Terms of Use

Last Updated: October 2004

This is a legal agreement (the "Agreement") between you and Ledalite Architectural Products ("Ledalite") stating the terms and conditions under which you may access and use any website or webpage operated by Ledalite (collectively, the "Site"). By accessing or using the Site in any way you agree to and are bound by this Agreement.

Ledalite reserves the right to change this Agreement at any time without prior notice to you. In such an event, your continued use of the Site constitutes your acceptance of any and all changes to the Agreement. The most current version of the Agreement can be reviewed by clicking on the "Terms of Use" hypertext link located at http://www.ledalite.com/

Restricted Features

To access or use certain features of the Site (each, a "Restricted Feature" and collectively, the "Restricted Features"), you may be required to supply personally identifying information and supply or obtain a username and password (the "Account Details"). You agree to provide true, accurate, current and complete information about yourself as prompted by any registration form, and to maintain and promptly update the information you provide to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your Account Details, and are responsible for all activities that occur under your account. You agree to notify Ledalite immediately of any unauthorized use of your Account Details or any other breach of security, and to ensure that you exit from your account at the end of each session. Ledalite cannot and will not be liable for any loss or damage arising from Ledalite’s failure or your failure to protect your Account Details.

Prohibited Activities

You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, transfer, license, sell, reverse engineer, create derivative works based on, or use for any commercial purpose any of the information, documents, files, text and graphics contained in the Site (the "Content"), or the selection and arrangement of the Content. You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. You agree not to use or access this Site for any purpose that is unlawful, or in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use and enjoyment of this Site. You agree not to attempt to gain unauthorized access to any Restricted Feature by hacking, password "mining", misrepresenting your identity, or any other illegitimate means.

Links to Third Party Websites

The Site may contain links to websites controlled by third parties. These links are provided solely as a convenience to you and not as an endorsement by Ledalite of the contents of such third party websites.

Privacy

Ledalite's Privacy Statement is made a part of this Agreement by reference, and can be viewed by clicking here.

Proprietary Rights

The Site, the Content, and the selection and arrangement of the Content are protected by copyright, trademark, patent, and/or other intellectual property laws. All proprietary rights are expressly reserved.

Disclaimer of Warranties

The Site and the Content are provided "as is", and you acknowledge that your use of the Site is entirely at your own risk. Ledalite disclaims any and all warranties or conditions, express, statutory and implied, with respect to the Site or the Content or any third party sites linked to the Site, including without limitation warranties as to merchantability, title, operation, non-infringement, usefulness, completeness, accuracy, reliability and fitness for a particular purpose. Further, Ledalite does not represent or warrant that the Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.

Limitation of Liability

In no event shall Ledalite, its officers, directors, employees, affiliates, agents, service providers or suppliers (each, a "Ledalite Party" and collectively, the "Ledalite Parties"), be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from your use of or inability to use the Site or the Content or any third party websites linked to the Site, even if such Ledalite Party has been advised or ought to have known of the possibility of such damages, and without regard to whether the damages arise from breach of contract, breach of warranty, negligence, or any other cause of action. If you are dissatisfied with the Site, the Content, or any part of this Agreement, your sole and exclusive remedy is to discontinue using the Site. If any portion of this limitation is found to be invalid or unenforceable for any reason, then in no event shall any Ledalite Party be liable for damages in excess of one hundred Canadian dollars.

The disclaimers and limitations contained in this Agreement apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law.

Termination or Suspension

Ledalite may terminate this Agreement, or terminate or suspend your access to the Site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Site will immediately cease and any information you have stored on the Site may not be retrieved later.

Governing Law

The Site is administered by Ledalite from its offices in the Province of British Columbia, Canada. The Site will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the jurisdiction of the courts of the Province of British Columbia. You submit to the exclusive jurisdiction of the courts of the Province of British Columbia to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

General Terms

Any consent by Ledalite to, or waiver of, a breach of this Agreement that you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. In the event that any provision of this Agreement is determined to be unenforceable or invalid by a court of competent jurisdiction, such determination shall not affect the validity and enforceability of any other remaining provisions.

Except for any written agreements with Ledalite that expressly reference this Agreement, this is the entire Agreement between you and Ledalite relating to the matters contained herein, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Ledalite with respect to the Site. Ledalite may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign or transfer this Agreement or any right or obligation hereunder.