Claws & Hammers Website Terms of Use

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE CLAWS & HAMMERS WEB SITE (THE “SITE”).  BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND THAT YOU ACCEPT AND WILL BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT, DO NOT USE THE SITE.

THIS AGREEMENT MAY BE AMENDED FROM TIME TO TIME.  ACCORDINGLY, YOU SHOULD PERIODICALLY RE-VISIT THE SITE TO REVIEW THE THEN-CURRENT WEBSITE TERMS OF USE GOVERNING YOUR USE OF THE SITE.

definitions

“Advertisement” means any advertisement placed on this website by C&H and does not include the content of Postings.

“Agreement” means this Terms of Use agreement.

“C&H” means Claws & Hammers, its parent, subsidiary and affiliated companies, and its employees, officers, directors, and shareholders.

“Posting” means the entire content of a post placed on the Site, including advertisements and the content of web-links placed in a post.

Posting on Site

1.                  membership

1.1              Membership Required - In order to submit a Posting on this Site you must register for a membership account (your “Account”) and provide the required membership information.  All information that you provide in your membership registration must be truthful and accurate.  If any of your membership information changes after registration, you must update your Account to reflect theses changes as soon as possible.

1.2              Security - As part of membership registration you must provide a user ID and password.  Only you may submit Postings using your Account.  You must not provide your user ID or password to a third party and you must take reasonable steps to maintain the confidentiality and security of your Account and of your user ID and password.

 

1.3              Privacy - All membership information that you provide will be used by C&H in accordance with the C&H Privacy Policy.

1.4              Impersonation – Impersonation of others, including C&H or other employee, agent, host or representative of C&H, as well as other members or visitors to the Site, is prohibited.

2.                  Content of POstings

2.1              Purpose - You may only submit Postings on the Site, or otherwise use the Site, for the purpose of allowing persons selling or purchasing home renovation and construction products or services to discuss their experiences with those products or services.  Submitting Postings or otherwise using the Site for any other purpose is strictly forbidden.

2.2              Compliance with Agreement - You will comply with this Agreement, and with any other rules or guidelines that C&H may implement from time to time, regarding your use of your Account and any Postings you submit.

2.3              Restrictions on Use - Your Postings must not be, and you represent and warrant that your Postings will not be: (1) abusive, threatening, obscene, defamatory, or libellous; (2) fraudulent, deceptive, or misleading; (3) in violation of copyright, trade-mark or other intellectual property rights of another; or (4) otherwise unlawful or objectionable to C&H.  You confirm that your Postings are statements of your personal views and opinions, and not those of C&H or any other person.

2.4              Assumption of Liability - You understand and agree that you are solely responsible and liable for your Account, your Postings, your use of the Site, and any claims, damages, losses or expenses arising directly or indirectly therefrom.  You acknowledge that C&H is merely acting as a conduit for the distribution of Postings and is not undertaking any obligation or liability relating to any Postings or activities on the Site.

2.5              Indemnification - You agree to indemnify, defend and hold harmless C&H from all losses, expenses, damages and costs, including actual lawyer’s fees, resulting from any violation of this Agreement or any activity related to your Account by you or any other person accessing or using the Site using your Account.  In particular, but without limiting the generality of the previous sentence, you agree to indemnify C&H from all losses, expenses, damages and costs, including actual lawyer’s fees, resulting from any violation of this Agreement or resulting from any Posting from your Account that is: (1) abusive, threatening, obscene, defamatory, or libellous; (2) fraudulent, deceptive, or misleading; (3) in violation of copyright, trade-mark or other intellectual property rights of another; or (4) otherwise unlawful.

2.6              Right to Remove - C&H reserves the right, to be exercised in its sole discretion, to remove any Posting for any reason and at any time, but has no obligation to do so.

2.7              Grant of Licence - In consideration of allowing you to have an Account, place Postings, and otherwise use the Site, you agree to grant C&H a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right in and to your Postings, including the right to exercise the copyright and publicity rights the you have in your Postings, in any known or future media.

GENERAL USE of site

3.                  Minors

3.1              If you are under the age of 18, you may only use the Site under the supervision of your parent or guardian.

4.                  Proprietary Rights Notice

4.1              Except as expressly provided in this Agreement, you have no proprietary right, title or interest in or to your Account, your Postings, or the Site.  The Site and all content on or accessible through this Site, including Postings, Advertisements, data, artwork, logos, graphics, text, photographs, images, animation, videos, software design and code, web site design and architecture, audio clips and environments (collectively the “Proprietary Content”) is the property of C&H, and is protected by national and international copyright laws and other laws.  Site users are granted only a limited licence to access, display, download, print and reproduce reasonable portions of the Proprietary Content solely for their personal, non-commercial use, provided that the Proprietary Content is not modified and all proprietary notices on the Proprietary Content are kept intact.  Apart from the licensed rights, Site users may not reproduce, publish, translate, merge, sell, distribute, disassemble, reverse engineer, decompile, modify or create a derivative work of, the Proprietary Content, in whole or in part.

