BUILD.CA TERMS OF USE

Welcome to Build.ca. This site is provided by Build.ca as a service to our customers. Please review the following basic rules that govern your use of this site and the services it provides to you. Please note that your use of Build.ca constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this site and thereby bypass these Terms of Use, your use of Build.ca still binds you to these Terms of Use. Build.ca reserves the right to update or modify these Terms of Use at any time without prior notice. Your continued use of Build.ca following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use, as changed. For this reason, we encourage you to review these Terms of Use whenever you use this site.

All content included on this site, such as text, graphics, photos, logos, button icons, images, digital downloads, data compilations, and software, is the property of Build.ca or its licensors or other content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of Build.ca and protected by Canadian and international copyright laws. All software used on this site is the property of Build.ca or its software suppliers and protected by Canadian and/or international copyright laws.

License and Site Access

Build.ca grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Build.ca. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, image stripping, robots, or similar data gathering and extraction tools. 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 of Build.ca. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Build.ca, our affiliates or suppliers without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Build.ca name or trademarks without the express written consent of Build.ca.

You may not use any direct linking or source-calling of any media presented on this web site. Any unauthorized use terminates the permission or license granted by Build.ca. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Build.ca so long as the link does not portray Build.ca, Build.ca, its affiliates, suppliers or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark of Build.ca, its affiliates or suppliers as part of the link without express written permission of the applicable owner. Build.ca may change, modify, update, suspend, make enhancements to and add and/or remove functionality of Build.ca at any time without prior notice to or approval from you. You may not use Build.ca in a manner that fails to comply with these Terms of Use, failing which Build.ca reserves the right to suspend or terminate your access to use Build.ca on a temporary or permanent basis.

Cookies and Electronic Data

Build.ca may collect certain data for general statistical information each time this website is visited. This information is collected through the server web logs and may consist of dates and times of visits to this website; the IP addresses of visitors to this website; the operating system and browser version of the computers of visitors to our website. This data is not used individually to identify users of this website, but is used to analyze system performance, usage, peak usage and usage trends. This website may employ the use of identifying technologies such as "cookies", beacons, tags and scripts, which your computer receives when you visit certain websites. Cookies are small data files (text) that are transferred from a standard web server to a user's browser and contain information that can be read by a web server for record-keeping purposes. The use of cookies is a standard practice on the Internet and can improve the service that a website provides. The information stored in cookies is not used to personally identify an individual and does not contain "personal" information or data. Cookies may be rejected if a user's browser is set to reject or deny cookies; if a user has a third-party program installed that interferes or prevents cookies (i.e., certain firewalls, anti-virus or anti-spyware programs) or notifies the user whenever a cookie is sent to the user's computer. Cookies sent by Build.ca that are rejected may limit access to this website or this website may no longer function as intended or be accessible to the user.

Links to Third Party Websites

This website may contain links or references to websites, products or services owned, operated or offered by third parties other than Build.ca or its affiliates ("Third Party Sites"), including, but not limited to certain of its suppliers, all of which are provided for your reference only. Build.ca does not control the Third Party Sites, is not responsible for the content or conformity with applicable laws of Third Party Sites and expressly disclaims all responsibility and liability in relation to the information contained in Third Party Sites. The inclusion of links to Third Party Sites on this website does not imply any endorsement or approval by Build.ca of the content or materials on Third Party Sites or the products or services that may be offered on Third Party Sites nor does such inclusion, unless expressly disclosed otherwise, imply: (i) any sponsorship, affiliation, partnership or association of Build.ca with the owner or operator of Third Party Site; or (ii) any authorization of Build.ca to use any copyright, trademark, logo, trade name or other legally protected material that may appear in the Third Party Sites.

Pricing or Typographical Errors

While Build.ca strives to provide accurate product and pricing information, pricing or typographical errors may occur. Build.ca cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Build.ca shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Build.ca may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Colours and Finishes

We have made every effort to display as accurately as possible the features of products that appear on the site, including colours and finishes. However, the actual colours you see will depend on the device you use to access Build.ca and we cannot guarantee that your any colour or finish you view will be accurate. Customers are encouraged to fully review all descriptions and any provided specifications or manufacturer documentation to ensure the product being purchased is suitable for their needs. Build.ca is not responsible for changes to products implemented by manufacturers without notice and other factors beyond its control.

Brand Logos

Where manufacturer brand logos are used throughout this website, such use is intended only to reference the manufacturer brand with which the applicable part, accessory or product is compatible and does not imply that such part, accessory or product is an original equipment manufacturer (OEM) part.

Instructional Videos, Repair Recommendations and Product Cross-References

Certain contents of Build.ca are made available and are intended for informational purposes only, including instructional videos, repair recommendations and product cross-references. Where product descriptions make reference to a "Possible Repair Solution", such references are only intended to assist customers in identifying potential or common problems that the product may assist in repairing. Nothing contained in or provided through the videos made available on Build.ca is intended to constitute professional advice, to replace the information found in any installation or service manual provided with any of the products depicted in the videos or to substitute for the advice of a trade professional. Build.ca endeavours to ensure the accuracy of all product cross-references and the interchangeability of cross-referenced products; however, Build.ca assumes no responsibility for any errors in such cross-references, including as a result of manufacturer changes to model numbers, specifications, operating characteristics or obsolescence.

