1) Introduction and Definitions
3) Changes to the Site
- COMFORT KING may from time to time, at its discretion, make changes to the Site, including changing, removing, or adding products or services.
5) Permitted Use of the Site
Anyone is welcome to visit and browse the Site.
You may not enter any false, fraudulent, indecent, obscene, profane or otherwise inappropriate information into any application or other data entry form or page located on or through the Site, and you represent, warrant and agree that you will enter only true and accurate information into any form or page related to the Site, you will keep such information updated, and that you will use the Site only in compliance with all applicable laws.
You acknowledge and agree that COMFORT KING does and will cooperate with law enforcement officials and agencies in any investigation of potential or alleged violations of any applicable law. You acknowledge and agree that COMFORT KING may investigate (or have investigated on its behalf) allegations of infringement of third-party rights or abusive or any other inappropriate use of the Site.
6) Hyperlinks to Third-Party Sites
7) Intellectual Property Ownership; Use, and Limits on Use, of Site Content
Unless otherwise specified, the Site and all of its elements and contents, including without limitation all graphics, text, logos and elements of design and layout of the Site, and its general look and feel (the “Content”) are subject to copyright, trade mark, and other laws protecting intellectual property, and COMFORT KING reserves all such rights.
You agree not to intentionally, and to take all reasonable steps not to inadvertently, alter, corrupt, delete or add to the Site or any of its Content, or to alter or interfere with or attempt to alter or interfere with the operation of the Site, or to transmit or otherwise install or deliver to the Site any virus, worm or other damaging, invasive or disabling computer code that may control, monitor or otherwise affect the operation of the Site.
8) Availability of Site, Products and Services
The Site is visible across the world wide web and can therefore be viewed outside of COMFORT KING’s home jurisdiction. The mere fact that you can view the Site from your jurisdiction does not imply that the products or services described on the Site are now, or will in future be, available in your jurisdiction.
9) Disclaimer of Warranties
While COMFORT KING uses reasonable efforts to include accurate and up-to-date information on this Site, it makes no representations or warranties, and provides no conditions, as to the truth, accuracy, reliability, usefulness, timeliness or completeness of that information. COMFORT KING does not guarantee, and provides no warranties or conditions, that the Site or services provided on or by the Site will be sufficient or appropriate for every individual or situation, will be current, uninterrupted or error free. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND YOU USE THIS SITE AT YOUR OWN RISK. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION PROVIDED MAY NOT BE ACCURATE OR CURRENT, MAY NOT APPLY TO YOUR PARTICULAR SITUATION, OR MAY NOT BE SUITABLE OR APPROPRIATE FOR YOU. COMFORT KING STRONGLY URGES YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE INFORMATION IT PROVIDES, AND YOU ACKNOWLEDGE THAT THE SITE IS NOT INTENDED TO, AND SHOULD NOT BE CONSIDERED TO, PROVIDE ANY LEGAL, TAX, FINANCIAL PLANNING OR ACCOUNTING ADVICE. If you require advice in such fields, you should consult the appropriate professional advisers.
COMFORT KING MAKES NO WARRANTY OR REPRESENTATION, AND PROVIDES NO CONDITION, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. You are strongly advised to obtain and use appropriate anti-virus and security software.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMFORT KING HEREBY EXPRESSLY DISCLAIMS AND BY USING THIS SITE YOU WAIVE ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, COMPATIBILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, QUALITY OR FITNESS FOR PARTICULAR PURPOSE OR THE RESULTS THAT MAY BE OBTAINED FROM THE SITE, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE.
THIS SECTION 9 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
You specifically agree that COMFORT KING shall not be responsible for unauthorized access to or alteration of the Site or your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. You specifically agree that COMFORT KING is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that COMFORT KING is not responsible for any content sent using or included in the Site by any third party.
10) Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF COMFORT KING OR ANY THIRD PARTIES MENTIONED ON THE SITE AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES, SHALL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, FAILURE TO REALIZE EXPECTED SAVINGS OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE (OR INABILITY TO USE) THE SITE, THE CONTENT, THE INFORMATION ON OR ANY LINK, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMFORT KING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST COMFORT KING, AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES IN RESPECT OF ALL MATTERS REFERRED TO IN THE PRECEDING PARAGRAPH.
