ICC Evaluation ESR-1603
CCMC EVALUATION NO. 13200-R
PRODUCED UNDER CANADIAN PATENT NO. 2208344
PRODUCED UNDER UNITED STATES PATENT NO. 5981631
Welcome to www.mdecking.com, the official website of the Millennium Decking Inc., and all affiliate websites including but not limited to www.woodcomp.com, the official website of the Wood Composite Technologies Inc. (the "Websites").
THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU MAY ACCESS AND USE THE WEBSITES. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE WEBSITES. BY ACCESSING THE WEBSITES YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE WEBSITES. Your use of or access to the Websites is also subject to all applicable laws and regulations. MDECKING.COM's personal information and privacy practices are set out in our Privacy Policy, which is available through a link on www.mdecking.com and www.woodcomp.com. You are encouraged to read it.
MDECKING.COM provides certain services (the "Services") on the Websites and reserves the right to modify or discontinue the Services and may amend this Agreement at any time by posting a new agreement in place of this one. Please check this Agreement periodically for changes. MDECKING.COM will post notice that the Agreement has been amended on the Websites located at www.mdecking.com and www.woodcomp.com for a period of 30 days. The amended Agreement will automatically be effective when posted. Your continued use of the Websites following the posting of the amended Agreement and notice shall mean that you accept the terms of this Agreement as amended. If you do not agree with any of the terms of the amended Agreement then you must terminate all use of the Websites and Services. This Agreement may not otherwise be amended. This Agreement was last modified on Friday, June 16, 2006.
For the purposes of this Agreement:
"Agreement" shall mean these Terms of Use, as it may be amended
from time to time; and
"MDECKING.COM" shall mean Millennium Decking Inc. and Wood
Composite Technologies Inc.
You agree that MDECKING.COM will not be liable for any delay or unavailability of any of the Websites or Services, whether due to an act or omission of MDECKING.COM or an act or omission of any third party.
In order to access and use any of the Websites and/or Services you agree to abide by these Terms of Use. Any other access or use shall constitute a trespass on MDECKING.COM's computer systems, shall constitute an infringement of MDECKING.COM's intellectual property and an unlawful use of MDECKING.COM's assets.
Upon accepting the Terms of Use you are granted a non-exclusive and non-transferable licence to use and access the Websites and Services.
If you are dissatisfied with any part of the Services, please contact us at support@mdecking.com and we will look into the issue.
The Websites and/or the Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MDECKING.COM has no control over such sites and resources, you acknowledge and agree that MDECKING.COM is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that MDECKING.COM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
MDECKING.COM has certain protectable proprietary rights in its software and websites, including copyrights and trademarks. You may not modify, copy, publish, republish, transmit, sell, create derivative works, display or in any way exploit any Services or any content contained on the Websites except to use the Services and view the Websites for personal use only.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND WEBSITES IS AT YOUR SOLE RISK. THE SERVICES AND WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MDECKING.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE THAT ARE IMPLIED BY LAW. MDECKING.COM MAKES NO WARRANTY THAT THE WEBSITES OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE USE OF THE WEBSITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; MDECKING.COM MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITES OR SERVICES OR THAT DEFECTS WILL BE CORRECTED.
MDECKING.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITES OR SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO OR THROUGH THE SERVICES OR WEBSITES OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, EVEN IF MDECKING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MDECKING.COM retains the right, at MDECKING.COM's sole discretion, to determine whether or not your conduct is consistent with the letter and spirit of these Terms of Use. MDECKING.COM reserves the right, based on its sole discretion, to suspend or terminate current or future access and use of the Websites and/or Services if your conduct is found to be inconsistent with these Terms of Use.
(a) You are solely responsible for the content of your transmissions through the Services. Your use of the Services is subject to all applicable federal, provincial, state, municipal, international and local laws and regulations.
(b) You agree not to use the Services for illegal purposes.
(c) You agree not to transmit through the Websites or Services any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind or nature.
(d) You agree not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable federal, provincial, state, municipal, international and local law and/or regulation.
(e) You agree not to use the Websites or the Services to commit any dishonest act, act of fraud or any act which infringes any third party rights including the right of privacy.
(f) Attempts to gain unauthorized access to any computer system are prohibited.
