TERMS OF USE (“Terms of Use”)

LAST UPDATED ON DECEMBER 5th, 2022.

LEGAL NOTICE

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and TECHO-BLOC INC., TECHO-BLOC CORP, TECHO-BLOC MIDWEST and all of their subsidiaries (“Techo-bloc Group”, “we”, “us” or “our”), concerning your access to and use of any Techo-Bloc Group platform, including the website https://www.techo-bloc.com/ as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto, including the e-platform (collectively, the “Site”). You agree that by accessing the Site, you are deemed to have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.  

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. You acknowledge that we can, in our sole discretion, make changes or modifications to the Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of the Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review the Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site. 

INTELLECTUAL PROPERTY RIGHTS 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in Canada, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. 

USER REPRESENTATIONS 

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 

USER REGISTRATION 

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. You acknowledge that we can remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. 

If your credentials may have been compromised, you are responsible for contacting us for changing your password as soon as possible and notifying us of a possible breach. 

PRODUCTS 

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. You acknowledge that we can discontinue any products at any time for any reason. Prices for all products are subject to change. 

PURCHASES AND PAYMENT 

We accept the following forms of payment: 

  • MSTS 
  • Credit card 

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. Payments will be in the currency of your country: Canadian dollars for Canadian addresses, and US dollars for US addresses. 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order or between the time the order is placed and delivery. 

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. Also, you understand that, when ordering via our Site, product, freight and all other charges (pallets, splitting, taxes, other misc. charges) may be estimated. Pricing is final only after you have received your invoice and any/all pricing discrepancies are superseded by your signed pricing agreement. 

Please note that all transport-related costs are based on shipping location, destination, quantity of product being shipped and equipment type being used for shipping. Fuel surcharge may apply and change throughout the year depending on changes in diesel fuel prices and other transport-related costs. In the event that you have an account with us, charges may be applied to your account; otherwise, payment may be accepted via a valid credit card or other credit solution services when applicable. 

You recognize that we may request advance payment or payment at any time between the time the order is placed and shipped. 

You acknowledge that we can refuse any order placed through the Site. Also, we can cancel your order or scheduled shipment at any time should a payment have not been made in full or if we have reason to believe that your financial situation is precarious. We may, in our sole discretion, limit or cancel quantities purchased per entity or person or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. 

In the event of non-payment, you irrevocably authorize us to enter all your premises in order to recover the products for which payment is overdue. 

PROHIBITED ACTIVITIES/RESTRICTIONS

You may not access or use Our Website for any purpose other than that for which we make Our Website available. Our Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

As a user of Our Website, you agree not to: 

  • systematically retrieve data or other content from Our Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 

  • make any unauthorized use of Our Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 

  • circumvent, disable, or otherwise interfere with security-related features of Our Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of Our Website and/or the Content contained therein. 

  • engage in unauthorized framing of or linking to Our Website. 

  • trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 

  • make improper use of our support services or submit false reports of abuse or misconduct. 

  • engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 

  • interfere with, disrupt, or create an undue burden on Our Website or the networks or services connected to Our Website. 

  • attempt to impersonate another user or person or use the username of another user. 

  • sell or otherwise transfer your profile. 

  • use any information obtained from Our Website in order to harass, abuse, or harm another person. 

  • decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Our Website. 

  • attempt to bypass any measures of Our Website designed to prevent or restrict access to any portion of Our Website. 

  • harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Our Website to you. 

  • delete the copyright or other proprietary rights notice from any Content. 

  • copy or adapt Our Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 

  • upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of Our Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of Our Website. 

  • upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”). 

  • except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Our Website, or using or launching any unauthorized script or other software. 

  • disparage, tarnish, or otherwise harm, in our opinion, us and/or Our Website. 

  • use Our Website in a manner inconsistent with any applicable laws or regulations. 

  • remove or change any trademark, copyright, or any other intellectual property notice 

DELIVERY AND RETURN POLICY 

i) Delivery

Shipping lead times communicated are estimated and will depend on requested dates, product availability as well as your order’s payment. We are not liable in any way for delays in product availability or expected shipping dates.  

If an order is prepaid and delivered by us, products damaged during transport, missing products or incorrectly loaded products must be claimed and marked on the bill-of-lading at the time of reception and must be kept in a secured location for further investigation. 

You acknowledge that we are not liable in any way for any products misplaced or stolen upon delivery. Also, all product shipped to job sites will be dropped on the curbside and we won’t be responsible for any damage to the property of your products upon delivery. 

If an order is picked up by you and your own transport, all freight claims must be addressed with your carrier. We are not liable for any freight-related claims (loading errors, damaged materials etc.) in these circumstances. 

ii) Return 

All returns must be accompanied by an acknowledgement of returned material from us prior to returning any material. 

