or other information transmitted
in connection with your use of the Sites.
THIRD PARTIES
The Site and the Service may contain links to third party websites and
resources. You acknowledge and agree that we are not responsible or
liable for the information or services of these third party websites or
resources. Links to such websites or resources do not imply any
endorsement by or affiliation with Company. Unless otherwise stated,
these Terms and Conditions only cover the use of Sites. Any other link
will be covered by the terms and conditions of that specific site. You
acknowledge and accept that we are not responsible for the terms or
practices of third parties. You acknowledge sole responsibility for and
assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all
claims, actions or demands, liabilities and settlements, as well as third
party claims and causes of action, including, without limitation,
attorneys’ fees, resulting from your violation of these Terms and
Conditions, or any use by you of the Site or Service. You shall bear the
sole financial burden in connection with any such defense, including,
without limitation, providing us with such information, documentation
and reasonable access to you, as we deem necessary. You shall not settle
any third party claim or waive any defense without our prior written
consent.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by,
the laws of the Province of Ontario, and of Canada, exclusive of choice of
law rules. The parties agree to attempt to resolve any dispute, claim or
controversy arising out of or relating to these Terms and Conditions first
by good faith negotiation. The exclusive venue for any arbitration or
court proceeding based on or arising out of this Agreement shall be
Toronto, Ontario and any such decision or award shall be binding on the
Parties. The prevailing party or parties shall be entitled to recover
reasonable attorneys’ fees and other costs incurred in that action or
proceeding, in addition to any other relief to which it or they may be
entitled.
MISCELLANEOUS
Should any provision of these Terms and Conditions be or become
invalid, illegal, or unenforceable under applicable law, the other
provisions shall not be affected and shall remain in full force and effect.
These Terms and Conditions bind and inure to the benefit of the parties’
successors and assigns. These Terms and Conditions are not assignable;
any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the
parties with respect to their relationship and supersede any and all prior
oral or written agreements, understandings and representations to the
extent that they relate in any way to the subject matter hereof. No
waiver of any of the provisions shall bind either party unless set forth in
a writing specifying such waiver, consent or amendment signed by both
parties.
The headings of these Terms and Conditions are provided for
convenience only and shall not affect its construction or interpretation.
By accessing or using the Sites, you agree to these Terms and Conditions,
without modification, and acknowledge reading them. We reserve the
right to change these Terms and Conditions or to impose new conditions
on use of the Site, from time to time, in which case we will post the
revised Terms and Conditions on this Site. By continuing to use the Site
after we post any such changes, you accept the new Terms and
Conditions with the modifications.
CHILDREN
To access or use the Site, you must be of legal age in your jurisdiction
and have the requisite power and authority to enter into these Terms
and Conditions.
Updated: November 2023