Acceptance Of Terms
Builders Choice Products Ltd. (referred to below as "Builders Choice", "Us" or "We") provides the https://builderschoice.ca website and various related services, including external social media sites (collectively, the "Site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms"), as well as any other written agreement between us and you. In addition, when using particular services or materials on the Site, users shall be subject to any posted rules or guidelines applicable to such services or materials, which may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are hereby incorporated by reference into these Terms. BY ACCESSING OR USING THE SITE YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS.
You may use the Site only if you are legally able to form a binding contract in Canada. If you are accepting the Terms on behalf of a corporation or other legal entity, you represent and warrant that you are authorized to do so.
As used in these Terms, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, employees, agents, licensors, licensees, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its contents.
The products and services and information described in this Site are available only in jurisdictions where they may be legally provided. Where products and services are available, they will be provided in accordance with additional terms and conditions, including without limitation the terms of any applicable customer agreement.
You are solely responsible for your use of the Site and any content you submit as part of your use of the Site, including content you submit to our external social media sites.
When using the Site, you agree to abide by the following standards:
- You will obey all applicable laws and regulations;
- You will not submit any content (privately or publicly) via forms on the Site, to our external social media sites, or to emails published on the Site that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
- victimizes, harasses, degrades, or intimidates an individual or group of individuals for any reason, including on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party.
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and/or
- impersonates any person or entity, including any of our employees or representatives.
- not to alter or modify any part of the Site;
- not to bypass, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of any Site content or enforce limitations on use of the Site or the Site content.
- not to take any action that imposes or may impose (as determined by Builders Choice in its sole discretion) an unreasonable or disproportionately large load on Builders Choice’s (or its third-party providers') infrastructure;
- not to use or launch any system that accesses the Site automatically or to install or transmit any computer program or software on or via the Site;
- to act in a respectful and conscientious manner when using the Site;
- not to use the Site or communication systems provided by the Site for any commercial solicitation purposes, except for as expressly permitted by Builders Choice.
- not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Site, or use of or access to the Site.
- that you are not entitled to remuneration or compensation of any kind from us for your use of the Site; and
not to use the Site for any commercial purpose not intended to be allowed by the Site without our prior written consent, including but not limited to:
- the sale of access to the Site;
- the sale of advertising, sponsorships, or promotions placed on or within the Site or its content; and/or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Site content (other than your user content) delivered via the Site, unless other material not obtained from us appears on the same page and is of sufficient value to be the basis for such sales.
In addition, you agree as follows with respect to your use of the Site:
You may not use the Site to attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else's use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
YOUR FAILURE TO COMPLY WITH ANY OF THE TERMS, INCLUDING WITHOUT LIMITATION THE ABOVE CONDITIONS AND RESTRICTIONS OF USE, CONSTITUTES GROUNDS FOR US TO IMMEDIATELY, AND IN OUR SOLE DISCRETION, TERMINATE YOUR ACCESS TO AND USE OF THE SITE AND ITS CONTENTS. YOU AGREE THAT WE MAY AT ANY TIME, AND AT OUR SOLE DISCRETION, TERMINATE YOUR AFFILIATION WITH THE SITE WITHOUT PRIOR NOTICE TO YOU FOR VIOLATING ANY OF THE ABOVE PROVISIONS. IN SUCH EVENT, WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR YOUR FAILURE TO COMPLY WITH THE TERMS OR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SITE, NOR FOR ANY INTERRUPTION OR TERMINATION OF YOUR ACCESS OR USE OF THE SITE.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at the Site, including without limitation cooperating with law enforcement authorities in investigating suspected criminal violations.
Accuracy, Completeness and Timeliness of Information
Builders Choice is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information which is definitely not current and is provided for reference only. We reserve the right to modify the contents of this Site at any time without obligation on our end to update any information on the Site. You understand and agree that it is your responsibility to monitor changes to the Site.
We neither endorse nor assume any liability for the contents of any material on the Site, including material uploaded or submitted by third party users of the Site.
License & Site Access
Builders Choice grants you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with express written consent from our company. This Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from our company.
The right to access the Site does not include any resale or commercial use of the Site or its contents nor allows you to download or copy any account information for the benefit of another merchant.
Any unauthorized use or access will terminate any permissions or licenses granted by Builders Choice.
Product Pricing Descriptions
The list price displayed for products on the Site represents the full retail price listed on the product itself. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the list price may represent “open stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. In cases of mispriced items in our catalogs, in which the item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. If a product offered on the Site is not as described, your sole remedy is to return it in unused condition.
Links & Framing
You shall not use our company logo or other proprietary graphic to link to this Site without the express written permission of Builders Choice. Further, you may not frame any trademark, logo or other proprietary information, including the images content, without our express written consent.
Builders Choice cannot guarantee and does not promise any specific results from use of the Site. The material on the Site is provided solely for general information purposes and does not constitute representations, warranties, or professional advice of any nature and does not constitute an offer to buy or sell any goods or services.
THE SITE AND ALL MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SITE AND MATERIALS WILL MEET YOUR REQUIREMENTS OR BE FIT FOR YOUR PURPOSE OR PARTICULAR USE, (B) YOUR USE OF OR ACCESS TO THE SITE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SITE, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SITE AND THE MATERIALS ON THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SITE OR THE MATERIALS ON THE SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THE SITE OR SUCH MATERIALS.