Final quantities of empty pallet returned and/or returned products will be confirmed upon receipt at our facility. 

You acknowledge that we can refuse credit for any return that does not conform to the present material return policy. 

A partial refund may be applicable when the following criteria are met: 

  1. Pallets are complete/full; 

  1. Product is in its original packaging; 

  1. Product is not damaged; 

  1. The product was purchased from us within one year of the return date; and 

  1. The product is not a "special order" product or a custom-made product. 

We may offer free transportation for returned materials, but you acknowledge that we may require that transportation of all returned materials be arranged and paid for by you. 

PROHIBITED ACTIVITIES   

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:   

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  4. Engage in unauthorized framing of or linking to the Site.
  5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  8. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  9. Attempt to impersonate another user or person or use the username of another user.
  10. Sell or otherwise transfer your profile.
  11. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  12. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  14. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  16. Delete the copyright or other proprietary rights notice from any Content.
  17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  18. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  19. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  20. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  21. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  22. Use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS 

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: 

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. 

2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use. 

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use. 

4. Your Contributions are not false, inaccurate, or misleading. 

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. 

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). 

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. 

8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. 

9. Your Contributions do not violate any applicable law, regulation, or rule. 

10. Your Contributions do not violate the privacy or publicity rights of any third party. 

11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. 

12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors. 

13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. 

14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. 

 Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings. 

 CONTRIBUTION LICENSE 

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.   

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. 

  

GUIDELINES FOR REVIEWS 

 

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. 

  

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews. 

  

SUBMISSIONS 

  

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

    

THIRD-PARTY WEBSITES AND CONTENT 

 

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and peril, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 

  

SITE MANAGEMENT 

  

You recognize that we can, but do not have to: (1) monitor the Site for violations of the Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or the Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings. 

  

PRIVACY POLICY 

  

We care about data privacy and security. Please review our Privacy Policy: <INSERT THE LINK>. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in Canada. If you access the Site or the Marketplace Offerings from the United States, European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada, then through your continued use of the Site, you are transferring your data to Canada, and you expressly consent to have your data transferred to and processed in Canada. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children.

  

COPYRIGHT NOTICES AND POLICY 

  

Notifications 

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. 

   

Counter Notification 

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to us using the contact information provided below (a “Counter Notification”).

  

If you send us a valid, written Counter Notification meeting the requirements described above, we may restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.

  

Designated Copyright Agent 

Tonino Bianco 

Attn: Copyright Agent 

Techo-Bloc Inc 

5255, Albert Millichamp Street 

Saint-Hubert Qc Canada J3Y 8Z8 

  

[email protected] 

  

TERM AND TERMINATION 

  

The Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, YOU ACKNOWLEDGE THAT WE CAN, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, you acknowledge that we can to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

If you wish to terminate your account, for any reason and at any time, you can do so directly in your account settings. For more information, access the help page by signing into your account, clicking your name on the top right, and then clicking ‘Tutorials’. However, you acknowledge that even if you terminate your account in accordance with the foregoing, you will still be responsible for payment of any amounts owed to us as of the date of termination of the account for any outstanding invoices. Also, you recognize that we may retain any confidential information that appeared in your account, even if you have terminated it, until we receive a full payment for such outstanding invoices or any other amounts due to us. 

Finally, you acknowledge that if your account is terminated, either by you or us, you may lose information associated with your account, including your orders information. If it is the case, please contact us using the contact information provided below. 

    

MODIFICATIONS AND INTERRUPTIONS 

  

You acknowledge that we can change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. You also acknowledge that we can modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings. 

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You acknowledge that we can change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in the Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith. 

  

GOVERNING LAW 

  

The Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of Quebec (and the federal laws of Canada applicable in such jurisdiction), without regard to its private international law principles.   

  

DISPUTE RESOLUTION 

  

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the courts located in the judicial district of Montreal, Province of Quebec (Canada) to the exclusion of any other jurisdiction, and the Parties hereby irrevocably consent to, and irrevocably waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from the Terms of Use.   

  

CORRECTIONS 

  

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. You acknowledge that we can correct any errors, inaccuracies, or omissions and change or update the information on the Site at any time, without prior notice.   

  

DISCLAIMER 

  

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK AND PERIL. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

  

LIMITATIONS OF LIABILITY 

  

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED OR LEGAL WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

  

INDEMNIFICATION 

  

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of the Terms of Use; (4) any breach of your representations and warranties set forth in the Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, you acknowledge that we can, at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

  

USER DATA 

  

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.   

  

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 

  

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

   

MISCELLANEOUS 

  

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. 

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of the Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. 

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of the Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of the Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. 

  

CONTACT US 

  

In order to resolve a complaint regarding the Site, our Terms of Use, our services or our policies or to receive further information regarding use of the Site, our Terms of Use, our services or our policies, please contact us at: 

Techo-Bloc Inc. 

