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TERMS & CONDITIONS 

Last Updated: April 5, 2021

 

WELCOME

I-XL Building Products Inc. (“I-XL”, “we”, “us”, “our”) welcomes visitors to the I-XL Building Products website located at www.ixlbuild.com (the “Website”). The Website includes, but is not limited to, all other sites owned and operated by I-XL that redirect to the Website, all subdomains provided through such other site or the Website, and all downloadable applications, features, functionality, content or information that is made available or provided on the Website.

Please read the following Website terms of use (“Terms of Use”) before using the Website. By accessing and using the Website, you agree to be bound by all the terms and conditions of the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. A copy of these Terms of Use may be downloaded, saved and printed for your reference.

OWNERSHIP / RESTRICTIONS ON USE

The Website is owned and operated by I-XL Building Products Inc. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this Website are proprietary to I-XL, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of I-XL Building Products Inc. You may download, print and reproduce the Content for your own non-commercial, informational purposes, provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of I-XL. To obtain written consent for such reproduction, please contact us at info@ixlbuild.com.

If you provide I-XL with any comments, suggestions, recommendations, requests or any other feedback (“Feedback”), I-XL may use such feedback to improve the Website or services offered by I-XL or for any other purpose. Furthermore, I-XL shall own such Feedback and I-XL and its affiliates, licensees, clients, partners, third-party providers and other authorized entitled may use, license, distribute, reproduce and commercialize the Feedback, and you hereby assign, irrevocably, exclusively and on a royalty-free basis, all such Feedback to I-XL.

TRADEMARKS

“I-XL Building Products” and “www.ixlbuild.com” are trademarks of I-XL Building Products Inc. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of I-XL Building Products Inc. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

REGISTRATION & PASSWORDS

To access certain portions of the Website and/or to request quotes, information or samples online, you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

Upon registration, you will choose a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to immediately notify I-XL of any unauthorized use of your password or username or any other breach of security.

LINKING

It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from I-XL and that I-XL has no control over the content of such websites. Consequently, I-XL cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites. Such third party websites may be subject to additional terms and privacy policies. You are strongly advised to check the terms of use and the privacy policies of these external websites or resources before making use of them.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

USER CONDUCT

As a condition of your continued access to and use of this Website, you agree to abide by all applicable federal, provincial, state, territorial and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:

  1. a) upload, post, e-mail or otherwise transmit any material that:
    i) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    ii) infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
    iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison; or
    iv) contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
    b) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including e-mail addresses, without the express consent of such users;
    c) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
    d) attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
    f) interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and
    g) use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website.

DISCLAIMER / LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur.

ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. I-XL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I-XL DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL I-XL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT, SERVICES OR ANY PRODUCT SAMPLE OBTAINED THROUGH THE WEBSITE, EVEN IF I-XL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PRODUCTS DISPLAYED ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS MAY BE CHANGED, SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.

ONLINE PURCHASES

Since computer monitors and colour perception will differ, all photographs should be considered as representative portrayals only. Stone is a natural product and varies in color, texture, and size depending on installation methods. Before ordering stone, we strongly suggest you obtain samples.

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 of Use. 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.

I-XL reserves the right, at their sole discretion, to refuse service and to terminate accounts if I-XL believes in its sole discretion that customer conducts violates applicable laws, these Terms of Use, or the privacy, or is harmful to the interests of I-XL, its subsidiaries, or its affiliates, or for any other reason.

I-XL reserves the right to limit the quantity of items purchased per person, per account, per household, and per order, as determined in its sole discretion. These restrictions may be applied to the same account, same credit card, and/or the same billing and/or shipping address.

An order acknowledgement via email is automatically generated and the receipt of such an acknowledgement does not guarantee the acceptance of an order.

All items and products purchased through the Website are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon I-XL’s delivery of the items or products to the carrier.

