Grant of License
Alberta Law Applies
DISCLAIMER OF WARRANTIES AND CONDITIONS
Except as expressly set out herein, the Website and the Products are provided strictly on an “AS IS, WHERE IS” and “AS AVAILABLE” basis. Easy Trim Fenceguard™ warrants that, for 60 days from the initial delivery of Products, the Products shall operate substantially in accordance with the description provided on the Website. In the event of any breach of the limited warranty provided in this Section, Easy Trim Fenceguard™ shall use commercially reasonable efforts to modify or replace the Products or applicable component, as the case may be, to correct such defect. The Purchaser further acknowledges and agrees that Easy Trim Fenceguard™ is not responsible, and shall have no liability arising from Products provided by any persons other than Easy Trim Fenceguard™. No oral or written information or advice given by Easy Trim Fenceguard™ or its officers, directors or employees shall in any way extend, modify or add to the foregoing limited warranty.
LIMITATION OF LIABILITY
IN NO EVENT WILL EASY TRIM FENCEGUARD™ OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY ARISING OUT OF THE USE OF THE PRODUCTS OR DOCUMENTATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EASY TRIM FENCEGUARD™ AND THE PURCHASER. THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
All of the Products posted on, linked to, or available on or through the Website are subject to availability and to change without notice. Easy Trim Fenceguard™ makes no offers subject to unconditional acceptance and any offer made by You is subject to review and acceptance by Easy Trim Fenceguard™. In addition, any contract concluded between you and Easy Trim Fenceguard™ related to, or arising out of, the Product or Website, requires acceptance of Easy Trim Fenceguard™ related to the Products in effect at the time.
Third Party Links and Endorsements
From time to time, Easy Trim Fenceguard™ may post certain links or other third party information on the Website that lead to websites maintained by independent third parties over which Easy Trim Fenceguard™ has no control. Easy Trim Fenceguard™ accepts no obligation to post or maintain any such links and there may be no such links at any given time. If Easy Trim Fenceguard™ does provide such links, they have been provided solely as a convenience for users of the Website and do not constitute an endorsement by Easy Trim Fenceguard™ of the content of such third party sites. Your use of such links is solely at Your own risk. Links to this Website may also be provided from other sites either known or unknown to Easy Trim Fenceguard™ and access to any other website linked to or from this Website is at Your own risk. Easy Trim Fenceguard™ make no representations, warranties, conditions or guarantees, and disclaims all liability and responsibility for the privacy practices, content or accuracy of content on all such third party websites. Nothing in this Website constitutes an endorsement or approval of any third parties or their advice, opinion, information, products or services, express or implied.
Internet Communications and Email
The Internet is not a secure medium and data in transit or housed on computers is subject to possible interception, loss, corruption, or alteration of communication for which Easy Trim Fenceguard™ assumes no liability. You use the Internet and email at Your own risk.
Any unprotected email or other communication over the Internet is not confidential, is subject to possible interception or loss, and is also subject to possible alteration. Easy Trim Fenceguard™ will not be responsible for, nor be liable to You or anyone else, for any damages in connection with any Internet communication with Easy Trim Fenceguard™, nor for any email sent by You to Easy Trim Fenceguard™, or any email or other electronic communication sent by Easy Trim Fenceguard™ to You at Your request or in response to information received from You.
The Products, material and information accessed via the Website are available only under the conditions set out herein.
Unless otherwise stated, all the contents of this Website and any information thereon, including the selection and arrangement of the elements making up this Website, are licensed or copyright to Easy Trim Fenceguard™ all rights reserved. Easy Trim Fenceguard™ and associated logos and designs are trade-marks and the exclusive property of Easy Trim Fenceguard™, all rights reserved. The trade-marks of any third parties appear with any required licenses.
in full force and effect.
Contacting Us and Receiving Information
Easy Trim Fenceguard™ requests that You provide Easy Trim Fenceguard™ with only such personal information as You reasonably should disclose in order to permit Easy Trim Fenceguard™ to provide You with information, respond to You, consider Your queries or consider You for employment. Easy Trim Fenceguard™ accepts no liability for any failure to receive Your information, or for any loss of, or damage to, information in transit to Easy Trim Fenceguard™, or received by Easy Trim Fenceguard™. Any personal information You provide is considered by Easy Trim Fenceguard™ to have been provided with Your consent, permitting Easy Trim Fenceguard™ to collect, use and disclose such personal information for reasonable purposes related to Your contacting Easy Trim Fenceguard™ or receiving information from Easy Trim Fenceguard™.