Web Site User Agreement
The use of this site is governed by the policies, terms and conditions set forth below.
Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order reserves the right to make changes to this site and these terms and conditions at any time.
Accessing or using this web site indicates your acceptance of these terms and conditions and that you intend to be legally bound by them. If you do not agree with these terms and conditions, please do not access or use this web site.
We reserve the right to update and modify these terms and conditions at any time without prior notice. It is your responsibility to review these terms and conditions on a regular basis to check the most recent updates. The last revision date for these terms and conditions is set forth below.
Last revised: Monday, Janaury 10, 2011
You agree to comply with the following terms and conditions in this agreement in your use of this web site by M.A. Hubert & Associates Ltd. (“Summit Direct”):
1. Use of the Web Site
You are permitted to electronically copy and to print hard copies of pages from this web site for your own personal, non-commercial use (for personal information and shopping purposes), provided that such copies clearly display the copyright and any other proprietary notices of Summit Direct on their face. No other copying of this web site, in whole or in part, is permitted without the express written authorization of Summit Direct. No right, title or interest in any downloaded or copied materials is transferred to you as a result of any such downloading or copying. You agree that you will not distribute the contents of the web site for any purpose including without limitation compiling an internal database, redistributing or reproducing the contents through any commercial medium or creating derivative works of the contents, in whole or in part, in any form or by any means whatsoever.
2. Products and Prices
(A) Product descriptions, warranties and prices set out on this web site are believed to be reliable when posted. Summit Direct cannot guarantee that they are accurate or complete or that they will be current at all times.
(B) Summit Direct reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time without prior notice to product descriptions, warranties and prices due to errors, product discontinuation, changing costs, new market conditions or any other business factor.
(C) If there is a discrepancy between the price on this web site, in any advertisement and the one in-store, and then the in-store pricing supersedes all other pricing. All prices are subject to applicable provincial and federal sales tax and other applicable charges.
3. Territorial Restriction
Summit Direct’s web site can be accessed from Canada and other countries around the world. You understand that some or all products and services provided on this web site may not be available for purchase to persons or entities residing in certain jurisdictions or geographical areas. Summit Direct reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any product or service to a person or entity residing in any jurisdiction or geographical area. Summit Direct does not represent or warrant that any product or service provided on this web site will be available for purchase by you.
4. Your Privacy
(A) Summit Direct respects your right to privacy and we want you to be aware of how we collect and use personal information on our web site. Summit Direct may collect personal information from you in three ways:
(i) Web Server Logs: An IP address is a number that is automatically assigned to your computer whenever you access the Internet. All computer identification on the Internet is conducted with IP addresses which allow computers and servers to recognize and communicate with each other.
(ii) Cookies: A cookie is a small data string our server writes to your hard drive that contains your unique user ID for our web site. A cookie cannot be used to access or otherwise compromise the data on your computer or hard drive. You may choose to change your browser settings to disable cookies if you wish. Please be aware that cookies may be required to complete certain functions on this web site.
(iii) User-supplied Information: Summit Direct may request users to give contact information such as their name, organization, address, e-mail address, etc.
(B) Information we collect may be used as follows:
• to conduct system administration, to report aggregate information to
affiliates, sponsors, advertisers or partners, and to conduct site analysis;
• to deliver web content specific to your interests or to avoid showing you the same message repeatedly;
• to respond to your e-mail message or to send information that you have requested;
• to conduct online surveys;
• to promote future events or specials; and
• to promote Summit Direct or third-party products or services.
At any time, you can opt-out of participating in online surveys or receiving notifications regarding future events or specials and products or services.
(C) Summit Direct does not sell, rent or disclose individually identifiable information obtained online to any third-parties unless you specifically authorize Summit Direct to share your personal information with others, it is required by law, or disclosure is necessary to protect the safety of customers, employees or property.
(D) Summit Direct is committed to protecting the information you give us. As such, we have implemented appropriate safeguards. Any information that you give us is protected and stored in password-protected, limited-access servers. These servers reside behind a corporate firewall that maintains tight controls on any access to the system from both our internal network and the Internet.
