Please review these terms and conditions, which govern your use of roofingdirect.com (http://www.art-originals.buy-online-direct.net). Your use of any of our Sites constitutes your unconditional agreement to be bound by these terms and conditions and the Privacy and Security Statement (collectively, the “Terms”). The Sites are provided by Roof Siding Direct (“Buy Online Direct”) as a service to its customers, unless specifically provided otherwise on a Site.
Your Use of the Site
- Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.
- If we determine that a child under the age of 13 has provided personal information to the Site, we will delete that information as soon as practical. If you become aware that such information has been provided by a child under the age of 13, please contact us at so that we can delete that information.
- We hereby notify you that parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such control protections is available on the websites GetNetWise (http://kids.getnetwise.org) and OnGuardOnline (http://onguardonline.gov). Buy Online Direct does not endorse any of the products of services listed on such websites.
- You agree that you will not do any of the following (collectively, the “Code of Conduct”):
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site
- Use the Site or content on or from the Site for any unlawful purpose
- Express or imply that any statement you make is endorsed by Buy Online Direct or its subsidiary, parent or affiliate companies
- Submit data or information to or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes Buy Online Direct or any third party’s intellectual property rights or other rights; (iii) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (iv) is non-public information about a company or individual without the express written authorization to do so
- Engage in spamming, flooding, phishing or other activity intended to gather information unlawfully
- Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses and defects
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site
- Remove any copyright, trademark or other notices of proprietary rights contained on the Site
- “Frame” or “mirror” any part of the Site without Buy Online Direct prior written authorization
- Use any robot, spider, site search / retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure, or presentation of the Site or its contents
- Harvest or collect information about Site visitors
- Take any action that imposes an unreasonable or disproportionately large load on Buy Online Direct infrastructure
Information Posted on the Site
- The information and materials on the Site (the “Materials”) are provided for your review in accordance with the Terms. However, the Materials do not necessarily reflect the opinions of Buy Online Direct or any of its affiliates, subsidiaries or agents.
- At Buy Online Direct, we carry the Brand Names You Know and Trust™. Unless indicated otherwise, most products and services featured on the Site are available directly from or through Buy Online Direct, its subsidiaries or its affiliates. Buy Online Direct endeavors to display and describe its products and services accurately. Buy Online Direct is also improving its products and services and may update the Materials at any time and without notice.
- Buy Online Direct cannot and does not guarantee the accuracy or completeness of the Materials, including, without limitation, prices, product images, specifications, dimensions, availability and services. The Materials may contain technical inaccuracies and typographical errors. Products and services are the responsibility of the manufacturer and service provider, respectively and subject to the warranties offered by such manufacturer or service provider.
- All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested.
- Buy Online Direct and its affiliates and subsidiaries reserve the right, at their sole discretion, to refuse service and to terminate accounts if Buy Online Direct believes in its sole discretion that customer conduct violates applicable law or the Terms, or is harmful to the interests of Buy Online Direct, its subsidiaries, or its affiliates, or for any other reason.
- Buy Online Direct and its affiliates and subsidiaries reserve the right to limit the quantity of items purchased per person, per account, per household and per order as determined in their sole discretion. These restrictions may be applied to the same account, same credit card and / or the same billing and / or shipping address.
- Receiving an order acknowledgement via email does not guarantee the acceptance of an order.
- All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon Buy Online Direct delivery of the items or products to the carrier.
Links to Other Sites
- The Site may contain links to other websites so that you can learn more about the products available on the Site and have access to other information. These links are provided to you only as a convenience and their presence on the Site does not imply endorsement by Buy Online Direct or its affiliates or subsidiaries of such website or of any association with such websites’ operators.
- You agree that Buy Online Direct and its affiliates and subsidiaries are in no way responsible or liable for the availability or content of the websites to which the Site is linked. Buy Online Direct and its affiliates and subsidiaries make no representations whatsoever about any other website you may access through the Site.
- Any concerns regarding products or services offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not the Site.
- As part of your use of the Site, you may be able to provide comments, feedback, reviews, text and ideas; send messages to Buy Online Direct and other users of the Site; post media, such as photos and videos; and submit other forms of content (collectively, “Content”) to the Site. You agree that Content may be viewed by the general public and you do not and shall not consider such Content to be private, proprietary or confidential. You grant Buy Online Direct and its affiliates, licensees and sublicensees, without any compensation of any kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, publicly display and otherwise use in any way such Content in any format or media (“Content License”). You may not revoke Content for any reason at any time. You agree that any Content you submit may appear on sites other than the site through which you submitted your Content, e.g., Content submitted to roofingdirect.com may appear on Lowes.ca and / or the website of an entity affiliated with Buy Online Direct. You waive, release and agree not to assert any and all moral rights that you may have in any Content submitted by you to the Site. You agree that Buy Online Direct may use submitted Content in any manner that Buy Online Direct deems appropriate or necessary in its sole discretion. Buy Online Direct and its affiliates reserve the right to edit, modify, abridge or otherwise change any Content you or others submit in their sole discretion.
- You agree that you will not use a false or misleading email address, impersonate another person or entity, or otherwise mislead with respect to the origin of any Content you submit, including, without limitation, comments and feedback you submit to the Site. You agree that Buy Online Direct is not responsible for any Content that you submit to the Site.
- By submitting any Content to the Site, you warrant and represent that you have the right to use such Content and have the right to permit Buy Online Direct and its affiliates, licensees and sublicensees to use such Content in accordance with the terms of the Content License. You agree not to submit any Content that is owned by someone other than you. You agree not to submit any Content that contains the name, image, likeness or voice of anyone other than yourself without first obtaining permission to submit such Content and to grant the Content License to Buy Online Direct.