I-XL 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 and I-XL reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request. I-XL is not responsible and shall not be liable to you or anyone else for reliance upon the pricing or product information contained on the Website. 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. Without limiting the generality of any other terms and conditions regarding the supply of products and services, I-XL does not accept liability for any errors or omissions which may be found on the Website or for unavailability of any product. The information on this Website is based on the data available to I-XL when this Website was developed and is the best we were able to obtain overall. Despite the care taken by I-XL, errors may have occurred. No guarantee, implied or explicit, is made with respect to the I-XL Website and/or the information contained therein. For a precise description of any product, please refer to the text that appears in the description of the illustrated product. I-XL reserves the right to cancel an online order at any time without notice.

The prices of products featured on this Website may differ from the prices shown in stores for the same products. The prices of identical products may also vary by store. Any sales, revenue, excise, use or other taxes, duties, fees, tariffs or surcharges (collectively the “Taxes”) applicable to the products or its transportation, shipment, export (including export licenses) or import thereof shall be borne solely by you. 

You agree to inspect any products purchased through the Website at your expense and notify I-XL of any alleged discrepancy between the products as described on the Website and as received by you within three (3) working days after receipt of the products. In the absence of any such notice within the specified timeframe, you shall be deemed to have accepted such products. In the event I-XL determines, in its sole discretion, that the products do not conform to the descriptions on the Website, normal commercial variances excepted, you agree that your sole remedy shall be for I-XL to, at its option, either replace such products or refund the portion of the price applicable thereto.

Natural stone is a product of nature, and as such, is subject to natural variations. No two pieces of natural stone are alike. These characteristics are not flaws but a signature of authenticity. Thus, natural stone products tend to vary from shipment to shipment.  Natural variations will occur between samples and purchased products. You must inspect all materials prior to use to ensure satisfaction with purchased material (e.g. sizing, thickness, colour, veining etc.).  Absolutely no claims will be accepted for any reason after installation.

You acknowledge and agree that manufacturers’ warranties (as applicable) provided with respect to products purchased through the Website are sufficient and that I-XL has no additional warranty obligation. 

INDEMNITY

You agree to indemnify and hold harmless I-XL, its affiliates, and their respective directors, officers, employees, agents, service providers and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct.

In particular, you agree to indemnify and hold I-XL, its affiliates, and their respective directors, officers, employees, agents, service providers and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any Content or product shipped to you by I-XL. You understand and agree that I-XL is merely providing product samples to you as a service, and that I-XL has no control over, or responsibility for, the products themselves.

PRIVACY

I-XL respects your right to privacy of your personal information. Please review our Privacy Notice for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

CONTESTS

From time to time we may offer and/or co-sponsor contests or promotions on the Website. Each of these activities shall be governed by specific rules accessible from the pages of the Website offering the promotion or when you submit your entry.

CHANGES & TERMINATION

I-XL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, I-XL reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Updated” at the top of these Terms of Use. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from I-XL to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.

APPLICABLE LAWS

Unless the applicable laws of your jurisdiction, such as Quebec, require that the laws of your jurisdiction govern, these Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Vancouver, Province of British Columbia. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act. You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action.

These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and I-XL with respect to the use of the Website, including the Content. You agree that these Terms and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

FORCE MAJEURE

You agree that we are not liable for a delay or failure in performance of the any services, products or the provisions of these Terms of Use caused by reason of any occurrence of unforeseen events beyond our reasonable control, including but not limited to, acts of God, natural disasters, pandemics or epidemics, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.

WAIVER

No delay or omission by I-XL to exercise any right or power we have under these Terms of Use or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by I-XL must be in writing and signed by an authorized representative of I-XL.

SURVIVAL

To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, interpretative provisions, and your warranties and indemnities shall survive any termination of these Terms of Use.

SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms of Use, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of these Terms of Use shall be valid and enforceable to the extent permitted by law.

ASSIGNMENT

These Terms of Use is personal to you, and are not assignable, transferable, or sublicensable by you except with I-XL’s prior written consent. I-XL may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

ELECTRONIC DOCUMENT

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement.

NOTICE

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.

If you have any questions or comments regarding these Terms of Use please contact us at info@ixlbuild.com.

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