COMMERCIAL FIRE AND SAFETY WEBSITE TERMS AND CONDITIONS OF USE

Welcome to the Commercial Fire and Safety Website (the “Website”), operated by Commercial Fire and Safety Inc.  (“we”, “us” or “CFS”) for the purpose of providing information about CFS and its products and services. Any person who wants to use the Website (individually, a “User”, “you”, and collectively, “Users”) must accept these terms and conditions of use (“Terms of Use”). Please read the Terms of Use carefully. 

BY ACCESSING OR USING THE WEBSITE, USER ACKNOWLEDGES HAVING READ AND ACCEPTED THESE TERMS OF USE.  IF USER DOES NOT AGREE WITH ALL OF THESE TERMS OF USE, USER MUST NOT ACCESS OR USE THE WEBSITE.  

We reserve the right to change these Terms of Use at any time. Any such changes will be effective upon posting of a new or modified version of the Terms of Use on our Website. User’s access and use of the Website will be subject to the then current version of the Terms of Use or any other policy or guideline posted or referenced on the Website at the time of such access or use. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUTE USER’S ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, YOU MUST IMMEDIATELY STOP USING THE WEBSITE.

1. PRODUCTS, CONTENT AND SPECIFICATIONS

⦁ Statements and information on the Website about products and services are provided for information purposes only and do not constitute representations, warranties or conditions, express or implied, statutory or otherwise concerning such products or services. All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, provincial, federal and international laws (including fire safety legislation) in regard to the possession, use and sale of any item purchased from the Website. By placing an order, you represent that the products and services ordered will be used only in a lawful manner. 

1. TERMS AND CONDITIONS OF SUBSCRIPTION

⦁ All sales made on the Website are subject to the master subscription agreement (“MSA”) in effect at the time of the sale. By placing an order on the Website, you acknowledge that you have reviewed and understand the MSA in effect at the time of the sale and it applies to your purchase. You should review the MSA before you renew a subscription as the MSA is subject to change and it is the MSA that is in effect at the time of renewal that that will apply to the sale.

⦁ After you have entered into a MSA, your use of the Website in respect of the CFS subscription-based products, services, solutions, applications, tools and platforms made available by CFS online on the terms and conditions of the MSA will be governed by the MSA applicable to such products, solutions, applications, tools and platforms.

1. OWNERSHIP AND COPYRIGHT OF WEBSITE CONTENT, TRADEMARKS AND DOMAIN NAMES

All materials used or displayed on our Website, including text, graphics, logos, icons, pictures, illustrations, artwork, audio or video clips, underlying HTML, software codes, meta-tags as well as the collection, arrangement, and assembly of such materials (collectively, “Website Content”), are either owned or used under license by CFS or CFS is authorized to use or reproduce the Website Content by the holder of all rights thereto. The Website Content is protected by copyright, trademark or other applicable laws. You are hereby authorized to display the Website Content on your computer in a web browser as part of the expected and ordinary use of the Website.  You may not copy or use the Website Content in any other manner or for any purpose.  In particular, you may not 

(i) modify, sell, reproduce, distribute, retransmit, publish, display, prepare derivative works based on, re-post or otherwise use any of the Website Content or underlying ownership rights or copyrights without the prior written consent of CFS; or 

(ii) remove or alter any visible or non-visible identification, marks, notices, or disclaimers. 

In the event that User wishes to use the Website Content for purposes other than personal use as set out above, or to modify the Website Content, please contact us by sending an e-mail to info@commercialfireandsafety.com .

Commercial Fire and Safety and C20/20 trademarks and logos and trademarks appearing on our Website are trademarks either owned by or licensed to CFS (the “Trademarks”). The Website may also contain other trademarks owned or controlled by third parties (“Third Party Marks”). User’s use of and the content of the Website should not be construed as granting, by implication or otherwise, any license to use the Trademarks or Third Party Marks without the prior written consent of the owner or owners of the Trademarks and Third Party Marks. 

