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Terms of use


PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU REGARDING YOUR USE OF THIS WEB SITE.


Welcome to claybrick.ca Terms of Use

Welcome to the "Terms of Use" that govern your use of our website, claybrick.ca, a web site ("Site") owned and operated by The Clay Brick Association of Canada ("The Clay Brick Association of Canada" / "we"). Our Terms of Use exempt The Clay Brick Association of Canada and other entities from liability and contains other important provisions that you should read. If you do not agree with each provision of these Terms of Use each time you use the Site, you should not use the Site. Each time you use the Site, the text of our Terms of Use as it then reads will govern your use. Accordingly, when you use the Site you should check the date of these Terms of Use and review any changes since the last version.


Limited License for Use of This Site

The Clay Brick Association of Canada authorizes you to view and download the materials at this Site for your personal use only if you are a consumer, or for the internal business use of your business only if you are accessing this Site on its behalf, provided that you retain all copyright, trademark and other proprietary notices contained in the original materials or on any copies of the materials. You may not create framed or deep links to this Site or any portion of this Site without express written permission from The Clay Brick Association of Canada.  


Termination of Use of This Site

If you breach any of these Terms of Use, your right to use this Site may be terminated. The Clay Brick Association of Canada also reserves the right in its sole discretion to suspend or terminate your authorization and password (if applicable) to use any services at this Site and to delete any one or more of your related accounts, with or without cause, immediately at any time, all without any notice or liability to you or any other person.  


Jurisdiction Limitations

The products referenced on this Site are intended to be used and available only to residents of Canada unless otherwise specified.


Links to Third Party Websites

This Site may contain links to other websites. These links are meant to enable access to publicly available information. We make no representation whatsoever about any other website which you may access through our Site. When you leave our Site, please understand that The Clay Brick Association of Canada has no control over the content of the linked website. In addition, these links are not a sponsorship, endorsement, approval or responsibility of The Clay Brick Association of Canada. The Clay Brick Association of Canada makes no representation or warranty as to any third party products or services. No rights to use or copy the information on any third party website are granted or implied.  


Disclaimer of Warranties

BY USE OF THIS SITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, The Clay Brick Association of Canada, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS AND DIRECTORS, EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF ANY SUCH CONTENT.


Limitation of Liability

IN NO EVENT WILL The Clay Brick Association of Canada, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS AND DIRECTORS, BE LIABLE UNDER ANY CLAIM WHETHER THE CLAIM SOUNDS IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR MISREPRESENTATION), BREACH OF STATUTORY DUTY, OR OTHER EQUITABLE OR LEGAL THEORY, FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY SUCH SITES.

ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THESE TERMS OF USE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER YOUR USE OF THIS SITE IN RESPECT OF THE RELEVANT MATTER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.


Login Names and Passwords

The Clay Brick Association of Canada may from time to time restrict access to the Site or any portion of it by use of a unique login name and password. The use of a password does not restrict access by The Clay Brick Association of Canada and its service providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized The Clay Brick Association of Canada representative. Also, passwords should be non-obvious, hard-to-guess, confidential and changed on a regular basis (for your own protection). You must log-out at the end of each session in which you accessed areas of our Site protected by login and password.

If passwords are used on our Site to allow you to gain access to special information or enter into transactions with us, we will take appropriate steps to keep this information well protected. However, you are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with these Terms of Use. You must immediately notify The Clay Brick Association of Canada at info@claybrick.ca if any of the following occur: any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised. We will not ask for your password in any unsolicited telephone call or e-mail.

The Clay Brick Association of Canada is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must respond promptly to all email and other correspondence from The Clay Brick Association of Canada, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Site.

The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk.


Site Security

You are prohibited from violating or attempting to violate the security of this Site, including without limitation

(a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access;

(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(c) attempting to interfere with the service to any user, host or network, including, without limitation, via means of submitting a virus to this site, overloading, "flooding," "spamming," "mail bombing," or "crashing";

(d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or

(e) forging any TCP/IP packet header or any part of the header information in any e-mail or news group posting. Violations of system or network security may result in civil or criminal liability.


Privacy Policy

We recognize that when you choose to provide us with information about yourself, you trust us to act responsibly. We have adopted a Privacy Policy to explain how we use your personal information. You should review our Privacy Policy before providing any personal data on this Site or by email to us. The Clay Brick Association of Canada may change the Privacy Policy from time to time in its sole discretion.  


Applicable Laws

THESE TERMS OF USE SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO WITHOUT REGARD TO ANY CONFLICTS OF LAWS RULES AND WITHOUT GIVING EFFECT TO ANY RULES OF PRIVATE INTERNATIONAL LAW OR CONVENTION OR OTHER PRINCIPLES GIVING RISE TO THE APPLICATION OF OTHER LAWS. THE PARTIES SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF THE PROVINCE OF ONTARIO.


Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, then the remaining provisions will remain in full force and effect. Instead of the invalid, illegal or unenforceable provision, the parties agree to be bound by a valid and enforceable provision that comes closest to what the parties intend commercially and any excessively broad provision will be construed by limiting and reducing it so as to be enforceable to the extent compatible with the applicable law as it should then be determined.


Survival


If you bring any action against The Clay Brick Association of Canada after these Terms of Use have for any reason been terminated, such termination will not affect or prejudice any rights or obligations which have accrued or arisen under these Terms of Use prior to the time of termination or which expressly or by their nature survive termination. Without limiting the generality of the foregoing, the following provisions will survive the termination of these Terms of Use for any reason: Confidentiality; Disclaimer of Warranties; Limitation of Liability; Applicable Laws.


Waiver

A waiver of any default, breach or non-compliance under these Terms of Use is not effective unless in writing and signed by The Clay Brick Association of Canada. No waiver will be inferred from or implied by any failure to act or delay in acting by The Clay Brick Association of Canada in respect of any default, breach, non-observance or by anything done or omitted to be done by you. The waiver by The Clay Brick Association of Canada of any default, breach or non-compliance under these Terms of Use will not operate as a waiver of The Clay Brick Association of Canada' rights under these Terms of Use in respect of any continuing or subsequent default, breach or non-compliance (whether of the same or any other nature).  


Successors and Assigns

These Terms of Use are to the benefit of, and will be binding on, the parties and their respective successors and permitted assigns; provided that you may not assign any of your rights or obligations hereunder without the prior written consent of The Clay Brick Association of Canada.


Entire Agreement

These Terms of Use, including the Privacy Policy, and any other terms incorporated by reference herein, constitute the entire agreement between The Clay Brick Association of Canada and you with respect to your use of the Site. They supersede any other agreement, whether written or oral, regarding your use of the Site and they cannot be amended by email or correspondence.  


Questions Regarding these Terms

By your use of the Site, you are bound by these Terms of Use. Questions regarding these Terms of Use should be directed to the claybrick.ca webmaster at info@claybrick.ca.

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