Adams Bros. Construction Ltd.- Disclaimer - Terms of Service
Terms and ConditionsTerms and Conditions of Use
(This version in force since Feb 18, 2011)
If you decide to
link to any third party websites, you do so entirely at your own risk.
YOU ACKNOWLEDGE AND AGREE,
BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK
Welcome to the Adams Bros. Construction Ltd. Online (the "Site").
This Site is provided as
a service to the customers of Adams Bros. Construction Ltd. ,the owner and operator of
the Site. Please review the following terms and conditions (the "Terms and
Conditions") that govern your use of our Site and the goods, software and
services provided, licensed or sold through or in connection with the Site (the
"Products"). Please note that your use of our Site constitutes your
unconditional agreement to follow and be bound by the Terms and Conditions then
in effect (the "Agreement"). Although you may "bookmark" a particular portion of
this Site and thereby bypass the display of these Terms and Conditions, your use
of this Site still binds you to the Terms and Conditions then in effect. Adams Bros. Construction Ltd.
reserves the right to update or modify the Agreement at any time
without prior notice. Your use of the Site following any such change constitutes
your unconditional agreement to follow and be bound by the Agreement as changed.
For this reason, we encourage you to review the effective date of the Terms and
Conditions (which appears at the very top of this document) each time you access
this Site and, if the Terms and Conditions have been revised since your last
visit to the Site to review the revised Terms and Conditions which will apply to
your visit and your use of the Site and the use and purchase (as the case may
be) of Products.
Please review these Terms and Conditions in their entirety by using the
scrolling feature. Once you have reviewed these Terms and Conditions in their
entirety and have scrolled to the bottom of these Terms and Conditions. If you do not accept these Terms and Conditions, please do not access
or use this Site.
COPYRIGHTS and TRADE-MARKS
Unless otherwise noted, all materials, including images, text, illustrations,
designs, icons, photographs, programs, video clips and written and other
materials that are part of this Site (collectively, the "Content") are subject
to intellectual property rights, including without in any way limiting the
generality of the foregoing, copyrights and trade-marks, held by or licensed to
Adams Bros. Construction Ltd., or one of its affiliates, and are protected by Canadian,
U.S. and international copyright laws. The compilation (meaning the collection,
arrangement, and assembly) of all content on this Site is the exclusive property
of Adams Bros. Construction Ltd. and is also protected by Canadian, U.S. and
international copyright laws.
Adams Bros. Construction Ltd. and its suppliers and licensors expressly reserve all
intellectual property rights in all text, programs, products, processes,
technology, content and other materials which appear on or are available through
this Site. Access to this Site does not confer and shall not be considered as
conferring upon anyone any license under any of Adams Bros. Construction Ltd's, or any third party's intellectual property rights.
The Adams Bros. Construction Ltd. names and logos and all related product names, design marks and
slogans are the trade-marks of Adams Bros. Construction Ltd. and are used in Canada under
exclusive license by Adams Bros. Construction Ltd. All other trade-marks are the property
of their respective owners. No trade-mark license is granted in connection with
the materials contained on or offered through this Site, or the intellectual
property rights embodied therein, arising therefrom or represented thereby.
Access to this Site does not authorize anyone to use any name, logo or
trade-mark in any manner whatsoever or to reproduce any Content.
References on this Site to any third party names, trade-marks or products or any
hypertext links to third party sites or information are provided solely as a
convenience to you and do not in any way constitute or imply Adams Bros. Construction Ltd.'s
approval, endorsement, sponsorship or recommendation of such third
party, such sites or such products or any representation or warranty as to the
accuracy, adequacy, lawfulness or completeness of any such information. Adams Bros. Construction Ltd.
is not responsible for the content of any third party sites and
does not make any representations regarding the content or the lawfulness,
accuracy, adequacy or completeness of material on such sites.
PERMITTED USE OF THE SITE
All users of the Site must use the Site responsibly and with respect for all
persons. Your use of the Site, including, without limitation, posting materials
to and using and sharing materials on the Site, and your use of Products must be
lawful, ethical, and respectful of the legal rights and interests of all other
persons, including without limitation Adams Bros. Construction Ltd., its affiliates and
each of their respective agents and representatives.
Without limiting the above, the following rules apply to your use of the Site:
LAWFUL USE: Your use of the Site and/or the Products must be lawful and must
comply with all applicable domestic and foreign laws, regulations, rules,
policies, treaties and tariffs, whether civil, criminal or otherwise. Access to
the Site from locations where the Site or the Products may be illegal is
NON-COMMERCIAL USE: The Site may be used by you only for personal,
non-commercial purposes and must not be directly or indirectly used in
connection with any commercial activities, including: (a) selling or offering to
sell any goods or services, including reselling the Products; (b) soliciting for
advertisers or sponsors; (c) conducting contests, gaming or gambling or offering
prizes, awards or any other incentives to users; (d) displaying advertising or
sponsorship banners, including those generated by banner or link exchange
services; (e) soliciting for donations, other than through any gift request,
wish list, gift and other similar features that may be expressly offered from
time to time on the Site; or (f) use of unauthorized or unsolicited junk mail,
spam, chain letters, pyramid schemes or any other form of solicitation.
