These terms and conditions govern your use of this web site. By accessing this website, you are acknowledging and accepting these terms of use. These terms of use are subject to change by Awnings And More Inc. at any time and at our discretion without notice. Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site.
AWNINGS AND MORE INC TERMS AND CONDITIONS
1. INTRODUCTION
Awnings And More Inc. (“AAM”), an Alberta incorporated company, agrees to provide you (the “Customer”) with Awning & Shutter Services (defined below), subject to your compliance with the terms and conditions hereafter outlined (the “Terms and Conditions”). Please read these Terms and Conditions carefully. As a Customer, you agree to be bound by these Terms and Conditions, both for current and for any additional services for which you may contract with AAM, including all payment terms (collectively, the “Agreement”). In this Agreement, “you” and “your” refers to the Customer.
Upon engaging AAM for Awning & Shutter Services you should have verbally accepted a summary of key provisions of these Terms and Conditions. IF, SUBSEQUENT TO YOUR VERBAL ACCEPTANCE OF THE SUMMARY TERMS AND CONDITIONS, YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOTIFY AAM WITHIN FIVE (5) DAYS OF YOUR ORDER AND THE SERVICES WILL BE CANCELED WITH NO FURTHER OBLIGATIONS BY EITHER PARTY. PROVIDED, HOWEVER, THAT YOU SHALL BE RESPONSIBLE FOR COSTS OF ALL SERVICES PROVIDED UNTIL SUCH CANCELLATION PROCEDURE IS FOLLOWED. FAILURE TO NOTIFY AAM OF CANCELLATION ACCORDING TO THE PROCESS DEFINED ABOVE SHALL BE DEEMED TO INDICATE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THEM. You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Services, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party, including another advertiser.
2. TERM, PAYMENT, & MODIFICATION
The term of this Agreement shall begin and become effective as of the agreement date, which coincides with initial payment. 100% full payments for all purchases are required at time of purchase (unless otherwise stated in the agreement).
3. FEES FOR AAM SERVICES
Fees are collected via a 3rd party credit card processor or by cheque in person.
4. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Awnings And More Inc., you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Awnings And More Inc.. For information on requesting such permission, please contact us at cool@awningsandmore.ca.
5. THIRD PARTY REFERENCES / HYPERLINKS
This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Awnings And More Inc., and you acknowledge that Awnings And More Inc. is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
6. CONTACTING US
If you need to contact us, you can email us at cool@awningsandmore.ca, call us at (587) 317-6933, or send us a letter at: 41 Brightonwoods Gdns SE, Calgary Alberta T2Z 0P9, Canada
7. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ENGAGE ONLINE MARKETING LLC AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL AWNINGS AND MORE INC OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AWNINGS AND MORE INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AWNINGS AND MORE INC’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
9. INDEMNIFICATION
Upon a request by Awnings And More Inc., you agree to defend, indemnify, and hold Awnings And More Inc. and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site.
10. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Awnings And More Inc. with respect to this site and supersedes all prior or contemporaneous communications between you and Awnings And More Inc. with respect to this site. If any part of these Terms of Use 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.
11. JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Alberta. You hereby consent to binding arbitration in the Province of Alberta to resolve any disputes arising under this Terms of Use.