Build.ca does not warrant the accuracy, adequacy, completeness, reliability or usefulness of such content or that the content is applicable to any individual circumstance and does not guarantee any specific result and any reliance you place on the content available on Build.ca is strictly at your own risk.

Build.ca recommends that you always use appropriate safety equipment and procedures when engaging in any installation, repair, replacement or other home improvement activities, including those shown in any video made available on Build.ca. Build.ca promotes safe work habits in our videos; however, if you are unsure, unclear, unaware or unfamiliar with such equipment and/or procedural requirements, Build.ca urges you to seek the services of a trade professional.

UNDER NO CIRCUMSTANCE WILL Build.ca OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY OF THE CONTENT COMMUNICATED IN THE REPAIR RECOMMENDATIONS, VIDEOS AND PRODUCT CROSS-REFERENCES MADE AVAILABLE ON Build.ca, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN THE CONTENT, OR FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES) INCURRED AS A RESULT OF THE AVAILABILITY OR ANY USE OF SUCH CONTENT.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after payment received, we will issue a credit by the charged payment method for the amount of the charge, which may include a reversal of any charge to your credit account with Build.ca.

Quantity Limits

Build.ca reserves the right to limit the quantity of items purchased per customer or per order. These restrictions may be applicable to orders placed by the same payment account and to orders that use the same billing and/or shipping address, or same email address. We will provide notification to the customer email and/or billing address provided should such limits be applied.

Privacy and Your Build.ca Account

Build.ca's Privacy Policy (https://www.Build.ca/sections/privacy-policy) forms an integral part of these Terms of Use, and describes how Build.ca collects, uses, discloses, manages and stores personally identifiable information ("Personal Information"), including that which you may supply to Build.ca pursuant to your use of our services.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. Should you become aware of unauthorized access to your account, you must promptly notify Build.ca. Additionally, you may not use any other party's account at any time, without the permission of such account holder. Build.ca is not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. However, you could be held liable for losses incurred by Build.ca, another user or any third party due to misappropriation and use of your account. If you become aware of any unauthorized use of your Build.ca account, please immediately notify Build.ca.

Minors

If you are under 18, you may use Build.ca only with consent of a parent or guardian. Build.ca reserves the right to refuse service, terminate accounts, or cancel orders in their sole discretion.

Social Media

Build.ca's use of social media serves as an extension of its presence on the Internet. Social media account(s) are public and are not hosted on Build.ca servers. Users who choose to interact with Build.ca via social media should read the terms of service and privacy policies of such third-party service providers and those of any applications you use to access them. Personal information that you provide to Build.ca via social media account(s) is collected in accordance with our privacy policy and applicable laws and may also be subject to the privacy policies of third parties and the laws of jurisdictions other than Canada. This information may include that collected to capture conversations (e.g. questions and answers, comments, "likes", re-tweets) between you and Build.ca and may be used to respond to inquiries or for statistical, evaluation and reporting purposes. Any comments which are posted that violate applicable laws will be deleted and may be disclosed to law enforcement authorities.

Indemnification

You agree to defend, indemnify and hold Build.ca and its affiliates harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your misuse of the Build.ca site in violation of these Terms of Use.

Restrictions on Use

The software, workflow processes, user interface, designs, know-how, and other technologies provided by Build.ca as part of Build.ca are the proprietary property of Build.ca and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with Build.ca. You may not remove or modify any proprietary marking or restrictive legends on Build.ca. Build.ca reserves all rights unless expressly granted in these Terms of Use. You may not (i) sell, resell, rent or lease your limited right to use Build.ca or use it in a service provider capacity to any third party; (ii) use Build.ca to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of Build.ca; (iv) attempt to gain unauthorized access to Build.ca or its related systems or networks; (v) reverse engineer the services provided by Build.ca; or (vi) access Build.ca to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.

Disclaimer

Build.ca IS PROVIDED BY Build.ca ON AN "AS IS" AND "AS AVAILABLE" BASIS. Build.ca MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Build.ca DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Build.ca DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF Build.ca, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF ANY ITEM(S) PURCHASED. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.

Limitation of Liability

NEITHER Build.ca NOR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS WILL BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, AND IN NO EVENT WILL Build.ca BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID BY YOU FOR THE PRODUCT PURCHASED ON THE Build.ca SITE GIVING RISE TO ANY CLAIM.

General

These Terms of Use represent the complete agreement between users of Build.ca and Build.ca with respect to your use of Build.ca, and supersedes all prior agreements and representations between them. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Build.ca to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit the rights of Build.ca with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under the laws of the province of Ontario and the federal laws of Canada applicable therein. Any action or proceeding arising out of or related to this Agreement or your use of this site will be subject to binding arbitration following rules established by the Canadian Arbitration Association. Any such action or proceeding shall be brought on an individual basis and shall not be consolidated with any dispute of any other party.