- USER AGREEMENT
- ACCURACY OF INFORMATION
We do our best to ensure that information on the Web Site is complete, accurate and current. Despite our best efforts, however, information on the Web Site may be inaccurate, incomplete, or out of date. All specifications, products, services, descriptions, and prices on the Web Site are subject to change at any time without notice. We do not warranty the accuracy or completeness of the information, content or material provided through the Web Site.
The inclusion of any products or services on the Web Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product or service at any time.
- COPYRIGHT RESERVATION AND TRADEMARK NOTICES
We reserve all intellectual property rights (including copyright) in relation to the Web Site and its contents including but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, the “Materials”). The Paving Company Calgary is the owner or authorized licensee of the trademark in all logos and marks on the Web Site, and retains all rights in relation to them. You may not copy, reproduce, publish, transmit, distribute, display, post, modify, sell, license or otherwise exploit the Web Site or any of its Materials without our prior written consent. Any and all rights not expressly granted are reserved by The Paving Company Calgary.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEB SITE IS PROVIDED BY The Paving Company Calgary ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Paving Company Calgary AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE SUITABILITY, RELIABILITIES, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, CONTENT, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE WEBSITE FOR ANY PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSABLE BY APPLICABLE LAW, The Paving Company Calgary AND/OR ITS AFFILIATES OR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The Paving Company Calgary DOES NOT WARRANT THAT THE WEB SITE, ITS SERVERS OR E-MAIL SENT FROM The Paving Company Calgary ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE The Paving Company Calgary WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. The Paving Company Calgary AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE The Paving Company Calgary WEB SITE AT ANY TIME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The Paving Company Calgary AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE The Paving Company Calgary WEB SITE, WITH THE DELAY OR INABILITY TO USE THE The Paving Company Calgary WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE The Paving Company Calgary WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE The Paving Company Calgary WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF The Paving Company Calgary OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
The Paving Company Calgary DISCLAIMS LIABILITY FOR ANY DAMAGES, CLAIMS OR INJURIES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL, SUFFERED BY YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO:
- ANY ACTIONS TAKEN IN PARTIAL OR FULL RELIANCE UPON ANY INFORMATION PROVIDED IN THE WEBSITE;
- ANY ERRORS, INACCURACIES, INCONSISTENCIES OR MISSTATEMENTS CONTAINED IN THE WEBSITE;
- THE SUITABILITY FOR ANY PURPOSES OF ANY PRODUCTS, MATERIALS, SERVICES OR INFORMATION REFERENCED OR CONTAINED WITHIN THE WEBSITE;
- COMPUTER VIRUSES OR DELAYS IN TRANSMISSION OR OPERATION IN RELATION TO THE WEBSITE;
- UNAUTHORIZED USE OF, OR REPRODUCTION OF, ANY INFORMATION FROM THE WEBSITE; OR
- ANY THIRD PARTY INFORMATION, ADVICE, PRODUCTS, OR SERVICES ON THE WEBSITE OR ANY LINKED WEBSITES.
- LINKED WEBSITES
The The Paving Company Calgary Web Site may contain links to third party websites. As well, third party websites may link to the Web Site, The Paving Company Calgary has no control over the content of third party websites. Therefore, The Paving Company Calgary assumes no responsibility or liability for any material on any linked websites.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Website, so long as the link does not portray The Paving Company Calgary, its directors, its employees, or its content, products or services in a false, misleading, derogatory, or otherwise offensive manner. You agree to discontinue such hyperlinks if directed to do so by The Paving Company Calgary.
- NO UNLAWFUL OR PROHIBITED USE
All purchases made through the The Paving Company Calgary Web Site are subject to the The Paving Company Calgary Terms and Conditions of Sale.
By placing an order through the Web Site, you are:
- making an offer to purchase the product or service;
- representing that you are 18 years of age, the legal age to form a binding contract in the Province of Alberta, the jurisdiction of this agreement;
- representing that the information that you provide to us in connection with your purchase is true and accurate.
You expressly represent that you are the authorized user of the payment method provided by you.