- If you identify yourself by name in Content you submit or submit Content that contains an image or audio or video recording of yourself, you authorize Buy Online Direct and its affiliates, licensees and sublicensees, without compensation of any kind to you or anyone else, to reproduce, print, publish, translate, modify, edit and disseminate, in any format or media now or hereafter created, your name and such images and recordings in any way Buy Online Direct deems appropriate, in its sole discretion, throughout the world. Such authorization is and shall be perpetual and cannot be revoked by you for any reason.
- Buy Online Direct does not guarantee that Content you or others submit will be posted to the Site or become publicly available, and Buy Online Direct does not guarantee that Content posted to the Site will not be offensive, defamatory or otherwise objectionable. Buy Online Direct reserves the right to remove any Content from the Site without notice and in Buy Online Direct sole discretion; however, you acknowledge and agree that Buy Online Direct is under no obligation to you to police, monitor or remove Content and Buy Online Direct makes no guarantee with respect to the completeness, accuracy, integrity or quality of Content submitted to the Site.
Disclaimer of Warranties and Limitation of Liability
- You assume all responsibility and risk for the use of the site and the Internet in general. The site, the materials and all products and services offered through the site are provided “as is” and “as available” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, Buy Online Direct, all of Buy Online Direct subsidiary, parent or related companies, call centers and all of their respective officers, directors, employees, attorneys, agents and representatives disclaim all warranties, express or implied, including without limitation implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
- Buy Online Direct and its licensors, suppliers, advertisers, sponsors, agents and representatives do not warrant that your use of the site will be uninterrupted, error-free or secure; that defects will be corrected; or that the site or the server(s) on which the site is hosted are free of viruses, bugs or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement by Buy Online Direct, or Buy Online Direct licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made on the site or otherwise, shall create any warranty.
- You expressly acknowledge and agree that Buy Online Direct shall have no liability or responsibility whatsoever for: (1) any unauthorized access to or use of servers on which the site is hosted and / or on which any of your personal information and / or financial information stored therein; (2) any interruption or cessation of transmission to or from the site; (3) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a harmful nature which may be transmitted to or through the site by a third party; and / or (4) any errors, mistakes, inaccuracies or omissions in any materials, or for any loss or damages of any kind incurred as a result of the use of any materials posted, emailed, transmitted or otherwise made available via the site. Buy Online Direct does not warrant, endorse, guarantee or assume responsibility for any hyperlinked site.
- You agree that Buy Online Direct and its affiliates, parents and subsidiaries will not be responsible or liable for damages of any kind arising out of your use of the site, including, without limitation, direct, indirect, special, incidental, punitive and consequential damages, and damages resulting from the loss of use, data, profits or business interruption arising from or in any way connected with the use of the site. This also includes delays in being able to use the site, the inability to use the site, or any portion thereof, or any hyperlinked website, whether based on tort, negligence, strict liability or otherwise, even if Buy Online Direct and / or its subsidiaries and affiliates were aware or had been advised of the possibility of such damages. This disclaimer constitutes an essential part of these terms.
- You should use your best judgment and exercise caution where appropriate, as with the purchase of any product or service through any medium or in any environment. Your use of the site and any materials provided through the site are entirely at your own risk.
- You agree to indemnify, defend and hold harmless Buy Online Direct and its subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sublicensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms, including, without limitation, the Code of Conduct; (2) any allegation that any Content or other material you have submitted or transmitted to the Site infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other intellectual property rights of any party; and / or (3) your activities or omissions in connection with the Site.
- All effort is made to list the prices corectly. Human error can be made from time to time. An error can be made when entering the prices in the master data base. In the event that you order a product listed at a lower price than it should be, we will either honor that price or send you $100 (in Canadian currency). If we find that the error is in our favor (listed too high) then we will refund you the difference.
- Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. Buy Online Direct makes no representation or warranty that Materials and Content on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site in any jurisdiction where all or any portion of the Site might violate any legal requirements and you agree not to access the Site in any such jurisdiction. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
- You agree to waive, to the fullest extent allowed by applicable law, any claims for punitive or exemplary damages and any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to the Site or this agreement.
- Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.
- Arbitration is final, binding and subject to limited review by a court. You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against Buy Online Direct or against any of Buy Online Direct subsidiary, parent or affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.
- You must first present any claim or dispute to Buy Online Direct by contacting the Customer Care Center to allow Buy Online Direct the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted with the rules of a Nationwide Arbitration Organization as modified by this agreement. Any such arbitration shall be brought and held in Calgary, Alberta, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a class wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large and/or complex cases, the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.
- Any arbitration shall be confidential, and neither you nor Buy Online Direct may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
- If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
- All administrative fees and expenses of arbitration will be divided equally between you and Buy Online Direct. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.
- You agree that Buy Online Direct may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that Buy Online Direct will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.
- You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to Buy Online Direct through the Site may be subject to legal process by Buy Online Direct or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that Buy Online Direct will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that Buy Online Direct may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered or otherwise disclosed.
- Buy Online Direct performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of Buy Online Direct right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by Buy Online Direct with respect to such use.
- You agree that Buy Online Direct may change the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.
- You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and Buy Online Direct as a result of these Terms or your use of the Site.
- Any rights not expressly granted to you herein are reserved by and to Buy Online Direct, its affiliates, subsidiaries and licensors, and other third parties.
- The Terms and the applicable terms of sale constitute the entire agreement between you and Buy Online Direct with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and Buy Online Direct with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by Buy Online Direct or it is physically signed in blue ink by an executive officer of Buy Online Direct.
- Any actual or alleged waiver by Buy Online Direct of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.
- A printed version of this agreement and / or any notice given by Buy Online Direct in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Buy Online Direct in printed form.
- If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.