TERMS OF USE (“Terms of Use”)

LAST UPDATED ON NOVEMBER 29th, 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 Our Website. You agree to keep your username and password confidential and will be responsible for all use of your account and password. We reserve the right to 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.

Governing and Applicable Laws

These Terms are governed by and shall be construed in accordance with the laws of the province of Quebec, Canada. Further, you and Techo-Bloc agree to the jurisdiction of the provincial and federal courts located in Montreal, Quebec, to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms or to Our Website that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Disputes and 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) use of Our Website; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (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 Our Website with whom you connected via Our Website.

Notwithstanding the foregoing, we reserve the right, at your expense, to 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.

Third Parties

Our Website may contain (or you may be sent via Our Website) 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 our Website or any Third-Party Content posted on, available through, or installed from Our Website, 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 Our Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms 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 Our Website or relating to any applications you use or install from Our Website. 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.

Disclaimer and Warranty

Our Website is provided on an as-is and as-available basis. You agree that your use of Our Website will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with Our Website 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 Our Website’s content or the content of any websites links to Our Website and 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 Our Website, (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 Our Website, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through Our Website 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 Our Website. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Our Website, 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.

Acceptable Use

An acceptable use clause outlines what user actions and behaviors are acceptable, including following other policies and terms.

It also outlines what may be inappropriate and what actions you may take if a user does not comply.

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

Term and Termination

Termination by you

You can terminate your Techo-Bloc account at any time from your account settings. You can find more information in this Help article (LINK ARTICLE HERE). Any outstanding bills will still have to be paid, regardless of your account status.

Termination by Techo-Bloc

We may terminate your account (and any other Techo-Bloc accounts we deem as being related to your account) and your access to Our Website should we have reason to believe you or your use of Our Website violate these Terms. If we do so, it is important to understand that you do not have a contractual or legal right to continue to use Our Website.

If you or Techo-Bloc terminate your account, you may lose any information associated with your account, including your Orders information. These Terms remain in effect regardless of your account status.

These Terms and Conditions shall remain in full force and effect while you use our Website. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our website (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 these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in our website 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, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Limitation of Liability and Warranty

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 our Website, even if we have been advised of the possibility of such damages. We will not be held accountable for lack of enjoyment or damage caused by viruses, spyware, or software damage.

We reserve the right to change, modify, or remove the Content or the Services on Our Website to comply with new laws or regulations, or to update our offerings. We also reserve the right to modify or discontinue all or part of Our Website if Techo-Bloc were to close down or if we decide to change Techo-Bloc’s business offering. We will not be liable to you or any third party for any modification, price change, suspensions, or discontinuation of Our Website.

We cannot guarantee Our Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance on Our Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify Our Website from time to time. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use Our Website during any downtime or discontinuance of Our Website.

Nothing in these Terms will be construed to obligate us to maintain and support Our Website to supply any corrections, updates, or releases in connection therewith.

There may be information on Our Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on Our Website at any time, without prior notice.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers herein may not apply to you, and you may have additional rights.

Site Management or Support

We reserve the right, but not the obligation, to:

  1. monitor Our Website for violations of these Terms;
  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, 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) our Website or any portion thereof;
  4. in our sole discretion and without limitation, notice, or liability, to remove from our Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  5. otherwise manage our Website in a manner designed to protect our rights and property and to facilitate the proper functioning of our Website.

Pricing

  1. When ordering via our website, product, freight and all other charges (pallets, splitting, taxes, other misc. charges) may be estimated. Pricing is final after you have received your invoice and any/all pricing discrepancies are superseded by your signed pricing agreement.
  2. We reserve the right to update product pricing at any time.
  3. All transport-related costs are based on shipping location, destination, quantity of product being shipped and equipment type being used for shipping.
  4. Fuel surcharge may apply and change throughout the year depending on changes in diesel fuel prices and other transport-related costs.
  5. 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.
  6. In the event that you have an account with Techo-Bloc, charges may be applied to your account; otherwise, payment may be accepted via a valid credit card or other credit solution services when applicable.
  7. Techo-Bloc reserves the right to apply payment upfront or at any time between the time the order is placed and shipped.
  8. Techo-Bloc reserved the right to cancel your order or scheduled shipment at any time should payment not be received in full.
  9. In the event of non-payment, the customer hereby irrevocably authorizes Techo-Bloc to enter upon any of the customer’s premises for the purpose of recovering goods for which payment is overdue.

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:
    • Complete/full pallets
    • The product is in its original packaging
    • The product has not been damaged
    • The product has been purchased from Techo-Bloc within 1 year of the return date
    • 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.

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.

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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