General Terms and Conditions of www.stonesselectestates.com
Last revision: 5 May 2021
Your access to or use of the Website indicates that you have read, understood and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, and such changes will be effective upon their posting on the Website. Your continued use of the Website will be deemed to be your acceptance of the amended Terms and Conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Website is owned by us or our licensors, including materials protected by copyright, trademark or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photographs, sounds, music, videos, applications, interactive features and all other content, is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; all rights reserved.
2. USE OF THE COMPANY’S MATERIALS
3. PERMITTED USE
You agree not to use the Website for any purpose that is unlawful or prohibited by this clause. You agree not to use the Website in any way that may harm the Website, the Services or the general business of Stone’s Superior Homes Ltd.
You further agree not to use and/or access the Website:
a) Harass, abuse or threaten others or otherwise violate the legal rights of any person;
b) To infringe any intellectual property rights of us or any third party;
c) upload or otherwise distribute computer viruses or other software that may damage another’s property;
d) To commit a fraud;
e) engage in or create unlawful games of chance, sweepstakes or pyramid schemes;
f) Publish or distribute obscene or defamatory material;
g) Publication or distribution of material inciting violence, hatred or discrimination against any group;
h) Unauthorised collection of information about others.
4. PROTECTION OF PRIVACY
By your use of the Website, you may provide us with certain information. By using the Website, you authorise us to use your information in Canada and any other country in which we operate.
We may receive information from external applications you use to access our website or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information we collect from you to ensure that you continue to have a good experience on our website. We may also track certain aspects of the passive information we receive to improve our marketing and analytics, and we may work with third parties, including other marketers, to do this.
If you wish to prevent our access to all passive information we obtain through the use of various technologies, you can disable cookies in your web browser.
5. REVERSE ENGINEERING & SAFETY
You are not permitted to do any of the following:
a) reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the Website;
b) breach the security of the Website through unauthorised access, circumvention of encryption or other security tools, data mining or interference with a host, user or network.
You will defend, indemnify and hold harmless Stone’s Superior Homes Ltd. and any of its affiliates from and against any and all legal claims and demands, including reasonable attorneys’ fees, that arise out of or relate to your use or misuse of the Site, your violation of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense if we so choose.
7. SPAM POLICY
You are strictly prohibited from using the Site or any of our services for illegal spamming activities, including collecting email addresses and personal information from others or sending bulk commercial emails.
8. LINKS & THIRD PARTY CONTENT
We may occasionally publish links to third party websites or other services. We are not responsible or liable for any loss or damage arising from the use of any third party services linked to from our website.
To the extent that any part or sub-part of these Terms is held by a court to be invalid or void, the previous, valid version of these Terms shall be deemed enforceable and in full force and effect.
10. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform scheduled or unscheduled maintenance or emergency services. You agree that your access to the Website may be affected by unforeseen or unplanned downtime for any reason, but that we will not be liable for any damage or loss arising as a result of such downtime.
11. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk, and all services provided by us are provided on an “as is” basis. We disclaim all warranties of any kind, express or implied, including but not limited to the implied warranties of fitness for a particular purpose and the implied warranties of merchantability. We do not warrant that the Website will meet your requirements or that the Website will be uninterrupted, error-free or secure. We also do not warrant the reliability or accuracy of any information on the Website or any information you obtain through the Services. Any damage caused to you, your computer system or as a result of the loss of your data through the use of the Website is your sole responsibility and we will not be liable for any such damage or loss.
12. DATA PROTECTION
13. LIMITATION OF LIABILITY
We will not be liable for any damages you incur as a result of your use of the Website to the fullest extent permitted by law. Stone’s Superior Homes Ltd’s maximum liability arising out of your use of the Website shall be limited to the greater of one hundred ($100) Canadian dollars or the amount paid by you to Stone’s Superior Homes Ltd in the previous six (6) months. This applies to all claims by you, including but not limited to lost profits or revenue, consequential or punitive damages, negligence, strict liability, fraud or torts of any kind.