Terms of service

WEBSITE CONDITIONS OF USE AND PRIVACY POLICY

Version 1.0 posted and effective as of September 12th, 2018

PLEASE READ CAREFULLY – THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDES LIMITATIONS OF LIABILITY. By browsing or interacting with http://www.disconst.com/ (the “Website”), you signify your acceptance of the following Website Conditions of Use (“COU”) and Privacy Policy (the “Policy”).

The COU and Policy constitute a contract between you (the “User”) and Disconst.com Inc. (“Corporation”). They are binding on the Corporation, the User, and any person on whose behalf the User is acting. IF YOU DO NOT AGREE WITH THE COU AND POLICY, DO NOT INTERACT FURTHER WITH THIS WEBSITE.

CONDITIONS OF USE

PRECONDITIONS FOR USE OF THE WEBSITE

The Website is not intended for use by minors or persons without the capacity to contract legally-binding obligations. The User represents that he or she is not a minor, and has the capacity and quality to accept the COU and Policy, both personally and on behalf of any person for whom User is acting.

The information appearing on this website, notably blog posts, cannot be substituted for the advice of a qualified construction industry professional, including the advice of professional engineers and architects. The User acknowledges that all construction projects should be undertaken only after consulting duly licenced professionals, and that the information contained on the Website is no substitute for professional advice.

The User acknowledges that construction is a highly-regulated industry, and represents that the User, or the person on whose behalf the User is acting, has obtained all necessary permits, licences, and authorizations. The information appearing on the Website is not legal advice, and cannot substitute for the legal advice of a lawyer or notary.

THE CORPORATION’S OBLIGATIONS

By the present COU, the Corporation provides the User with a limited, personal, revocable, and non-transferable licence to access, display, and interact with the Website. This licence includes the ability to make a single reproduction of the Website to the extent necessary for normal web browsing. This licence does not cover any other rights beyond those expressly mentioned, and in particular does not include a licence over any trade-mark rights (whether registered or unregistered), nor a right to receive a copy of the source code or architecture of the Website.

THE USER’S OBLIGATIONS

The User shall not:

(i) reproduce the Website or any of its content for purposes other than normal browsing activities;

(ii) decompile, reverse engineer or otherwise disaggregate the Website or any of its content;

(iii) access or interact with the Website in a manner that could damage or disable the website, or otherwise interfere with its functionality (including uploading or otherwise transmitting malicious software to the Website);

(iv) access or interact with the Website in an manner that is illegal or that infringes upon the legal rights of any person (including privacy rights, personality rights, intellectual property rights, and rights related to defamation);

(v) access or interact with the Website as part of any data mining or information gathering process, including the collection or use of information about the other users of the Website or prices and other commercial information displayed on the website;

and

(vi) circumvent, by any means, the navigational structure of the Website (including the automatic display of the COU and Policy and their amendments).

The User shall indemnify the Corporation for any damage or liability the Corporation may suffer as a result of the User’s breach of the above obligations.

All information submitted by the User through the Website shall be true, accurate, current, and complete. The User shall indemnify the Corporation against any liability or damage suffered by the Corporation as a result of false, inaccurate, outdated, or incomplete information.

The User shall maintain the confidentiality of all account information, including the User’s password. The User shall indemnify the Corporation against any liability or damage suffered by the Corporation as a result of the loss or misuse of the User’s password.

AMENDMENTS

The Corporation may amend any part of the COU by adding, deleting, or varying its content. These amendments may be made at any time and from time-to-time in the Corporation’s sole and absolute discretion.

The Corporation will provide the User with notice of the proposed amendment by posting an amended version of these COU with a new version number. The Corporation will include a link to the previous version of the COU beneath the new version number. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the COU will continue to apply.

If the User is a consumer and disagrees with any amendments, then that User may terminate the COU by ceasing to use the Website at any time within the 30-day notice period. Additionally, if the amendment increases the User’s obligations under the COU, or decreases the Corporation’s obligations, then the User can also terminate in the 30 days after the amendments take effect. In all cases, there is no cost or penalty for such termination. If the User continues using the Website during the notice period, or if the User begins using the Website again after the notice period, this will constitute acceptance of the amended COU.

If the User is not a consumer and disagrees with any amendments, then that User may terminate these COU by ceasing to use the Website at any time within the 30-day notice period. There is no cost or penalty for such termination. If the User continues using the Website during the notice period, or if the User begins using the Website again after the notice period, this will constitute acceptance of the amended COU.