User may not frame or utilize framing techniques to enclose any Website Content, Third Party Content, Trademarks, the Website domain names, and Third Party Marks or other proprietary information without our written consent. User may not use any meta-tags or any other “hidden text” utilizing our name, the Trademarks or the Third Party Marks without our express written consent or the express written consent of the owners of the Third Party Marks, as the case may be.

1. USE OF WEBSITE

User agrees to use the Website for lawful purposes only. 

User will not use the Website, or allow others to use the Website, to: 

(i) purchase products in violation of applicable law;

(ii) download, e-mail, post, make available, provide access, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any materials which encourage conduct that would constitute a criminal offence or incur civil liability, infringe others’ intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate any applicable local, provincial, national or international law; 

(iii) e-mail, post, make available, provide access, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; 

(iv) upload, e-mail, post, make available, provide access, or otherwise transmit on the Website any material that contains software viruses, worms, “Trojan Horses”, or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment (“Disabling Code”); 

(v) interfere with or disrupt the Website or servers or networks connected to the Website, including attempting to interfere with the access of any other user, host or network, including, overloading, engaging in “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Website or disobeying any requirements, procedures, policies or regulations of networks connected to the Website; 

(vi) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; or 

(vii) collect, use, store or disclose personal information about other Users. 

User agrees not to access the Website from any territory where its access, use or content is illegal. User agrees that CFS is not responsible for compliance with applicable laws, whether domestic or foreign. 

1. WEBSITE PRIVACY POLICY

By accessing the Website, you acknowledge that you have reviewed and understand CFS’s Website Privacy Policy (“Privacy Policy”) governing the collection, use, storage and disclosure of User’s personal information. You agree (i) to provide accurate, current, and complete information about yourself as may be prompted by the registration process and any other forms (collectively, “Registration Data”); (ii) to maintain the security of your password and identification; (iii) to maintain and promptly update Registration Data and any other information you provide to us; (iv) not to sell, transfer, or assign your account; and (v) to be fully responsible for all use of your account and for any actions that take place using your account.

1. MODIFICATIONS TO THE WEBSITE

CFS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Website and to restrict or prohibit access to it, without notice. User agrees that we shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Website. CFS reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice, but confirms that it has no obligation to do so. 

1. HYPERLINKS 

The Website may contain hyperlinks to websites operated by parties other than CFS. These hyperlinks do not imply any endorsement by CFS of or any affiliation with or endorsement by CFS of the hyperlinked website. User’s access and use of such third party sites, including any information, material, products and services therein, is solely at User’s own risk.  

1. COOKIES

⦁ The Website uses “cookies”, a technology that saves information on your computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. For example, the information provided through cookies is used to recognize you as a previous user of the Website, to track your activity within the Website in order to respond to your needs, to offer personalized content and information for your use, and to otherwise facilitate your Website experience. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Website and your ability to access certain features of the Website. If you do not agree with the Website’s use of cookies and your browser does not enable you to decline cookies, then you must not use the Website.

1. DISCLAIMER

THE WEBSITE, THE WEBSITE CONTENT AND THIRD PARTY CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. 

THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CFS MAKES NO PROMISES ABOUT THE SECURITY, RELIABILITY, TIMELINESS, CORRECTNESS OR ACCURACY OF THE WEBSITE OR ITS CONTENTS OR ITS SUITABILITY FOR ANY PURPOSE WHATSOEVER. 

To the extent permitted by law there are no, and CFS excludes all, representations, warranties and conditions, express or implied, statutory or otherwise, including any representations, warranties or conditions of merchantable quality, fitness for a particular purpose and non-infringement.  

1. LIMITATION OF LIABILITY

IN NO EVENT, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), AS A RESULT OF BREACH OF WARRANTY, STRICT LIABILITY, INDEMNITY, OR UNDER ANY OTHER THEORY OF LIABILITY WHATSOEVER, WILL CFS, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, CONSULTANTS AND ADVISORS (COLLECTIVELY, THE “CFS PARTIES”) BE LIABLE FOR:

(1) ANY DAMAGES CHARACTERIZED AS LOSS OF PROFITS, LOSS OF INCOME, LOSS OF REVENUES, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION OR FAILURE TO REALIZE UNEXPECTED SAVINGS; OR 

(2) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER;

EVEN IF THE CFS PARTIES OR ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON OR EXCLUSIONS OF EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS PROVIDED FOR IN THESE TERMS OF USE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS AS PROVIDED BY LAW.