(g) You agree not to use any spider, robot or other automatic means to search or monitor the content of the Services or Websites. You also agree not to use any automatic means, including software, to interfere with or attempt to interfere with MDECKING.COM's software or websites or their use by any other user. You agree not to cause any unreasonable burden or load on MDECKING.COM's software or its computer systems.
MDECKING.COM may make available to you the ability to submit information to the Websites. You agree that all of your submissions will be accurate, truthful and in compliance with this Agreement.
All submissions may be subject to review by MDECKING.COM prior to the information being posted to the Websites. MDECKING.COM may refuse to post any information or link and may remove the same for any reason, in its sole discretion.
MDECKING.COM'S posting of any information or link does not mean that MDECKING.COM agrees that the information complies with this Agreement or that MDECKING.COM agrees with the content of the information.
While MDECKING.COM may review each submission, it does not thoroughly review the information or the third party materials that a link submitted to the Websites may resolve to. Further, the information may become incorrect or a third party website may change from time to time. Notwithstanding MDECKING.COM's review, MDECKING.COM shall have no liability to you for any reliance that you make on any third party information posted to the Websites. Further, you agree to indemnify MDECKING.COM and other users for any loss or damage that MDECKING.COM or any user may suffer as a result of the posting of any information or link that you submit.
With respect to any messages, information, data, graphics, photographs, images, creative ideas, concepts, know-how, techniques, suggestions or improvements or other content that you transmit, submit, post or upload to the Websites and/or in connection with any of the Services (each, a "Message"), you are, by transmitting or uploading such Message, granting MDECKING.COM a perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, and distribute such Message for any purpose and in any form. This license is granted automatically and no payment of any kind will be due to you. By submitting any such Message you are thereby representing and warranting that you have the right to submit the same and the right to grant the license set out above. At times, MDECKING.COM may solicit Messages from users. Your provision of any such Messages in response to a solicitation by MDECKING.COM shall be subject to a grant of a license to MDECKING.COM as specified herein.
Your correspondence or business dealings with, or participation in promotions of, third party advertisers and vendors found on or through the Services or the Websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that MDECKING.COM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Websites or in connection with the Services. All of your business dealings with third party vendors and advertisers appearing on the Websites or in connection with the Services, including the MDECKING.COM Store, shall be at your sole risk.
You agree to indemnify and hold MDECKING.COM and any of its parents, partners, subsidiaries, affiliates, directors, partnerships, principals, governors, representatives, agents, officers and employees, successors and assigns, harmless from any third party claim or demand, including all legal fees on a solicitor and his own client basis, due to or arising out of your use of the Services or Websites, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity or other user.
This Agreement constitutes the entire agreement between you, the user, and MDECKING.COM, and supersedes all prior agreements between the parties, regarding the subject matter contained herein and there are no statements, representations, warranties, undertakings or agreements, written or oral, express or implied, between the parties hereto except as herein set forth.
MDECKING.COM's failure to insist upon, exercise or enforce any rights or provisions of these Terms of Use shall not be construed as a waiver of such right or provision of the same or different type in the future.
Should you object to any of these Terms of Use or any subsequent modifications thereto or become dissatisfied with the Services or Websites in any way, your only recourse is to immediately: (1) discontinue use of the Services and Websites and; (2) terminate any registration and/or membership relating to the Services if any. Notwithstanding the termination of this Agreement for any reason, the provisions of this Agreement relating to intellectual property, warranty disclaimer, limited liability, indemnity and governing law shall survive such termination.
These Terms of Use, the relationship between you and MDECKING.COM and your use of the Websites and Services and the resolution of any dispute arising between the parties shall be governed by and construed in accordance with the laws of the Province of Alberta and those of Canada applicable therein, without reference to their conflicts of laws. You and MDECKING.COM agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta to hear all matters arising in relation to the Websites, the Services or this Agreement. Notwithstanding the forgoing, either
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.
Headings are for reference purposes only and shall not be used in the interpretation of this Agreement.
ICC Evaluation ESR-1603
CCMC EVALUATION NO. 13200-R
PRODUCED UNDER CANADIAN PATENT NO. 2208344
PRODUCED UNDER UNITED STATES PATENT NO. 5981631