THE SITE COULD INCLUDE BUGS, VIRUSES, TROJAN HORSES, OR OTHER DAMAGING OR MALICIOUS COMPUTER PROGRAMS OR SOFTWARE, AND THE SITE PROVIDED COULD BE INTERRUPTED OR CEASED FROM TIME TO TIME. THE USE OF THE SITE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH THREATS OR ACTIVITIES.
Content available through the Site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized Builders Choice spokesperson speaking in his/her official capacity. You understand and agree that temporary interruptions of the services available through the Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Third Party Sites and Information
Corporate Intellectual Property Rights
For purposes of these Terms, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the Site. This includes message boards, chat, and other original content. By accepting these Terms, you acknowledge and agree that all content presented to you on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary or intellectual property rights and laws, and, as between you and Builders Choice, is the sole property of Builders Choice and/or its Affiliates. Except for a single copy made for personal, non-commercial use only, you may not copy, reproduce, modify, republish, upload, post, transmit, sell, license, distribute or otherwise exploit any documents or information from the Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Site. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights, including without limitation intellectual property rights, of third parties.
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by aforementioned intellectual property rights, in and to the Site, and that you will not acquire any right, title, or interest in or to the Site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Site or proprietary information related thereto.
Use of Materials
While you retain rights in such communications, content or material, you grant us and our Affiliates a non-exclusive, irrevocable, royalty-free and fully paid-up, perpetual, sublicenseable, transferable and universal right and license to:
- copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
- (and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and material, in connection with the provision of the services available on the Site; and
- use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of the services available on the Site.
You also waive your moral rights in such communications, content or material in favour of Builders Choice and our Affiliates.
To enable Builders Choice to host your content pursuant to the above provisions, you hereby grant to Builders Choice a worldwide, non-exclusive, perpetual, royalty-free, sublicensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights solely in connection with the Site.
You shall be solely responsible for your content and the consequences of submitting your content to us and the Site. Where you are uploading or posting any information or other content to the Site, you represent and warrant to us that you have the right to post this content and to grant the licenses to us described in these Terms, that such content contains no viruses or other malicious programming, that its posting does not infringe the intellectual property rights of another person, and that the content does not breach any of the provisions of these Terms.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY WEBSITES REFERENCED OR LINKED TO FROM THE SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN THE EVENT THAT ANY CLAIM OR LIABILITY ARISES AGAINST US, OUR AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE AND/OR RELATED SITE OR ANY OTHER CIRCUMSTANCE GIVING RISE TO LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL NOT EXCEED $50.
Builders Choice has no special relationship with or fiduciary duty to you. You acknowledge that Builders Choice has no control over, and no duty to take any action regarding: which users gains access to the Site; what content you access via the Site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Builders Choice from all liability for you having acquired or not acquired content through the Site.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including solicitor-client costs on a full indemnity basis, that arise from your use or misuse of the Site, your violation of any of the Terms, your violation of any third party right, including, without limitation, any intellectual property or privacy right, or any claim that your content caused damage to a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive these Terms and your use of the Site.
Although the Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside Canada, and accessing them from territories or jurisdictions where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for termination and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Site immediately ceases, and you acknowledge and agree that we may immediately bar any further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and customers/forum members. All information submitted to by an end-user customer pursuant to the Site is proprietary information of Builders Choice. Such customer information is confidential and may not be disclosed. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Non-Assignment RightsYour rights established by these Terms, of whatever nature, cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. Any purported attempt to assign your rights will be null and void. However, we may freely assign this Agreement to any person at any time without notice.
Failure of Builders Choice to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Severability of Terms
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
These Terms describe and encompass the entire agreement between us and you, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of these Terms.
These Terms may not be altered, supplemented, or amended by the use of any other document(s) by you. Any attempt to alter, supplement or amend this document by you, or to enter an order for products or services which are subject to additional or altered terms and conditions imposed by you, shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
The Site (excluding any linked site) is controlled by us from our offices within Alberta, Canada. It can be accessed from all Canadian Provinces and Territories, as well as from other countries around the world. As each of these places has laws that may differ from those of Alberta, by accessing this Site you agree with us that the statutes and laws of the Province of Alberta, without regard to any conflicts of laws principles or any other legislation of any other jurisdiction, will apply to all matters relating to the use of the Site and the purchase of products and services available through the Site, and shall govern these Terms. You agree to submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the Province of Alberta for all matters arising from your use of the Site or relating to these Terms, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual province or country of residence.
Any cause of action brought by you against us or our Affiliates must be instituted within two years after the cause of action arises or be deemed forever waived and barred.
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our Site. YOUR CONTINUED VISIT TO THE SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT OR TERMS ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
These Terms are effective as of April 14, 2022. You acknowledge and agree that it is your responsibility to review the Site and these Terms from time to time, and to familiarize yourself with any modifications or revisions that may be made.
We reserve the right, in our sole discretion, to either modify or discontinue the Site, including any of the related features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the Site shall also be subject to these Terms.
Contact Builders Choice
Except as explicitly noted on the Site, the services available through the Site are offered by Builders Choice located at 950 Bower Cres, Regina, SK S4N 7E4. You can contact us at Phone: 800-667-7894
Builders Choice Products Ltd.
950 Bower Cres
Regina, Saskatchewan S4N 7E4