1. INDEMNIFICATION

User is responsible and liable for: (a) any breach of User’s representations, warranties, covenants or obligations under these Terms of Use and for the consequences of such breach, including any resulting loss or damage incurred by the CFS Parties; (b) any and all activities that occur under registration to the Website; and (c) any and all actions and omissions by User.

User hereby agrees to indemnify, defend and hold harmless the CFS Parties from and against any claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting from: (i) use or access by User or any person accessing the Website, the Website Content or the Third Party Content on behalf of or through User; or (ii) violation of these Terms of Use by any such persons. User will assist and co-operate as fully as reasonably required by the foregoing parties in the defense of any such claim or demand.

1. APPLICABLE LAW

These Terms of Use will be governed by the laws of the Province of Ontario and the Federal laws of Canada applicable therein. Any dispute between CFS and User arising from, connected with or relating to the Website, these Terms of Use, or any related matters must be resolved exclusively before the courts of Ontario, Canada, and User irrevocably submits and consents to the exclusive jurisdiction of those courts in respect of all such disputes. CFS and User hereby waive a jury trial in any action, proceeding or claim arising from or in connection to this agreement, except where prohibited by applicable law.

1. ENTIRE AGREEMENT

These Terms of Use include and incorporate by reference all notices, policies, disclaimers and other terms and conditions contained on the Website, including the Privacy Policy (collectively, the “Additional Terms”).  These Terms of Use, including the Additional Terms, as they may be amended from time to time, constitute the entire agreement between User and CFS relating to access and use of the Website as set out in Section 2 above and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties with respect to such subject matter. These Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on the Website. 

1. ASSIGNMENT

User may not assign or otherwise transfer its rights, duties or obligations hereunder. 

1. SEVERABILITY

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

1. NO WAIVER

CFS will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use. 

1. TERMINATION

These Terms of Use are effective until terminated or replaced by CFS, with or without cause, in our sole and exclusive discretion. CFS may refuse to grant User access to the Website if User fails to comply with any of the Terms of Use. We also reserve the right to terminate or suspend User’s access and use of the Website or any portion thereof at any time, for any reason, with or without cause. Any such termination by us shall be in addition and without prejudice to such rights and remedies as may be available to us, including injunction and other civil or equitable remedies or relief. If these Terms of Use or User’s permission to access or use the Website are terminated for any reason, then (a) these Terms of Use will nevertheless continue to apply and be binding upon User, in respect of prior access to or use of the Website and anything connected with, relating to or arising therefrom. Should User wish to terminate the Website account, please notify us by e-mail at info@commercialfireandsafety.com .

Sections 1, 2, 3, 7, 8, 9, 10, 11 12, 16, 17, 19 and 20 of these Terms of Use shall survive the termination or expiry of these Terms of Use. 

1. RIGHTS

All rights not expressly granted herein are reserved. 

1. LAST UPDATE

These Terms of Use were last updated on January 25, 2020.

1. HEADINGS

The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect. 

1. INTERPRETATION

⦁ In the Terms of Use, unless something in the subject matter or context is inconsistent therewith or unless otherwise herein provided: 

⦁ a reference to any applicable law is to that applicable law as now enacted or as the same may from time to time be amended, re-enacted or replaced;

⦁ the term “provision” includes terms, conditions, covenants, agreements, representations, warranties and other provisions; 

⦁ words or abbreviations that have well known technical, industry or trade meanings are used herein in accordance with their recognized meanings; 

⦁ the terms “hereof”, “hereunder” and similar expressions refer to these Terms of Use and not to any particular section or other portion hereof; 

⦁ where the word “including” or “includes” is used in these Terms of Use, it means “including (or includes) without limitation”; and

⦁ words importing the singular include the plural and vice versa and words importing gender include all genders.

1. CONTACT

Questions, comments or any violations reports should be sent to CFS by e-mail to: 

info@commercialfireandsafety.com