Welcome to the UnitiWall Corporation website! These website terms and conditions of use for unitiwall.com constitute a legal agreement and are entered into by and between you and UnitiWall Corporation (“UnitiWall,” “Company,” “we,” “us,” “our“). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms“), govern your access to and use of, including any content, functionality, and services offered on or through unitiwall.com (the “Website“).
By using this Website, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
1. Modifications to the Terms and to the Website
We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
Your access to and use of the Website is subject exclusively to these Terms. You will not use the Website for any purpose that is unlawful or prohibited by these Terms. By using the Website, you are fully accepting the terms, conditions and disclaimers contained in these Terms.
3. Security and Viruses
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk and your use of our Website demonstrates your assumption of this risk.
We have taken reasonable steps to ensure that the Website is free of computer viruses and other harmful components. Nevertheless, you should install and maintain appropriate anti-virus and other protective software on the devices from which you access and use the Website. Without limiting any other part of these Terms, we disclaim all liability for any computer viruses or other harmful or destructive programs that you may download from the Website.
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
We respect our users’ personal privacy. You may use the Website without providing any personal information about yourself other than such personal information as you may specifically and knowingly provide (for example, to complete a purchase transaction).
We may collect and maintain statistics relating to the number of visits to the Website, the types of browsers used to access the Website, the Internet Protocol addresses of computers accessing the Website, and similar non-identifiable information. This information is only used for internal purposes.
5. Proprietary Rights
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement (collectively, the “Content“), are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Company name, the UnitiWall trademark, the Thermal Plenum trademark, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
(a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
(b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
(c) one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads.
Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy, or download any part of our Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
6. Based in Canada
UnitiWall operates the Website from Canada, and makes no representation that the Website or the Content are appropriate or available for use in any particular jurisdiction. Those who access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any sites that are linked to from our Website are not under our control, and you access them at your own risk. We do not assume any responsibility or liability for these linked sites or their contents. We provide all such links for your convenience only; they are not an endorsement or referral by us.
If you wish to provide a link to the Website from your own web site, you may only link to our home page at <www.unitiwall.com>. You may not use any of our icons or logos on your web site without our prior written approval, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated with you or your web site.
We may add new features to the Website, remove existing features from the Website, or otherwise modify the Website and the Content (including their functionality, “look-and-feel”, universal resource locators and software components), all without notice to you.
9. Events Outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or any purchase contract that is caused by events outside our reasonable control.
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, This Website and the Content are provided “as is” and “as available” and without representations or warranties of any kind, whether express, implied or statutory.
YOU ACCESS AND USE THE SITE AND OUR CONTENT AT YOUR OWN RISK.
To the fullest extent permissible by applicable law, UNITIWALL disclaims all representation and warranties, whether express, implied or statutory (including any warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement). UNITIWALL does not represent or warrant that functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components.
The information and Content contained on the Website ARE prepared by UNITIWALL and ARE believed to be accurate, but ARE provided for informational purposes only. UNITIWALL does not warrant or make any representations regarding the use or the results of the use of any Content in terms of completeness, correctness, accuracy, reliability, usefulness, timeliness, reliability or otherwise.
You acknowledge that your access to and use of the Website and the Content will not be free of interruptions, that the Website and the Content may contain bugs, errors, inaccuracies or other limitations, and that the Website may be unavailable from time to time. You assume total responsibility and risk for your access to and use of the Website and the Content.
APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS SET OUT ABOVE MAY NOT APPLY TO YOU.
11. Limitation of Liability and Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, UNITIWALL and its officers, directors, employees, MANDATARIES and representatives will not be liable to you or any other party for
(a) ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES; OR
(b) LOST PROFITS, BUSINESS, REVENUE, OPPORTUNITIES OR CUSTOMERS; BUSINESS INTERRUPTIONS; LOSS OF OR DAMAGE TO DATA; LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL,
arising directly or indirectly from your use of (or your inability to use) the Website or the Content, including your use or reliance on any information or other Content contained on the Website; any inaccuracy or omission in any information or other Content contained on the Website, OR your use of or reliance on any third-party websites linked to the Website.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, You release UNITIWALL and its officers, directors, employees, MANDATARIES and representatives from all claims, actions, liabilities and damages of any kind relating to or arising from your access to and use of (or your inability to access and use) the Website or the Content.
If, despite the limitations set out above, UNITIWALL becomes liable to you resulting from your access to and use of (or your inability to access and use) the Website or the Content or otherwise under these Terms, that liability will be limited to the GREATER OF: (i) the amounts received by us from you FOR PRODUCTS in the 6 months immediately preceding the event giving rise to liability; AND (ii) CAD$50.
APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE LIMITATIONS SET OUT ABOVE MAY NOT APPLY TO YOU.
As a condition of your access and use of the Website, you agree that you may use the Website only for lawful purposes and in accordance with these Terms. Whenever you access, use or otherwise deal with the Website, in addition to these Terms you must comply with all:
(a) applicable laws, including privacy laws;
(b) acceptable-use policies and other policies that we implement with respect to the Website from time-to-time, as posted on or made available through the Website; and
(c) other rules, policies and procedures we communicate to you from time to time.
UnitiWall has the right, without provision of notice, to:
(a) take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website; and
(b) terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms.
We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
13. Prohibited Activities
You will not use the Website for any purpose that is unlawful or prohibited by these Terms. In addition to, and without limiting, any other prohibitions set out in these Terms, you may not do any of the following when accessing or using the Website:
- use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website;
- engage in harassment in any manner, including via e-mail, chat, or by use of obscene, offensive or abusive language (as determined by us in our sole discretion);
- impersonate others, including a UnitiWall employee or representative, or other members or visitors to the Website;
- upload to, distribute or otherwise publish any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law;
- upload any commercial content or solicit others to join or become members of any other online service or other organization;
- transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation
- circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of the Website or any hardware or software used to provide the Website, or third party hardware, software or services;
- conduct any activities that involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
- cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
- promote any illegal activity, or advocate, promote, or assist any unlawful act; or
- collect users’ or our content or information or otherwise access the Website using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You agree to indemnify and hold harmless UnitiWall and its directors, officers, shareholders, employees, affiliates and representatives from and against all losses, expenses, damages and costs (including actual legal expenses as billed) resulting directly or indirectly from any violation of these Terms or any activity of yours related to the Website.
15. Other Agreements
If there is any conflict between these Terms and any other written and fully-signed agreement between you or your business and UnitiWall, the latter agreement will prevail.
16. Choice of Law Jurisdiction
Except where prohibited by law, these Terms, your access to and use of the Website and the Content, and any claims made against UnitiWall or its directors, officers, employees and representatives, arising out of such access or use or otherwise, will be governed by and construed and interpreted in accordance with the laws of the Province of Ontario (including federal laws applicable in Ontario), without reference to Ontario’s conflict of law rules.
Except where prohibited by law, you agree that exclusive jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Website will be in the Ontario courts sitting in Toronto, Ontario. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
The UN Convention on Contracts for the International Sale of Goods will not apply to these Terms.
If any part of these Terms is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining Terms. No delay or failure to act by UnitiWall will impair any of UnitiWall’s rights or remedies that are not expressly waived in writing. UnitiWall will not be liable for any delay or damage caused as a result of any event beyond its reasonable control.
The parties have expressly agreed that this agreement and also ancillary agreements, documents or notices related thereto be drafted solely only in English. Les parties aux présentes ont expressément convenus que cet accord et tout autre convention, documents soit rédigé en anglais seulement.
19. Contact Information
For any further information, please contact us at:
2520 Haines Road, Mississauga, Ontario L4Y 1Y6, Canada