Terms & Conditions

 

Welcome. Your access to and use of  http://www.douglaswindowanddoor.com (the “Site”) is subject to the following terms and conditions (“Terms”), as well as all applicable laws. In consideration of Douglas Window & Door Inc. (“DWD”) making the Site available to you, you agree to comply by these Terms, as amended from time to time. If you do not agree, do not use this Site.

 

If you have any questions about these Terms, please contact DWD Corporate Administration at info@douglaswd.com.

 

IMPORTANT INFORMATION: The Site is for information purposes only and does not constitute professional advice on any subject matter. All information contained herein, while obtained from sources which are believed to be reliable, is not guaranteed as to its accuracy or completeness, and is provided without warranty of any kind.

 

General Use Restrictions

 

You affirm that you have reached the age of majority in both your jurisdiction of residence and in Ontario, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms.

 

You agree that you will not:

 

Upload or transmit any communications or content of any type that may infringe or violate any rights of any party.

 

Use this Site for any purpose in violation of local, provincial, national or international laws.

 

Use this Site as a means to distribute advertising or other unsolicited material to any third party.

 

Use this Site for anything other than use and display on your personal computer for purposes associated with your interaction with the Site.

 

Use this Site to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive slanderous, hateful or embarrassing to any other person or entity.

 

Attempt to disable, “hack” or otherwise interfere with the proper functioning of the Site.

 

Attempt to “frame” or “mirror” the Site or any material contained on or accessible from the Site without advance written permission of DWD.

 

If you use any part of the Site requiring secure access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

 

DWD may (in DWD’s sole discretion) suspend/terminate your access to or use of the Site without notification for any violation of these Terms, or for other conduct that DWD deems harmful/unlawful to others. In the event of termination, you are no longer authorized to access the Site, and DWD will use whatever means necessary to enforce this termination. When requested, DWD will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity in relation to any use of the Site.

 

Copyright/Trademark Notice

 

All of DWD’s trademarks are protected by Canadian Law and may not be used in connection with any product or service that is not a DWD product or service. Unauthorized use of DWD’s trademarks is strictly prohibited. All other trademark, service marks, company names or company logos, as used and referenced in the Site, are the property of their respective owners.

 

All Site design, text, layout, graphics and the selection and arrangement thereof is owned by DWD and all rights are reserved. You are authorized to view, download and print portions of the Site solely for your personal and non-commercial use or as DWD otherwise permits. Any other use of materials of the Site, including, but not limited to: (1) reproduction, except as authorized herein; (2) modifications; (3) distributions; (4) republication; (5) transmission; (6) re-transmissions; or (7) public showing, without DWD’s prior written permission, is strictly prohibited.

 

You may not remove or obscure the copyright notice or other notices contained in information or products retrieved from the Site.

 

Inaccuracies or Errors

 

The content of this Site is for your general information and use only. It is subject to change without notice. While information provided is intended to be accurate, no representation or warranty is made with respect to the accuracy or reliability of such information.

 

The descriptions, pictures and other representations of products on this Site may contain inaccuracies and errors. DWD does not make any warranty or representation with respect to accuracy or completeness of any such information. Graphics and diagrams have been provided for illustrative purposes only, and may not accurately reflect actual product availability. Colours, styles and other variants depicted are for illustration only and are subject to change.

 

DWD endeavours to display all information correctly, but occasionally the information provided may not be accurate. Furthermore, the prices and availability of products on the Site may change without notice to you at any time in DWD’s sole discretion.

 

Third Party Sites

 

The Site may, from time to time, contain links to or reference third party sites, resources and advertisers (collectively, “Third Party Sites”). Interactions with Third Party Sites, including any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and terms, conditions, warranties or representations associated with such correspondence, purchase or promotion, is solely between you and the applicable Third Party Site. You agree that DWD has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any Third Party Site.

 

Linking to such Third Party Sites is at your own risk. DWD is not responsible for the accuracy or reliability of any content, data, opinions, advice, statements, or other information made available on the Third Party Sites. DWD does not investigate, monitor, or check such Third Party Sites for accuracy or completeness. DWD is not responsible for the availability of these Third Party Sites, and is providing these links to you only as a convenience and may discontinue providing such links at any time in DWD’s sole discretion without notice to you. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any Third Party Site contained in, referred to, included on, or linked from or to, the Site.

