TERMS OF USE
Welcome to www.mdecking.com, the official website
of the Millennium Decking Inc., and all affiliate
websites including but not limited to www.woodcomp.com,
the official website of the Wood Composite Technologies
Inc. (the "Websites").
THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH
YOU MAY ACCESS AND USE THE WEBSITES. PLEASE READ
THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING
THE WEBSITES. BY ACCESSING THE WEBSITES YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT
YOU MAY NOT ACCESS OR USE THE WEBSITES. Your use
of or access to the Websites is also subject to
all applicable laws and regulations. MDECKING.COM's
personal information and privacy practices are
set out in our Privacy Policy, which is available
through a link on www.mdecking.com and www.woodcomp.com.
You are encouraged to read it.
MDECKING.COM provides certain services (the "Services")
on the Websites and reserves the right to modify
or discontinue the Services and may amend this
Agreement at any time by posting a new agreement
in place of this one. Please check this Agreement
periodically for changes. MDECKING.COM will post
notice that the Agreement has been amended on
the Websites located at www.mdecking.com and www.woodcomp.com
for a period of 30 days. The amended Agreement
will automatically be effective when posted. Your
continued use of the Websites following the posting
of the amended Agreement and notice shall mean
that you accept the terms of this Agreement as
amended. If you do not agree with any of the terms
of the amended Agreement then you must terminate
all use of the Websites and Services. This Agreement
may not otherwise be amended. This Agreement was
last modified on Friday, June 16, 2006.
For the purposes of this Agreement:
"Agreement" shall mean these Terms of Use, as
it may be amended from time to time; and
"MDECKING.COM" shall mean Millennium Decking Inc.
and Wood Composite Technologies Inc.
A. SERVICES
You agree that MDECKING.COM will not be liable
for any delay or unavailability of any of the
Websites or Services, whether due to an act or
omission of MDECKING.COM or an act or omission
of any third party.
B. ACCESS
In order to access and use any of the Websites
and/or Services you agree to abide by these Terms
of Use. Any other access or use shall constitute
a trespass on MDECKING.COM's computer systems,
shall constitute an infringement of MDECKING.COM's
intellectual property and an unlawful use of MDECKING.COM's
assets.
C. LICENCE
Upon accepting the Terms of Use you are granted
a non-exclusive and non-transferable licence to
use and access the Websites and Services.
D. COMMITMENT OF MDECKING.COM
If you are dissatisfied with any part of the
Services, please contact us at support@mdecking.com
and we will look into the issue.
E. THIRD PARTY MATERIALS AND EXTERNAL
LINKS
The Websites and/or the Services may provide,
or third parties may provide, links to other World
Wide Web sites or resources. Because MDECKING.COM
has no control over such sites and resources,
you acknowledge and agree that MDECKING.COM is
not responsible for the availability of such external
sites or resources and does not endorse and is
not responsible or liable for any content, advertising,
products, services or other materials on or available
from such sites or resources. You further acknowledge
and agree that MDECKING.COM 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 use of or reliance on any such
content, goods or services available on or through
any such site or resource.
F. INTELLECTUAL PROPERTY
MDECKING.COM has certain protectable proprietary
rights in its software and websites, including
copyrights and trademarks. You may not modify,
copy, publish, republish, transmit, sell, create
derivative works, display or in any way exploit
any Services or any content contained on the Websites
except to use the Services and view the Websites
for personal use only.
G. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES
AND WEBSITES IS AT YOUR SOLE RISK. THE SERVICES
AND WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. MDECKING.COM EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND THOSE THAT ARE IMPLIED BY LAW. MDECKING.COM
MAKES NO WARRANTY THAT THE WEBSITES OR SERVICES
WILL MEET YOUR REQUIREMENTS, OR THAT THE USE OF
THE WEBSITES OR SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; MDECKING.COM MAKES
NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR WEBSITES OR AS
TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE WEBSITES OR SERVICES OR THAT
DEFECTS WILL BE CORRECTED.
H. LIMITATION OF LIABILITY
MDECKING.COM SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
RESULTING FROM THE USE OR THE INABILITY TO USE
THE WEBSITES OR SERVICES, OR FOR THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING
FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED,
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
OR THROUGH THE SERVICES OR WEBSITES OR RESULTING
FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF
USER'S TRANSMISSIONS OR DATA, EVEN IF MDECKING.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
I. TERMINATION OF RIGHTS
MDECKING.COM retains the right, at MDECKING.COM's
sole discretion, to determine whether or not your
conduct is consistent with the letter and spirit
of these Terms of Use. MDECKING.COM reserves the
right, based on its sole discretion, to suspend
or terminate current or future access and use
of the Websites and/or Services if your conduct
is found to be inconsistent with these Terms of
Use.
J. USER CONDUCT
(a) You are solely responsible for the content
of your transmissions through the Services. Your
use of the Services is subject to all applicable
federal, provincial, state, municipal, international
and local laws and regulations.
(b) You agree not to use the Services for illegal
purposes.
(c) You agree not to transmit through the Websites
or Services any unlawful, harassing, libellous,
abusive, threatening, harmful, vulgar, obscene,
pornographic or otherwise objectionable material
of any kind or nature.
(d) You agree not to transmit any material that
encourages conduct that could constitute a criminal
offence, give rise to civil liability or otherwise
violate any applicable federal, provincial, state,
municipal, international and local law and/or
regulation.