(E) Despite our efforts, there is no guarantee that personal information and transactions on this web site or on the Internet will be maintained confidential and secure. The use of this web site and the contents is at your own risk and Summit Direct assumes no liability or responsibility pertaining to the content, your use of the web site or the receipt, storage, transmission or other use of your personal information.
1. Ownership and Copyright
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this web site including the manner in which they are presented or appear and all information relating thereto, are the property of their respective owners as indicated.
2. Links to Other Web Sites
Links to web sites outside this web site are provided only for your convenience. No endorsement of any third-party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to this web site. If you access or use such sites, you are doing so at your own risk.
(A) Except as expressly provided in this agreement, Summit Direct provides this web site and its contents “as is” and expressly disclaims any representations, warranties, guarantees or conditions of any kind, whether express or implied, statutory or otherwise, including but not limited to, warranties as to uninterrupted or error free operation, availability, accuracy, completeness, currentness, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
(B) The disclaimer by Summit Direct under subsection (A) in no way disclaims any warranties provided by the manufacturer or owner of a product or service displayed on this web site.
(C) Summit Direct and the manufacturers and owners of the products and services provided on this web site make no representations or warranties with respect to the availability of any warranties for products or services used by you outside Canada.
4. Limitation of Liability
(A) Summit Direct and its affiliates and their directors, officers, employees, agents, contractors, successors and assigns shall not be liable for any damages whatsoever arising out of or related to access to or use of this web site or any other web site linked to this web site and their contents, whether or not any such damages might be foreseeable and even if Summit Direct is informed of their possibility, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages (including lost profits, lost goodwill, lost savings, business interruption or loss of data). Summit Direct disclaims any liability for unauthorized use or reproduction of any portion of this web site.
(B) In no event will Summit Direct and its affiliates and their directors, officers, employees, agents, contractors, successors and assigns be liable for damages or losses resulting from: viruses, data corruption, failed messages, transmission errors or problems; telecommunications service providers; links to third-party web sites; third-party content, products or services; damages or losses caused by you; loss of use or lack of availability of facilities including computer resources, routers and stored data; the use or inability to use this web site or its content; any other web site accessed to or from this web site; or events beyond the reasonable control of Summit Direct, even if Summit Direct or any of its lawful agents or employees have been advised of the possibility of such damages or claim.
You agree at all times to indemnify, defend and hold harmless Summit Direct and its affiliates and their directors, officers, employees, agents, contractors, successors and assigns against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Summit Direct directly or indirectly in respect of: (i) any information or other content you provide on or through this web site or which is sent to Summit Direct by e-mail or other correspondence; or (ii) your use or misuse of this web site or its contents, including without limitation infringement claims.
(A) You may terminate this agreement at any time, provided that you discontinue any further use of this web site. Summit Direct may also terminate this agreement without notice to you if you, in Summit Direct’s sole and unfettered discretion, fail to comply with any of its terms and conditions. Any such termination by Summit Direct shall be in addition to and without prejudice to such rights and remedies as may be available to Summit Direct, including injunction and other equitable remedies.
(B) The disclaimers, limitations on liability, ownership, termination, and the indemnity provisions of this agreement shall survive the termination or expiry of this agreement.
7. Governing Law
The laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this agreement notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You consent and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this agreement.
(A) The division of this agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this agreement. In this agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders, and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
(B) All references in this agreement to dollars, unless otherwise specifically indicated, are expressed to in Canadian currency.
(C) These terms and conditions and any and all legal notices on this web site constitute the entire agreement between you and Summit Direct with respect to the access and use of this web site and its contents. No supplement, modification or amendment to this agreement and no waiver of any provision of this agreement shall be binding on Summit Direct unless executed by Summit Direct in writing. No waiver of any of the provisions of this agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
(D) Any provision of this agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
(E) This agreement shall endure to the benefit of and be binding upon each of us and our respective successors and assigns. You acknowledge having read this agreement before accepting it and having the legal authority to accept this agreement.
© M.A. Hubert & Associates Ltd., 2002, Hamilton, Ontario, Canada. Summit Direct, Summit Direct logo, Hawk, Hawk logo and Don’t Pay a Dime til it’s Time are the trade-marks of M.A. Hubert & Associates Ltd.