 

From Third Party Sites to DWD

 

All links to DWD websites by third parties (“linked party”) must be approved in writing by DWD, except that DWD consents to links in which the link agrees and complies with the link conditions as described below (“Link Conditions”):

 

1. If a linked party links to this Site, its website shall not,

 

(a) imply that DWD approves or endorses the linked party, the linked party’s website, or the linked party’s service or product offering in any way;

 

(b) imply an affiliation between a linked party or any entity on whose behalf the linked party may be acting without prior written consent of DWD;

 

(c) create comparisons of DWD products or services with competitive products or services;

 

(d) misrepresent the linked party’s relationship with DWD or present false or misleading impressions about DWD or its services;

 

(e) present false or misleading impressions about DWD or otherwise damage the goodwill associated with the DWD name and trademarks;

 

(f) create frames or border environments around any page or materials on the Site or use other techniques that alter in any way the visual presentation or appearance of any content within the Site;

 

(g) replicate any materials on the Site or any DWD logo or trademark without separate written consent by DWD;

 

(h) contain content that could be construed as abusive, threatening, harassing, profane or offensive, excessively violent, or which violates or encourages others to violate any applicable laws; and

 

(i) contain content that could be construed as obscene, pornographic or sexually explicit material.

 

2. DWD may at any time, in DWD’s discretion, immediately terminate your right to link to this Site, with or without cause. If DWD exercises this right, you will immediately remove all links to this Site.

 

3. DWD may amend these Link Conditions at any time. The linked party agrees to abide by these Link Conditions and the other Terms on this Site, as amended from time to time.

 

By linking to the Site, the linked party agrees to indemnify and hold harmless from, and against, any and all loss, cost, damage, claims, actions, or liability arising from any such link. DWD shall have no liability for any indirect, exemplary, incidental, punitive, special, or consequential damages with regard to the linking or use of such link. DWD makes no warranties express or implied with respect to such links.

 

If, according to the above terms, the linked party’s requirement to link to a DWD website requires approval by DWD, or the linked party is in any doubt about the linked party’s need to have the link approved, please use the contact Nova-Link Corporate Administration at info@douglaswd.com.

 

Local Laws: Export Control

 

DWD controls and operates this site from its headquarters in Canada and makes no representations that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities in Canada. If you use this Site from outside Canada, you are entirely responsible for compliance with applicable local laws, including but not limited to export and import regulations.

 

The materials on this Site are subject to Canadian export administration laws and regulations. Diversion of such materials contrary to Canadian law is prohibited. Neither the materials, nor any information acquired through the use of the Site, may be acquired for, shipped, transferred, or re-exported, directly and indirectly, to prescribed or embargoed countries or their nationals, nor may it be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the Canadian Government for such purposes. You shall comply strictly with all Canadian export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

 

Disclaimer 

 

Your use of any information or materials on this Site is entirely at your own risk, for which DWD shall not be liable. It shall be your own responsibility to ensure that any products, services or information meets your specific requirements and are installed in accordance with applicable codes and laws and in conjunction with appropriate engineering, technical advice or similar services.

 

THIS SITE IS PROVIDED TO YOU ON AN ‘AS IS’ AND ‘WHERE IS’ BASIS, WITHOUT ANY WARRANTY. DWD, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, DWD DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

 

IN NO EVENT WILL DWD BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT DWD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT.

 

TO THE EXTENT ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE UNENFORCEABLE TO YOU IN YOUR JURISDICTION, THIS SECTION SHOULD BE CONSTRUED SO AS TO EFFECTUATE THE INTENT OF ITS PROVISIONS TO THE MAXIMUM EXTENT PERMISSIBLE.

 

Indemnity

 

You agree to indemnify DWD and any affiliated companies and each of their respective owners, officers, directors, employees, agents, and licensors from any claim or demand, including reasonable legal fees, made by any third party due to content you submit or transmit through the Site, your use of the Site, your violation of these Terms, or your violation of any rights of another.

 

Applicable Law

 

Any action related to these Terms will be governed by the law of the Province of Ontario, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the Province of Ontario, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.