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WOLSELEYEXPRESS.COM TERMS OF USE (Last Updated October, 2018)
Welcome to WolseleyExpress.com. This site is provided by Wolseley Canada Inc. (“Wolseley Canada”)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 WolseleyExpress.com 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 WolseleyExpress.com still binds you to these Terms of Use. Wolseley Canada reserves the right to update or modify these Terms of Use at any time without prior notice. Your continued use of WolseleyExpress.com 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.
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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 Wolseley Canada 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 Wolseley Canada and protected by Canadian and international copyright laws. All software used on this site is the property of Wolseley Canada Inc. or its software suppliers and protected by Canadian and/or international copyright laws.
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“My Business” Features
WolseleyExpress.com offers certain features under its “My Business” module, which features may permit account users to generate quotes and invoices for its customers using WolseleyExpress.com product data (“My Business Service”). The My Business Service is an internet-based software service and your access to and usage of the My Business Service is governed by these Terms of Use. All of your data, logos and other proprietary content that you upload to the My Business Service (“Customer Data”)remains your property. You grant Wolseley Canada the right to use and display the Customer Data solely to you (including authorized users of your account) for purposes of providing you with the My Business Service. . Subject to these Terms of Use, Wolseley Canada Inc. grants users of the My Business Service a non-exclusive, nontransferable, terminable license to interact with the My Business Service only for the purposes permitted by it. As Wolseley Canada provides access to the My Business the My Business Service is provided on an ‘AS IS’ and ‘WHEN AVAILABLE’ basis. Wolseley Canada has no liability to you as a result of any change, temporary unavailability, suspension, or termination of access to the My Business Service. You are solely responsible and liable with respect to any of the uses of the My Business Service, which occur under your account, and for any of your Customer Data. Wolseley Canada is not responsible to any third party to whom you may issue any quote, invoice or other form you may generate using the My Business Service and does not guarantee that any template document is complete, accurate or sufficient to create a legally binding relationship with you and any third party. You are solely responsible for ensuring that the Customer Data provides any necessary information, terms or conditions that you wish to enforce against any third party. WOLSELEY CANADA DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE MY BUSINESS SERVICE. WHILE WOLSELEY CANADA TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE MY BUSINESS SERVICE, WOLSELEY CANADA DOES NOT GUARANTEE THAT THE MY BUSINESS SERVICE CANNOT BE COMPROMISED. YOU UNDERSTAND THAT THE MY BUSINESS SERVICE MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.
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The software, workflow processes, user interface, designs, know-how, and other technologies provided by Wolseley Canada as part of WolseleyExpress.com are the proprietary property of Wolseley Canada and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with Wolseley Canada. You may not remove or modify any proprietary marking or restrictive legends on WolseleyExpress.com and/or in the My Business Service. Wolseley Canada 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 WolseleyExpress.com and/or the My Business Service or use it in a service provider capacity to any third party; (ii) use WolseleyExpres.com and/or the My Business Service 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 WolseleyExpress.com and/or the My Business Service; (iv) attempt to gain unauthorized access to WolseleyExpress.com and/or the My Business Service or its related systems or networks; (v) reverse engineer the services provided by WolseleyExpress.com including the My Business Service; or (vi) access WolseleyExpress.com and/or the My Business Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.
Cookies and Electronic Data
Wolseley Canada 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 Wolseley Canada 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 Wolseley Canada or its affiliates (“Third Party Sites”), including, but not limited to certain of its suppliers, all of which are provided for your reference only. Wolseley Canada 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 Wolseley Canada 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 Wolseley Canada with the owner or operator of Third Party Site; or (ii) any authorization of Wolseley Canada to use any copyright, trademark, logo, trade name or other legally protected material that may appear in the Third Party Sites.
Disclaimer
WOLSELEYEXPRESS.COM IS PROVIDED BY WOLSELEY CANADA ON AN "AS IS" AND "AS AVAILABLE" BASIS. WOLSELEY CANADA 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, WOLSELEY CANADA 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, WOLSELEY CANADA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WOLSELEYEXPRESS.COM SITE, 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 WOLSELEY CANADA 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 WOLSELEY CANADA BE LIABILE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID BY YOU FOR THE PRODUCT PURCHASED ON THE WOLSELEYEXPRESS.COM SITE GIVING RISE TO ANY CLAIM.
General
These Terms of Use represent the complete agreement between users of WolseleyExpress.com and Wolseley Canada with respect to the use of the WolseleyExpress.com site, 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 Wolseley Canada 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 Wolseley Canada with respect to such breach or any subsequent breaches. This Agreement 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.