IF FOR ANY REASON OR IN ANY CIRCUMSTANCE COMFORT KING IS FOUND LIABLE TO YOU, THE MAXIMUM AGGREGATE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS ARISING IN ANY WAY FROM OR RELATING TO THE USE (OR INABILITY TO USE) THE SITE, THE CONTENT, THE INFORMATION ON OR ANY LINK, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR OTHERWISE, SHALL BE LIMITED TO CDN$10.00.
11) Hyperlinks from Third Party Sites
You may not create any link to the Site except with our express prior written consent. We hereby provide consent to you creating a single hyperlink to any page of the COMFORT KING site, provided that: a) The content of the web site (“your site”) from which you link to the Site is not offensive under, or in breach of, your local laws and standards or those of Canada, and in particular the content of your site does not promote or positively portray unlawful activity, violence or intolerance of any sort; b) Your site is in compliance with all laws applicable in the jurisdiction in which it is hosted and all laws of Canada; c) Your site does not misrepresent, overstate, exaggerate, or otherwise deceptively describe the Site, COMFORT KING or the relationship between your site and either the Site or COMFORT KING; d) Your site does not disparage or in any way negatively portray COMFORT KING, the Site, or any product or service offered by or on COMFORT KING or the Site; e) Your site, including the link permitted under this provision, does not infringe on any intellectual property right of COMFORT KING. More specifically (but without limiting the breadth of the previous sentence), your site does not use any material, logo, text, image, video, or graphic in which holds copyright or is a trade mark or service mark (registered or unregistered and whether or not any identifying “TM”,”SM”, or ®/ “R” in a circle marking is used in association with such marks) of COMFORT KING (including any logo or URL of COMFORT KING, including the URL of the Site) except to the extent necessary to identify and link to the Site, and then only provided that a notice acknowledging COMFORT KING’s ownership of the intellectual property is clearly displayed. f) Your site does not, and no other web site owned, controlled, or affiliated with you or your site, frames, mirrors, or otherwise displays any portion or content of the Site; g) You will, without any claim whatsoever arising there from, immediately upon request from a representative of the Site by telephone, facsimile, mail, email, or any other form of communication, remove any or all links to the Site from your site(s) as requested by such representative of the Site, whether or not such representative provides any reason or justification for such request. Your right to create any such link, in addition to be revocable as described above, is non-exclusive, and you acknowledge and agree that such right does not in any way provide you with any right or license (express, implied, by estoppel, or otherwise) in or to any Site content or any intellectual property of COMFORT KING (or any third party the intellectual property of which is present or visible on the Site), including any copyright, trademark, service mark, patent, trade secret, trade dress or otherwise.
12) Feedback and other Submissions
Except where expressly agreed otherwise by COMFORT KING, all information and material submitted to COMFORT KING through or in relation to the Site will be considered non confidential. By providing any such material to COMFORT KING you grant COMFORT KING a royalty free, perpetual, irrevocable, non-exclusive, worldwide right and license (with the right to sublicense through multiple tiers) to use, reproduce, distribute, modify, create derivative works of, publicly display, and publicly perform such material in any media now known or not currently known; and to make, have made, offer for sale, sell, and otherwise transfer such material, for any purpose and on any basis. However, despite such uses by COMFORT KING, You acknowledge that you, and not COMFORT KING, have full responsibility for the material, including its legality, reliability, appropriateness, originality, and copyright.
13) Claims of Copyright Infringement
If you believe that material in which you hold copyright is visible on the Site without your consent, please contact us immediately at:
Comfort King Windows & Doors
1521 Sieveright Avenue
Please provide details of where the material is visible along with a description of the material, as well as your own name and contact information and such other information as is reasonably necessary to allow us to determine whether the Content in question infringes.
COMFORT KING reserves the right, in its sole discretion and at any time with or without notice to you, in its sole discretion, to terminate your access to all or any part of the Site, without any liability to you or any other person. Sections 1, 6, 7, 9, 10, 11, 12, 14, 15, 16, 17, 18 and 19 shall survive the termination of your right to use the Site.
16) Governing Law
17) Entire Agreement; Severability; Language
19) Voluntary Limitation Period