2. PROPRIETARY RIGHTS
The trademarks, service marks, logos, slogans and Internet domain names on the Website are the exclusive property of Lydale Construction or its licensors. Use of any such intellectual property, except as expressly authorized, shall constitute a violation of the rights of the owner of the intellectual property.
Copyright Notice: Copyright 2004 Lydale Construction (1983) Ltd. All rights reserved.
3. PERMITTED USES
You agree that you shall:
a. not copy, reproduce, republish, upload, post, transmit, or distribute the Materials from the Website in any way except that you have the right to download one copy of the Materials on any single computer, for your personal, non-commercial use only, provided that you keep intact all copyright, trade-mark and proprietary notices;
b. use the Materials solely for lawful purposes;
c. not create derivative works from, exploit or modify the Materials in any way;
d. not interfere with the security of, or otherwise abuse the Website or any system resources, services or networks connected to or accessible through this Website; and
e. acknowledge that the unauthorized use of the Materials may cause irreparable harm to Lydale Construction and that in the event of an unauthorized use, Lydale Construction shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with Lydale Construction.
4. NO ENDORSEMENT OF THIRD PARTIES
Lydale Construction may provide links to Internet websites of third parties for your convenience only. Because Lydale Construction has no control over such websites and resources therein, you acknowledge and agree that Lydale Construction is not responsible for the availability of such websites or resources, does not endorse and is not responsible or liable for any content, products or services or other materials or information on or available from any such websites. You acknowledge and agree that you access such websites at your own risk. You further acknowledge and agree that Lydale Construction shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services other materials or information on or available through any such websites.
5. PERSONAL INFORMATION
Although Lydale Construction’s business requires that Lydale Construction collect personal information about our customers, we take reasonable measures to ensure the privacy and confidentiality of that information. Lydale Construction collects, maintains and uses personal information in order to provide products and services that best meet the needs of our customers. In doing so, we respect the privacy of our customers and recognize the need to reasonably safeguard their confidential information in our possession. We reasonably maintain the confidentiality of any personal information that customers provide to us. In handling customers’ confidential information, Lydale Construction endeavors to keep customer information current and accurate and to safeguard it from unauthorized access. Except as required by law, Lydale Construction does not disclose customer information to third parties. By entering your personal information on this website, you consent to our collection, use and disclosure of such information for the foregoing purposes.
Lydale Construction assumes no responsibility and shall not be liable to you or to any other party for any damages to or any viruses, “Trojan horses”, “worms”, “cancelbots” or other harmful, disruptive or destructive files or computer programs that may infect your computer equipment or other property on account of your access to, use of or browsing on the Website or your downloading of any the Materials from the Website.
7. E-MAIL COMMUNICATION
You may contact Lydale Construction through the Website by e-mailing Lydale’s webmaster. You acknowledge and agree that the Internet is not a fully secure medium and that any e-mail messages sent may be lost, intercepted or altered. Lydale Construction is not liable for any damages arising from e-mail messages sent to us on the Website. With respect to any information and materials provided to Lydale Construction through the Website, you acknowledge and agree that:
a. the information and materials become the property of Lydale Construction and are not confidential; and
b. Lydale Construction has no obligation regarding such information and materials and may use, reproduce and disclose the same for any purpose.
8. INFORMATION COLLECTED AND STORED AUTOMATICALLY
When you browse our website, you and your web browser may also transmit information that we automatically collect. We do log your IP address (the Internet address of your computer), the web pages you visit and the time of your visit, and other click-stream data. This information may be combined with other personal information you have provided. The only other type of information automatically provided to us is the type of computer, operating system and browser you are using. This information is provided by your browser, which we use to improve the performance of our site.
We may also place small data files, called “cookies,” in the browser file of your computer’s hard drive. These cookies automatically identify your browser to our server whenever you interact with the website. We use the cookies to record website statistics. Most browsers automatically accept the cookies, but you usually can change your browser setting to prevent the acceptance of cookies. Certain web pages may not function properly if you choose not to accept cookies.
9. NO REPRESENTATION OR WARRANTY
THIS WEBSITE AND ALL MATERIALS ON THIS WEBSITE OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, NON-INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
10. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE MATERIALS CONTAINED THEREIN. IN NO EVENT WILL LYDALE CONSTRUCTION, ITS AFFILIATES, SUBSIDIARIES, AGENTS, LICENSORS, PARNTERS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AGGRAVATED, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOSS OF OPPORTUNITY, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE OR LOSS OF SAVINGS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, WHETHER IN AN ACTION IN CONTRACT OR TORT INCLUDING NEGLIGENCE, OR BASED ON A WARRANTY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE.
You agree at all times to indemnify, defend and hold harmless Lydale Construction and its affiliates, subsidiaries, agents, licensors, suppliers, and their respective directors and employees against all actions, claims proceedings, costs, demands, damages and liabilities whatsoever sustained, incurred or paid by Lydale Construction directly or indirectly in respect of:
a. any information, materials or other content you provide on or through the Website; or
b. your, or any party that you are responsible for or who accesses or uses the Website as a result of you, use or misuse of the Materials or the Website, including, without limitation, infringement claims.
b. The Website is controlled, operated and administered by Lydale Construction from within the Province of Saskatchewan, Canada. The Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Saskatchewan, by accessing the Website, you acknowledge and agree that all matters relating to access to, or use of the Website shall be governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of Saskatchewan and acknowledge that you do so voluntarily and are responsible for complying with local laws excluding conflicts of laws principles therein.
c. Lydale Construction’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
g. All rights not expressly granted herein are reserved.