By accessing this website owned and operated by the PeoplesFloor.ca Inc. (the “Company”),
You (“You”) are agreeing to comply with and be bound by the following terms and conditions
website (the “Site”) and relating to services provided on and through the Site. Please review the
following terms carefully. If You do not agree with any of these terms, do not use the Site.
1. Ownership and Copyright
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, audio recordings, product names, company names, trade-marks, logos and trade-names contained on this website (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company, or its licensors, as the case may be. The copying, redistribution, use or publication by You of any part of the Content or any part of the Site, except as contemplated by this Agreement, is strictly prohibited. You do not acquire ownership rights to any Content or document obtained through the Site. Posting of information or materials on the Site by the Company or any other person or entity does not constitute a waiver of any right in such information and materials. For purposes of this agreement “Content” excludes any information, data, software, products, services or other content for which the Company specifically requires purchase of a licence.
2. Use Licence
(1) The Company hereby grants to You a personal and non-exclusive licence (the “Licence”) to access, read and download the Content. This is not a transfer of title.
(2) Under the Licence You may not and shall not, without the Company’s express written authorization:
(a) transfer the Licence;
(b) remove any copyright or other proprietary notations from the Content;
(c) permit, allow or do anything that would infringe or otherwise prejudice the internal database, redistributing or reproducing the Content by way of the press or media or through any commercial network, cable or satellite system; translate, transmit, arrange, modify, copy, bundle, sell, sublicecse, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content or any software hosted at the Site in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise; or proprietary rights of the Company or its licensors or allow any third party to access the Content.
(3) The Company is not obligated to provide any authorization referred to in paragraph 3(2), the Company reserves the right to charge a fee for the grant of such authorization, and the Company may cancel such authorization at its sole and unfettered discretion by providing notice to You of such cancellation.
(4) The restrictions set out in this Agreement, including the restrictions listed at paragraph
3(2), shall not apply to the limited extent the restrictions are prohibited by applicable law.
4. Licence to Use Your Information
With the exception of personal information, You hereby grant to the Company the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable licence to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sublicense, export, merge, transfer, loan, rent, lease, assign,share, outsource, host, make available to any person or otherwise use any information or other content You provide on or through this website or which is sent to the Company by email or other correspondence, including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. The Company shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by the Company in writing or required by law. You represent and warrant that You have the right to grant the licence set out in this provision.
(1) We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Site or endorse any opinions expressed via the Site.
(2) Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site or broadcast elsewhere.
7. Refusal of Service
The Company reserves the right, at its sole discretion, to exclude or otherwise limit the provision of any product or service, including access to the Site, to any person or entity, for any reason.
8. Editing, Deleting and Modification
The Company reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site. The company assumes no obligation to update the content on this site, and the content on this site may be changed without notice to You.
9. Reproductions of Legislative Documents and Legal Decisions
Any reproduction of a legislative document or a legal decision posted on this website, in any form, is not represented as an official version of the materials reproduced. The Company has made and continues to make every effort to ensure that all reproductions of legislative documents and legal decisions posted on this website as well as their associated data are accurate.
10. Not Legal Advice
The author takes reasonable care to make sure that the information posted by the Site is complete at the time it was posted. However, the information may not be comprehensive or current and is provided for general purposes only and should not be relied upon for legal advice. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as legal advice. You should not rely on, or take or fail to take any action, based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something You have read on this website. You should consult a qualified lawyer on any specific legal question or matter.
11. Use of Information
12. Third Party Services
(1) You agree that this licence includes the right for the Company to provide, promote, and improve the Site and to make Content submitted to or through the Site available to other companies, organizations or individuals who partner with the Company for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
(2) Such additional uses by the Company, or other companies, organizations or individuals who partner with the Company, may be made with no compensation paid to You with respect to the Content that You submit, post, transmit or otherwise make available through the Site.
13. Third Party Provider Policies
All rules, policies (including privacy policies) and operating procedures of the Provider will apply to You while on the Provider’s sites. The Company is not responsible for information provided by You to the Provider. The Provider and the Company are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
14. Links to Other Web Sites
The Site may contain links to other websites. The Company is not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by the Company. Inclusion of any linked website does not imply approval or endorsement of the linked website by the Company. If You decide to leave the Site and access these third party sites, You do so at Your own risk.
(1) This Agreement is effective until terminated by the Company, with or without cause, in the Company’s sole and unfettered discretion. The Company may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by the Company shall be in addition to and without prejudice to such rights
and remedies as may be available to the Company, including injunction and other equitable remedies.
(2) The disclaimers, limitations on liability, ownership, termination, interpretation, Your licence to the Company, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
(3) This Agreement will automatically terminate if You violate or assist in the violation of any of the restrictions of paragraph 3(2).
(4) On the termination of this Agreement, You must destroy any Content in Your possession whether in electronic or printed format.
You agree to indemnify, defend and hold the Company and its partners, lawyers, staff, affiliates, successors and assigns (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable legal fees, related to Your violation of this Agreement, use of the Site, claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action.
17. Disclaimer and Limitation of Liability
(1) THE INFORMATION, FORMS, AGREEMENTS, LICENCES, CONTENT, DIGITAL DOWNLOADS, TANGIBLE PRODUCTS, GOODS AND SERVICES (THE “MATERIALS”) PROVIDED FROM OR THROUGH THE SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE MATERIALS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE COMPANY AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY OF THE MATERIALS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE COMPANY AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE SITE AND THE MATERIALS WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS.
(2) The Content accessible within the Site or available through the Site may not be appropriate under the circumstances for any particular transaction. No representations, warranties or guarantees whatsoever are made as to the accuracy, currentness, completeness, adequacy, reliability, suitability or applicability of any of the Content to a particular situation.
(3) All responsibility or liability for any damages caused by the Content, including, without limitation, damages caused by computer viruses or other malicious code contained within the Content is disclaimed.
(1) This Agreement shall be treated as though it were executed and performed in the province of British Columbia, Canada, and shall be governed by and construed in accordance with the laws of the province of British Columbia (without regard to conflict of law principles).
(2) Any of Your causes of action with respect to the Site (and/or the information or Content thereon) must be instituted within six (6) months after the cause of action arose or be forever waived and barred.
(3) The language in this Agreement shall be interpreted as to its fair meaning and not construed strictly for or against either party. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.
(4) All legal proceedings arising out in connection with this Agreement shall be brought solely and exclusively in Vancouver, British Columbia in the Courts of British Columbia. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process.
(5) Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
(6) Failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
(7) You agree to review this Agreement prior to reviewing any information or obtaining any documents or goods on or through the Site. This Agreement may be amended by the Company from time to time without specific advance notice to You. The latest Agreement will be posted on the Site, and You should review the Agreement prior to using the Site.
(8) This Agreement, as modified from time to time as described above, and including the policies incorporated by reference, constitutes the entire and only agreement between You and the Company and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the Content, goods and services provided by or through the Site, and the subject-matter of this Agreement, except to the extent that You have or will enter additional end-user licencing agreements with the Company regarding particular goods and services by or through the Site.
(9) To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.