5255, Albert Millichamp Street 

Saint-Hubert Qc Canada J3Y 8Z8 

Phone: +1 877-832-4625 

[email protected] 

RETURNS

(1) All returns require a Return Material Acknowledgment from Techo-Bloc before returning any materials. 

(2) Final return quantities of empty skids and/or products returned will be confirmed upon reception at the Techo-Bloc facility. 

(3) Techo-Bloc reserves the right to refuse credit for any return that does not conform to the material return policy 

(4) A partial refund may be applicable when the following criteria are met. 

     a. Complete/full pallets 

     b. The product is in its original packaging 

     c. The product has not been damaged 

     d. The product has been purchased from Techo-Bloc within 1 year of the return date 

     e. The product is not a “special order” product or made-to-order product 

(5) Techo-Bloc may offer free transportation for materials returned although we reserve the right to request that transportation for all materials returned be arranged and paid by the customer. 

DELIVERIES

(1) Shipping lead times communicated by Techo-Bloc are estimated and will depend on requested dates as well as product availability. Techo-Bloc is not liable in any way for delays in product availability or expected shipping dates. 

(2) If shipment is prepaid (delivered by Techo-Bloc), materials damaged during transport, missing materials or incorrectly loaded materials must be claimed and marked on the bill-of-lading at the time of reception and must be kept in a secured location for further investigation. 

(3) If shipment is collect (transport arranged by customer), all freight claims must be addressed with the customer carrier. Techo-Bloc is not liable for any freight-related claims (loading errors, damaged materials etc.) 

(4) Techo-Bloc is not liable in any way for any materials misplaced or stolen upon delivery. 

(5) All product shipped to jobsites will be dropped curbside. Techo-Bloc will not be responsible for any damage to the property of the customer upon delivery. 

INTELLECTUAL PROPERTY NOTICE 

Unless otherwise indicated, Our Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on Our Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, foreign jurisdictions, and international conventions. 

The Content and the Marks are provided on our Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of Our Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

Provided that you are eligible to use Our Website, you are granted a limited license to access and use Our Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to Our Website, the Content and the Marks. 

CALIFORNIA USERS AND RESIDENTS 

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. 

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on our Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. 

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. 

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. 

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of our Website. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. 

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions. 

SAMPLE BOX ORDERING

  1. Availability: Samples are available for select products at our discretion. Not all products may have samples available. Techo-Bloc reserves the right to determine which products are eligible for samples.

  2. Purchasing Samples: Customers can purchase samples by adding them to their sample cart from Techo-Bloc's online product pages. Samples are sold in a sample box that can contain up to 5 samples. Each sample is priced by unit and has shipping fees calculated. Prices and shipping fees are subject to change at any time.

  3. Requesting Free Samples: Only verified architects and commercial specifiers can benefit from free sample orders. This requires the client to fill out a form to request free samples. If the client can be found as a verified architect or specifier in our system, then a login and password will be sent to the client’s email to login. If the client cannot be found in our system, one of our agents will manually verify the company and may correspond with the requestor for additional information or to supply documentation in order to validate or deny the request.

  4. Shipping and Handling:  Please allow for 24-48 hours for your order to be processed. A tracking number will be provided to you by email once your sample box is shipped. We offer standard shipping options within the continental United States and Canada. You can expect 3-5 business days to receive your shipment after the order is processed. 

  5. Sample Availability: Samples are subject to stock availability. We cannot guarantee that all samples will be available at all times.

  6. Sample Disclaimers: Samples are provided "as is" and may not necessarily represent the exact quality, color, or characteristics of the actual product. Samples are intended for evaluation purposes only.

  7. Return or Exchange: Samples cannot be returned or exchanged. All sample sales are final.

  8. Intellectual Property: Samples remain the intellectual property of Techo-Bloc. Reproduction, sale, or commercial use of samples without prior written consent from Techo-Bloc is strictly prohibited.

  9. Termination or Modification: Techo-Bloc reserves the right to modify or terminate the sample ordering policy at any time and without prior notice.

CONTACT INFORMATION

If you have any questions or concerns about Our Website, our services, or our policies, please contact us. You may also contact us to request, verify, update, or correct the personally identifiable information that Techo-Bloc has collected about you through its websites, interactive advertisements, or other means. Techo-Bloc will use reasonable efforts to supply you with this information and correct any factual inaccuracies in this information. To correct inaccuracies in your personal contact information, email us at [email protected]. All other inquiries or concerns related to our Terms and Conditions and practices should be sent to Techo-Bloc at: 

 

Mail: 5255 Albert Millichamp Street, Saint-Hubert, QC J3Y 8Z8

Attention: Privacy Officer

Telephone: +1 877 832 4625

Email: [email protected]

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