(e) You agree not to use the Websites or the
Services to commit any dishonest act, act of fraud
or any act which infringes any third party rights
including the right of privacy.
(f) Attempts to gain unauthorized access to any
computer system are prohibited.
(g) You agree not to use any spider, robot or
other automatic means to search or monitor the
content of the Services or Websites. You also
agree not to use any automatic means, including
software, to interfere with or attempt to interfere
with MDECKING.COM's software or websites or their
use by any other user. You agree not to cause
any unreasonable burden or load on MDECKING.COM's
software or its computer systems.
K. USER MESSAGES
MDECKING.COM may make available to you the ability
to submit information to the Websites. You agree
that all of your submissions will be accurate,
truthful and in compliance with this Agreement.
All submissions may be subject to review by MDECKING.COM
prior to the information being posted to the Websites.
MDECKING.COM may refuse to post any information
or link and may remove the same for any reason,
in its sole discretion.
MDECKING.COM'S posting of any information or
link does not mean that MDECKING.COM agrees that
the information complies with this Agreement or
that MDECKING.COM agrees with the content of the
information.
While MDECKING.COM may review each submission,
it does not thoroughly review the information
or the third party materials that a link submitted
to the Websites may resolve to. Further, the information
may become incorrect or a third party website
may change from time to time. Notwithstanding
MDECKING.COM's review, MDECKING.COM shall have
no liability to you for any reliance that you
make on any third party information posted to
the Websites. Further, you agree to indemnify
MDECKING.COM and other users for any loss or damage
that MDECKING.COM or any user may suffer as a
result of the posting of any information or link
that you submit.
With respect to any messages, information, data,
graphics, photographs, images, creative ideas,
concepts, know-how, techniques, suggestions or
improvements or other content that you transmit,
submit, post or upload to the Websites and/or
in connection with any of the Services (each,
a "Message"), you are, by transmitting or uploading
such Message, granting MDECKING.COM a perpetual,
royalty-free, sub-licensable, non-exclusive, worldwide
and irrevocable right and license to use, reproduce,
modify, publish, translate, prepare derivative
works based upon, and distribute such Message
for any purpose and in any form. This license
is granted automatically and no payment of any
kind will be due to you. By submitting any such
Message you are thereby representing and warranting
that you have the right to submit the same and
the right to grant the license set out above.
At times, MDECKING.COM may solicit Messages from
users. Your provision of any such Messages in
response to a solicitation by MDECKING.COM shall
be subject to a grant of a license to MDECKING.COM
as specified herein.
L. ADVERTISERS AND VENDORS
Your correspondence or business dealings with,
or participation in promotions of, third party
advertisers and vendors found on or through the
Services or the Websites, including payment and
delivery of related goods or services, and any
other terms, conditions, warranties or representations
associated with such dealings, are solely between
you and such advertiser and/or vendor. You agree
that MDECKING.COM shall not be responsible or
liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result
of the presence of such advertisers or vendors
on the Websites or in connection with the Services.
All of your business dealings with third party
vendors and advertisers appearing on the Websites
or in connection with the Services, including
the MDECKING.COM Store, shall be at your sole
risk.
M. INDEMNIFICATION
You agree to indemnify and hold MDECKING.COM
and any of its parents, partners, subsidiaries,
affiliates, directors, partnerships, principals,
governors, representatives, agents, officers and
employees, successors and assigns, harmless from
any third party claim or demand, including all
legal fees on a solicitor and his own client basis,
due to or arising out of your use of the Services
or Websites, the violation of these Terms of Use
by you, or the infringement by you of any intellectual
property or other right of any person or entity
or other user.
N. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement
between you, the user, and MDECKING.COM, and supersedes
all prior agreements between the parties, regarding
the subject matter contained herein and there
are no statements, representations, warranties,
undertakings or agreements, written or oral, express
or implied, between the parties hereto except
as herein set forth.
O NO WAIVER
MDECKING.COM's failure to insist upon, exercise
or enforce any rights or provisions of these Terms
of Use shall not be construed as a waiver of such
right or provision of the same or different type
in the future.
P. TERMINATION
Should you object to any of these Terms of Use
or any subsequent modifications thereto or become
dissatisfied with the Services or Websites in
any way, your only recourse is to immediately:
(1) discontinue use of the Services and Websites
and; (2) terminate any registration and/or membership
relating to the Services if any. Notwithstanding
the termination of this Agreement for any reason,
the provisions of this Agreement relating to intellectual
property, warranty disclaimer, limited liability,
indemnity and governing law shall survive such
termination.
Q. GOVERNING LAW
These Terms of Use, the relationship between
you and MDECKING.COM and your use of the Websites
and Services and the resolution of any dispute
arising between the parties shall be governed
by and construed in accordance with the laws of
the Province of Alberta and those of Canada applicable
therein, without reference to their conflicts
of laws. You and MDECKING.COM agree to submit
to the exclusive jurisdiction of the courts of
the Province of Alberta to hear all matters arising
in relation to the Websites, the Services or this
Agreement. Notwithstanding the forgoing, either
R. SEVERABILITY
If any provision of this Agreement is held to
be invalid or unenforceable, such provision shall
be severed from this Agreement and the remaining
provisions shall remain in full force and effect.
S. HEADINGS
Headings are for reference purposes only and
shall not be used in the interpretation of this
Agreement. |