SECURITY AND PERFORMANCE: The Site must not be used by you with any action,
device, software or routine which could directly or indirectly interfere (or
attempt to interfere) with the proper working of the Site, compromise the
security measures for the Site or impose an unreasonable or disproportionately
large load or burden on the system on which it is stored and/or hosted or its
infrastructure. You may not modify, adapt, sub-license, translate, sell, reverse
engineer, decompile or disassemble any portion of the Site or the software
underlying or offered on the Site, or delete, obscure or modify any proprietary
notice contained on the Site or assist others in undertaking any of the
OTHER PERSON'S RIGHTS: Your use of the Site must not infringe the legal rights
of any other person (including privacy and personality rights, copyright,
trade-mark, trade secret, patent, moral rights, and other proprietary rights).
You may not use the Site in any manner that may be indecent, offensive,
defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening,
vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist,
hateful, offensive, harassing, invasive of the privacy rights of others, or that
may otherwise be objectionable. This prohibition extends to the posting of any
materials that depict, encourage, indicate, advocate or tend to incite any such
conduct. Your use of the site must not dilute or depreciate the name and
reputation of Adams Bros. Construction Ltd., its affiliates and/or associates.
NO DATA COLLECTION: Your use of the Site must not involve any data matching or
data mining, including without limitation the collection or use of information
about other members and other users (including their email addresses) without
their expressed consent.
Adams Bros. Construction Ltd. reserves the right, in its sole discretion, to determine
whether any use by you of the Site is in contravention of these Terms and
Users are prohibited from violating or compromising or attempting to violate or
compromise the security of the Site, including, without limitation, (a)
accessing data not intended for such user or logging onto a server or an account
which the user is not authorized to access; (b) attempting to probe, scan or
test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization; (c) attempting to
interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading,
"flooding," "spamming," "mailbombing" or "crashing," including without
limitation any distributed denial of service attack (d) sending unsolicited
email, including promotions and/or advertising of products or services; or (e)
forging any TCP/IP packet header or any part of the header information in any
email or newsgroup posting.
Violations of system or network security may result in civil or criminal
liability. Adams Bros. Construction Ltd. will investigate occurrences that may involve
such violations and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations. You agree not to use
any device, software or routine to interfere or attempt to interfere with the
proper working of this Site or any activity being conducted on this site. You
agree, further, not to use or attempt to use any engine, software, tool, agent
or other device or mechanism (including without limitation browsers, spiders,
robots, avatars or intelligent agents) to navigate or search this Site other
than the search engine and search agents available from Adams Bros. Construction Ltd. on
this Site and other than generally available third party web browsers (e.g.,
Netscape Navigator, Microsoft Explorer, etc.).
USE AND ACQUISITION OF PRODUCTS Individuals who wish to
use, acquire and/or purchase Products (as the case may be) must have reached the
age of majority in their respective jurisdiction and must be capable of forming
legally binding contracts under applicable law.
It is solely your responsibility to determine whether your use of the Site is
lawful, and you must comply with all laws applicable in your jurisdiction,
including any export restrictions. Adams Bros. Construction Ltd. reserves the right to
limit the availability of the Site or the Products to any person, geographic
area, or jurisdiction it may designate, at any time and in its sole discretion,
and to limit the quantities or terms and conditions relating to any service,
good, program, or other product that Adams Bros. Construction Ltd. provides or may
provide. ANY OFFER OF SALE OF ANY GOOD OR SERVICE THROUGH THIS SITE IS VOID
DISCLAIMER THIS SITE AND THE PRODUCTS PROVIDED THEREON ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. ADAMS Bros. CONSTRUCTION LTD. MAKE NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, Adams Bros. Construction Ltd. DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, PERFORMANCE OR DURABILITY. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, ADAMS Bros. CONSTRUCTION LTD. DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, FOR ANY PRODUCT AVAILABLE THROUGH THIS SITE.. THIS
DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
WITHOUT ANY LIMITATION TO THE FOREGOING:
THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND ADAMS Bros. CONSTRUCTION LTD.
'S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR
UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.
MATERIALS POSTED OR SUBMITTED TO THE SITE THE USE OF OR INABILITY TO USE THE SITE OR
RELATED TO ANY MISPRINTS OR ERRORS ON THE SITE, INCLUDING THE UNAVAILABILITY OF
ANY PRODUCT YOU ORDER, ANY DELAY IN THE AVAILABILITY OF GOODS OR SERVICES, OR
ANY CHANGES IN THE PRICE OF GOODS OR SERVICES, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE,
ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF Adams Bros. Construction Ltd. OR ANY OF ITS AFFILIATES HAS BEEN ADVISED
OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF
ADAMS Bros. CONSTRUCTION LTD. TOWARDS A PERSON FOR ANY TRANSACTION SHALL BE LIMITED TO $25.00.
GENERAL PROVISIONS This Agreement represents the complete agreement between the parties and
supersedes all prior agreements and representations between them. If any
provision of this Agreement is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to make it enforceable
and the other terms of this Agreement shall remain in full force and effect.
The failure of Adams Bros. Construction Ltd. to act with respect to a breach of this
Agreement by you or others does not constitute a waiver and shall not limit
Adams Bros. Construction Ltd's rights with respect to such breach or any subsequent
This Agreement shall be governed by and construed under the laws of the Province
of Ontario and the laws of Canada applicable therein. Any action or proceeding
arising out of or related to this Agreement or your use of this Site must be
brought in the Province of Ontario.