5.                  Content accessed by you

5.1              Disclaimers

5.1.1        Not Our Views - Postings and Advertisements do not necessarily reflect the views or opinions of C&H.  C&H assumes no responsibility or liability for any Posting or Advertisement, including but not limited to Postings and Advertisements that are: (1) abusive, threatening, obscene, defamatory, or libellous; (2) fraudulent, deceptive, or misleading; (3) in violation of copyright, trade-mark or other intellectual property rights of another person or entity; or (4) otherwise unlawful or objectionable.  In addition, C&H assumes no responsibility or liability and makes no warranties, express or implied, as to the accuracy and reliability of Postings and Advertisements.

5.1.2        No Affiliation - C&H is not affiliated with any individual, corporation, association, society or other business or entity that may author a Posting or is referred to in a Posting or on any advertisement on the Site.  C&H may post paid advertisements from third parties on the Site, but C&H does not endorse any other person, business or entity that is referred to in any Posting or on any advertisement on the Site, and does not provide any representations or warranties about the abilities or quality of service of any other person, business or entity.

5.1.3        Not Moderated - C&H does not moderate or review Postings before they are displayed on this Site.

5.1.4        Right to Remove - C&H reserves the right remove any Posting as set out in section 2.6 .

5.2              Removal Requests

5.1              Right to Request Removal - Any party may request, in writing as set out the below, that a Posting be removed from the Site on the grounds that the Posting is: (1) abusive, threatening, obscene, defamatory, or libellous; (2) fraudulent, deceptive, or misleading; (3) in violation of copyright, trade-mark or other intellectual property rights of another; or (4) otherwise unlawful or objectionable to C&H (any such request is a “Removal Request”).

5.2              No Obligation to Remove - C&H is not obligated to remove any Posting pursuant to a Removal Request, but may remove any Posting in its sole discretion pursuant to section 2.6 .

5.3              Contact Information – Removal Requests must be sent to C&H at support@clawsandhammers.com

6.                  Linking

6.1              Links to other Web Sites - C&H may provide links to other third-party web sites as possible resources or matters of interest.  The sites that are linked from the Site are not under C&H’s control.  C&H is not responsible for examining or evaluating any of these third parties or their web sites, and C&H does not assume responsibility or liability for their actions, products, services and web site content.  You should carefully review their privacy statements and terms of use.  All links are provided for convenience only; they are not an endorsement or referral by C&H.

GENERAL TERMS AND CONDITIONS

7.                  Limited Warranty and Disclaimer

7.1              DISCLAIMER OF WARRANTY - C&H MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE PROPRIETARY CONTENT. THIS SITE, AND ACCESS TO ANY LINKED SITE, IS PROVIDED TO YOU BY C&H "AS IS" AND "AS AVAILABLE", WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. C&H DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT.  C&H DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE SITE, THE PROPRIETARY CONTENT, OR ANY OTHER SITE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.  YOU HEREBY DISCLAIM ALL WARRANTIES BY C&H RELATING TO YOUR USE OF THE SITE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE SITE AND THE INFORMATION THEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SITE-RELATED SERVICES.

7.2              LIMITATION OF LIABILITY - UNDER NO CIRCUMSTANCES WILL C&H BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR USE OF THE SITE, THE PROPRIETARY CONTENT, OR THE CONTENT OF ANY POSTING OR ADVERTISEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR PROPRIETARY CONTENT IS TO CEASE ALL OF YOUR SITE USE. YOU RELEASE C&H (AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES) FROM ALL CLAIMS, ACTIONS, LIABILITIES AND DAMAGES OF EVERY KIND AND NATURE RELATING TO ANY RISKS DESCRIBED IN THIS AGREEMENT.  You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

8.                  Jurisdiction

8.1              The laws in force in the province of British Columbia, Canada, will govern this Agreement and any claims you make against C&H.  You agree that any action at law or in equity arising out of or relating to this Agreement or the Site and any claims you make against C&H, will be filed only in the courts located in the province of British Columbia, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating such action.

9.                  Severance

9.1              If any of these terms or conditions of this Agreement is unlawful, void or unenforceable, then that term or condition is severable and will not affect the validity and enforceability of the remaining terms and conditions of this Agreement.

10.              Assignment

10.1          C&H may assign any or all of its rights and obligations under this Agreement to any party without your consent.  You are not entitled to assign your rights or obligations under this Agreement, and any purported assignment by you will be null and void.

11.              Modification of Agreement

11.1          Amendment - C&H may amend this Agreement at any time in its sole discretion.  Accordingly, you should periodically re-visit the Site to review the then-current Website Terms of Use governing your use of this Site.

11.2          Other Contracts - Certain portions of this Agreement may be superseded by terms of other contracts between you and C&H.

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