The receipt by you of an order confirmation does not constitute our acceptance of an order and we retain the right to refuse any order request made by you.
Prior to our acceptance of any order, verification of your information may be required. You expressly authorize us to use your information to confirm your identity and the validity of your payment methods. We reserve the right at any time after receipt of your order to accept, modify or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever.
- USE OF COMMUNICATION SERVICES
The Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
The Paving Company Calgary has no obligation to monitor the Communication Services. However, The Paving Company Calgary reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Paving Company Calgary reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Paving Company Calgary reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Paving Company Calgary’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Paving Company Calgary does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Paving Company Calgary specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The Paving Company Calgary spokespersons, and their views do not necessarily reflect those of The Paving Company Calgary.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
- MATERIALS PROVIDED OR POSTED
The Paving Company Calgary does not claim ownership of the materials you provide to The Paving Company Calgary (including feedback and suggestions) or post, upload, input or submit to any The Paving Company Calgary Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Paving Company Calgary, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Paving Company Calgary is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Paving Company Calgary’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You agree to indemnify and save harmless The Paving Company Calgary and its directors and employees from and against all liabilities and responsibilities respecting the Website and the products and services provided through it.
- TERMINATION/ACCESS RESTRICTION
The Paving Company Calgary reserves the right, in its sole discretion, to terminate your access to the Web Site and the related services or any portion thereof at any time, without notice.
- GOVERNING LAW AND JURISDICTION
By using this Web Site, you attorn to the jurisdiction of the Province of Alberta to settle any dispute that arises through your use of this Website in the Alberta courts.
This provision prevails notwithstanding different conflicts of law provisions that may be applicable in your state, province, region or country. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Paving Company Calgary as a result of this agreement or use of this Web Site. The Paving Company Calgary’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Paving Company Calgary’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by The Paving Company Calgary with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Paving Company Calgary with respect to this Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Paving Company Calgary with respect to this Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
The Paving Company Calgary is financially supported through affiliate and advertising relationships (collectively the, “Relationships”), with Third Party Sellers. These Relationships include but are not limited to, a referral fee from Third Party Sellers, and preferential placement of the Products on the website.
© 2020 The Paving Company Calgary Inc. All Rights Reserved.
TERMS AND CONDITIONS OF SALE
UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, ALL SALES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
The Paving Company Calgary (“Seller”) offers its own products and services (the “Products”), as well as Products sold by third-parties (the “Third-Party Seller”) on the express condition that the buyer (“Buyer”) agrees to accept and be bound by these Terms and Conditions of Sale.
Acknowledgement of Third-Party Seller
The Buyer acknowledges and agrees that the Seller sells Products sold by Third-Party Sellers and that Products may be directly from the Third-Party Seller. The Buyer is not responsible for Product that is received from a Third-Party Seller and will have no liability for delays in shipping, quality of the product, damages during shipping, or any other loss to the Product as a result of the Third-Party Seller’s handling of the Product.
Indemnification by Buyer
The Buyer shall indemnify and hold harmless the Seller, its susbsidiaries, affiliates, and their respective officers, directors, shareholders, employees, and agents from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation solicitor and his own client fees and disbursements and court costs) to the extent arising from or in connection with:
- the negligence or willful misconduct of the Buyer, its agents, employees, representatives, or contractors;
- the negligence or willful misconduct of the Third-Party Seller, its agents, employees, representatives, or contractors;
- the quality or delivery of a Product provided by a Third-Party Seller;
- use of a Product by itself or in combination with other products which would infringe upon the intellectual property rights of any person;
- use of a Product in any manner that is contrary to the design, specifications or instructions supplied by the Third-Party Seller or Seller to the Buyer;
- use of a Product in an application or environment for which it was not designed;
- modification to a Product without the Third-Party Seller or Seller’s prior written approval;
- use of a Product in violation of any law applicable to the Buyer and the Buyer’s use of the Products; and
- any use of a Product that would be a use outside of what a reasonable person would consider to be an appropriate use of the Product.
© 2020 The Paving Company Calgary Inc. All Rights Reserved.