INTELLECTUAL PROPERTY

The Website, and all of its contents, are protected by copyright in Canada and worldwide. The User acknowledges that these copyrights are the property of the Corporation, and that apart from the licence expressly granted above, no other rights related to copyright have been granted to the user.

The Corporation owns and uses several trade-marks, both registered and unregistered. These trade-marks include, but are not limited to: Disconst; disconst.com; disconst.ca; Disconts, and triangle logo. The preceding list is illustrative only, and shall not be interpreted as excluding any other trade-marks currently owned by the Corporation, or which will be owned by the Corporation in the future. The User acknowledges that these trade-marks are the property of the Corporation, and that no licence to use them has been granted to the User.

The User acknowledges that all other intellectual property rights, whether existing or to be created in the future, are the property of the Corporation, and that no right whatsoever in these intellectual property rights is granted to the User by the COU.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

In this section titled “Limitation of Liability and Disclaimer of Warranties” all references to the Corporation shall be read as including the Corporation and its directors, officers, employees, agents, and related companies.

THE FOLLOWING PARAGRAPH DOES NOT APPLY TO QUÉBEC CONSUMERS

GENERAL LIMITATION OF LIABILITY – The Corporation disclaims all responsibility for liability or damage howsoever caused by the User’s accessing or interacting with the Website.

THE FOLLOWING PARAGRAPH DOES NOT APPLY TO QUÉBEC CONSUMERS

SPECIAL LIMITATIONS OF LIABILITY – Without limiting the generality of the preceding general limitation of liability:

(i) The Corporation does not guarantee the availability of the Website and reserves the right to change, suspend, or terminate any aspect of the Website at its sole discretion and without prior notice. The Corporation also reserves the right to block access to any particular User without prior notice or subsequent explanation. The Corporation disclaims any liability caused by its exercise of these rights;

(ii) The Corporation undertakes commercially-reasonable efforts to ensure the accuracy of information presented on the Website, but disclaims all responsibility for liability or damage caused by false, inaccurate, outdated, or incomplete information on the Website, including any information related to the quality, availability, or price of a product or service. The Corporation reserves the right to modify all information appearing on the Website at any time and at its sole discretion;

(iii) The User is responsible for maintaining the confidentiality of the User’s account information, including the User’s password. The User is responsible for all activity under the User’s account, regardless of whether that activity was authorized by the User or not. The Corporation disclaims all responsibility for liability or damage caused by the loss of the User’s password or its misuse by a third party;

and

(iv) The presence of hyperlinks to third-party websites on the Corporation’s Website is not an endorsement of the contents of those third-party websites, nor is it an encouragement to visit them. The Corporation disclaims all responsibility for liability or damage caused by the contents or operation of third-party websites.

THE FOLLOWING PARAGRAPH DOES NOT APPLY TO QUÉBEC CONSUMERS

DISCLAIMER OF WARRANTIES –All access to and interaction with the Website is at the User’s own risk and peril. The Corporation disclaims all representations, warranties, conditions, and guarantees, whether express, implied, or statutory. In particular, and without limiting the generality of the foregoing, the Corporation disclaims:

(i) any condition or warranty of merchantability, fitness for any particular purpose, title, and non-infringement;

(ii) any condition or warranty that the Website or its content will meet the User’s requirements or will be compatible with User’s hardware or software;

and

(iii) any condition or warranty of availability, accessibility, or accuracy.

GENERAL

The COU are governed by the laws of Québec and the federal laws of Canada applicable therein. Any litigation related to or arising from the COU or the Website is subject to the exclusive jurisdiction of the Courts of Québec sitting in the judicial district of Montreal.

Should any provision of the COU be found to be null or unenforceable by a court of competent jurisdiction, this will not in any way affect the validity and scope of the remaining provisions, all of which shall continue to be binding.

The delay or forbearance by either the Corporation or the User to exercise any right under the COU shall not be construed as a renunciation, express or implied, of that right. Nor shall the partial exercise of a right be construed as a renunciation, express or implied, of the power to fully exercise that right.

The COU enures to the benefit of and is binding upon the Corporation and its successors and assigns. The COU enures to the benefit of and is binding upon the User and the User’s heirs, executors, administrators, successors, and personal representatives.

The User may not assign any of its right or obligations under the COU without the express written consent of the Corporation, which may be withheld for any reason. The Corporation may assign its rights and obligations under the COU at any time without the User’s consent.

The Corporation and the User have expressly agreed that the COU and all related documents be drawn up in the English language.