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Terms of Use

CANADIAN BUILDERS & CONTRACTORS SUPPLY ULC: Terms of Use

1. Acceptance of Terms of Use

The following terms of use (these “Terms of Use”) constitute a legal agreement between you (the “User”) and Canadian Builders & Contractors Supply ULC, and its affiliates, with an address at 10340 50 St SE, Calgary, AB T2C 3E4, Canada, 1-403-287-9222 (“CBCS,” “we,” “us,” “our“). These Terms of Use govern your access to and use of to the website themonarchgroup.com (the “Site”).

BY ACCESSING OR USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE SITE.

By using the Site, you represent and warrant that you are the legal age of majority in your jurisdiction of residence. If you are not of the age of majority in your jurisdiction of residence, you must not access or use the Site.

2. Modifications to these Terms of Use

We reserve the right to make changes to this Site and to these Terms of Use at any time without prior notice. Any and all such changes are effective immediately and apply to your continued use of or access to the Site. You should review these Terms of Use each time you access this Site.

3. Site security

You shall not attempt to circumvent or violate the security of our Site, including, without limitation by:

  • attempting to breach or breaching any security or authentication measures, such as attempting to access another user’s member account;
  • restricting, disrupting or disabling service to the Site’s hosts, servers, or networks;
  • illicitly reproducing any of the Site’s TCP/IP packet headers;
  • disrupting network services and otherwise disrupting our ability to monitor the Site;
  • using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
  • introducing any viruses, trojan horses, worms, logic bombs, or other material that are malicious or technologically harmful;
  • attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; or
  • otherwise attempting to interfere with the proper working of the Site.

4. Intellectual property rights and ownership

The Site contains graphics, images, artwork, information, software, code, text, images, video, and audio (the “Company Content”). The Site and all Company Content are the property of CBCS or its licensors, and are protected by Canadian and international intellectual property laws including, without limitation, copyright, trademark, patents, or trade secret.

Except as expressly authorized by these Terms of Use, you may not otherwise download, reproduce, modify, adapt, create derivative works of, use, publish or distribute any Company Content.

The CBCS name, logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of CBCS or its licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Site are the trademarks of their respective owners. Use of any such property, unless authorized by us in writing, constitutes an infringement or violation of the rights of the trademark owner and may be a violation of federal or other laws and could subject you to legal action. You shall not delete or alter any copyright or trademark notices from copies of the Company Content.

5. User standards

As a condition of your access to and use of the Site, you agree that you shall only use the Site for lawful purposes and in accordance with these Terms of Use.

While using the Site, you agree not to:

  • Violate any applicable federal, state or provincial laws or regulations;
  • Submit any material that could violate the legal rights of others, including, but not limited to, others’ privacy rights or rights of publicity, or which could otherwise lead to civil or criminal liability;
  • Submit any material that is exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, or inflammatory, as well as any material that is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground;
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act;
  • Submit any confidential, proprietary or trade secret information of any third party;
  • Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

6. Site monitoring, enforcement, suspension and termination

We reserve the right, without provision of notice to:

  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site; Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site; or
  • Terminate or suspend your access to all or part of the Site for any reason, including, without limitation, any violation of these Terms of Use.

7. Privacy

Our collection, use and disclosure of your personal information is governed by our Privacy Notice, which is available at https://crgs.ca/Privacy_Policy.

8. Third-Party Websites

For your convenience, our Site may provide links to third-party sites. We make no representations about any other websites that may be accessed from this Site. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from our Site may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Site. You may only use these features when they are provided by us and solely with respect to the content identified

9. Disclaimer of Warranties

SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR CONDITIONS AND, IF REQUIRED BY APPLICABLE LAW, SOME OF THE CONTENTS OF THIS SECTION MAY NOT APPLY TO CERTAIN USERS.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ANY PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, AND ANY PRODUCTS AND SERVICES FOUND OR ATTAINED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER CBCS, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER CBCS NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, OR ANY PRODUCTS OR SERVICES FOUND OR ATTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER SITE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

10. Limitation on Liability

SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO USERS OF THE SITE.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL CBCS, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

11. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CBCS, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms of Use or your use of the Site.

12. Governing Law and Choice of Forum

The Site and these Terms of Use will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location. 

Any action or proceeding arising out of or relating to this Site and under these Terms of Use will be instituted in the courts of the Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

13. Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

14. Severability

If any term or provision of these Terms Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

15. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, pandemic, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

16. Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and CBCS regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Site.

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