Welcome to www.hangandlevel.com (the "Site"), a website owned and operated by Under the Roof Decorating Inc. ("UTR"). All materials appearing on the Site are either owned by UTR or by third parties and are posted on the Site by virtue of a license, grant or some other form of agreement between such third party and UTR.
The Site has been created for your personal information. However, in order to access the Site or use the materials contained on the Site you must agree to abide by these Terms and Conditions and all applicable laws. If you disagree with any of these Terms and Conditions, you should leave the Site immediately.
As UTR reserves the right to modify or amend these Terms and Conditions without notice at any time, it is important that this page be read on a regular basis so you are aware of any such changes.
Copyright and Trade-marks
All content included on the Site (including, without limitation, the design, text, graphics, trade-marks, service marks, logos, slogans and Internet domain names as well as any audio or video), and any selection or arrangement thereof (the "Content"), is the exclusive property of UTR or its licensors and is protected by international copyright, trademark, services marks, patents, or other proprietary rights and laws.
None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of UTR or the respective copyright holder. The foregoing shall exclude the downloading of one copy of the Site on any single computer for personal, non-commercial use only, provided that all copyright and proprietary notices are kept intact.
The UTR name and logo are trade-marks of Under the Roof Decorating Inc. All other trade-marks appearing on the Site are the property of their respective owners.
Copyright Notice: Copyright 2006 Under the Roof Decorating Inc, Calgary, Alberta, All rights reserved.
In consideration of the availability, and your use, of the Site, you agree to comply with all applicable laws and these Terms and Conditions when using the Site. You acknowledge that UTR may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:
- post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site or the Internet;
- post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or
- post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
Price and Availability
While every effort is made to ensure accuracy of prices and availability of products featured on the Site, this cannot be guaranteed and price and availability information are subject to change without notice.
Links to Third Party Websites
The Site may include links to third party websites which are not controlled or maintained by UTR. Any such links are included solely for your convenience and are not an endorsement by UTR of the sites linked to, nor does UTR have any control over the content of any such sites. You acknowledge and agree that UTR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any use of, or reliance upon, any content, goods or services available on or through any such third party websites.
Links to the Site
No link to the Site may be "framed" to the extent such frame contains any sponsorship, advertising or other commercial text or graphics. All links to the Site must be to http://www.hangandlevel.com. "Deep linking" to internal pages of the Site is expressly prohibited.
Third Party Content
Neither UTR nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Under no circumstances will UTR be liable for any loss or damage caused by your reliance on information obtained through this Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Site.
The Site is provided by UTR in good faith but UTR does not make any representations or warranties, other than the limited product warranty set out in our Sales Policies of any kind, express or implied, in relation to all or any part of the Site or the Content or any websites to which the Site is linked, and all warranties, with the exception of the product warranty, and representations are hereby excluded to the extent permitted by law. Further, nothing on the Site constitutes advice, nor should the Site, or any part thereof, be relied upon in making, or refraining from making, any decision. Furthermore, neither the Site or the Content contained therein are necessarily reflective of the views or policies of UTR.
There is no guarantee that the Site will be free of infection by viruses or anything else which may be harmful or destructive.
To the extent permitted by law, UTR hereby disclaims all liability (howsoever arising) in connection with any loss or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Site, the Content or any website to which the Site is linked, or any action taken (or refrained from being taken) as a result of using any of the foregoing.
Limitation of Liability
UTR shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if UTR has been advised of the possibility of such damages), in contract, tort or any other cause of action, resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site, (iii) unauthorized access to or alteration of your transmissions or data; (iv) the use of the products offered for purchase on this Site; (vi) the use or reliance on any content of the Site; or (v) any other matter relating to the Site. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by UTR, its affiliates and business partners; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.
Limited Product Warranty
EXCEPT FOR THE LIMITED PRODUCT WARRANTY SET OUT IN OUR SALES POLICIES [Insert link], UTR MAKES NO WARRANTY, REPRESENTATION, GUARANTEE OR CONDITION RESPECTING ANY NEW PRODUCT, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANT ABILITY, OR FITNESS FOR PURPOSE AND ANY SUCH WARRANTY, REPRESENTATION, GUARANTEE OR CONDITION IS EXCLUDED. UTR'S SOLE RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO RETURN AND REFUND AS STATED ABOVE AND IN OUR RETURNS POLICY.
You agree to indemnify, defend and hold harmless UTR and each of its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns from any claim or demand, including solicitor and his own client costs and fees, arising out of your use of or connection to the Site, any violation of these Terms and Conditions by you or any violation of applicable law or rights properly belonging to another party by you.
Submission of Ideas and Suggestions
UTR is always modifying its websites and developing new features. If you have ideas or suggestions regarding improvements or additions, we would like to hear them, provided any submission will be subject to these Terms and Conditions. Under no circumstance shall any disclosure of any idea or suggestion be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea or suggestion you are waiving any and all rights that you may have in the idea or suggestion and are representing and warranting to UTR that the idea or suggestion are wholly original to you that no one else has any rights in the idea or suggestion and that UTR is free to implement the idea or suggestion if it so desires, as provided or as modified by UTR, without obtaining permission or license from any third party.
Privacy and Protection of Personal Information
Our partner PayPal™ collects certain personal information when you complete a purchase transaction with them for one of our products. PayPal™ does not share your information about you with UTR, with the exception of your shipping address so we may fill your order.
UTR respects the privacy and confidentiality of your personal information. UTR does not actively collect your personal information, except where you voluntarily provide such information by e-mail to us. Information you provide by e-mail will only be used for the purpose of facilitating a sale transaction from this Site or to provide you with our newsletter, it will not be disclosed or sold to any third party, other than PayPal™. Questions concerning UTR's general policies with respect to the collection, use and disclosure of personal information may be directed to UTR's Privacy Officer. firstname.lastname@example.org
Collection of Information by Third-Party Sites
This Site contains links to other sites whose information practices may be different than UTR's. You should consult the other sites' privacy notices as UTR has no control over information that is submitted to, or collected by, these third parties.
Cookies and Web Beacons
To enhance your experience with the Site, UTR reserves the right to use "cookies." Cookies are text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personal information unless you choose to provide this information to us by, for example, participating in our Discussion Forum. However, once you choose to furnish the Site with personal information, this information may be linked to the data stored in the cookie.
"Web beacons" or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. We may use web beacons on this Site from time to time for this and other purposes.
These Terms and Conditions will be governed and interpreted in accordance with the laws of the Province of Alberta, Canada. Any dispute under this Agreement will be brought in the Court of Queen's Bench, sitting in Calgary, Alberta, Canada. If you use the Site from another jurisdiction, you are responsible for compliance with any and all applicable local laws. UTR makes no representation that the Site or the Contents are appropriate for users outside the Province of Alberta, Canada.
Changes to Terms and Conditions
UTR reserves the right to changes these Terms and Conditions without notice at any time. Any changes will be posted to this page and it is your responsibility to ensure that you are aware of any such changes from time to time. Changes will become effective 24 hours after they are first posted and you will be deemed to have accepted any change if you continue to access the Site after that time.
These Terms and Conditions operate to the fullest extent permissible by law. If any provision of these Terms and Conditions is unlawful or unenforceable, that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED