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Effective Date: May, 2015

MARKS SUPPLY Terms of Use

This website is provided by Marks Supply Inc. and its affiliates (collectively, “MARKS”, “we”, “us” or “our”). By accessing or using this website (the “Site”), you are indicating your acknowledgement and acceptance of these Terms of Use. These Terms of Use are subject to change by MARKS at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Review these Terms of Use regularly for changes before using or accessing the Site.

Content and Intellectual Property

For purposes of these Terms of Use, “Content” includes text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software and other information.

Content on the Site is proprietary information protected by copyright or trademark or otherwise unless otherwise expressly noted, and may not be used except as provided in these Terms of Use or with the prior written permission of MARKS and no license is granted to use any such proprietary information, whether by implication, estoppel or otherwise.

Third Party Trademarks

Trademarks displayed on this Site not owned by MARKS are the property of their respective owners, who may or may not be affiliated with MARKS. Nothing contained on this Site should be construed as granting any license or right to use any third party trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other Content on the Site is strictly prohibited, except as expressly provided in these Terms of Use.

Linked Sites

This Site may link to or be linked from other websites that are not maintained by, or related to, MARKS. MARKS does not endorse, and is not responsible for, the content of any third-party websites.

Restrictions on Use

Content on this Site and any other website owned, operated or otherwise controlled by MARKS, is the property of MARKS and/or third-party licensors and is protected by Canadian and international copyright laws. For purposes of these Terms of Use, any use or alteration of Content not expressly authorized by MARKS in writing is a violation of MARKS' intellectual property rights.

Content may not be copied, distributed, republished, uploaded, posted or transmitted for commercial use or general distribution or in any other way without MARKS' prior written consent, provided that:

  • Pages from the Site may be downloaded, printed, distributed and used by you for your own informational, non-commercial purposes.
  • Users may link to this Site, provided that the link does not state, imply or suggest that MARKS has endorsed the linked Site or is affiliated with it, unless MARKS has expressly agreed in writing to such endorsement or affiliation.
  • Any downloaded, printed, reproduced or copied pages from the Site must not be altered from the original Content as it appears on the Site and must include the MARKS copyright notice: © MARKS Supply Inc. All Rights Reserved.

Prohibited Uses

In using or accessing the Site, you shall at all times comply with our requirements regarding prohibited uses of the Site set forth below, as may be revised by us from time-to-time. From time to time, we will provide you with electronic notice, either by e-mail or Web posting on the Site, of the revision or update of prohibited uses. Your continued use of the Site after such posting or notice shall constitute your acceptance of the revision or update. Prohibited uses include the following:

  • posting or transmitting materials, e-mail or information of any kind that is or may be unlawful, harassing, threatening or abusive, defamatory, libelous, slanderous or scandalous, obscene, pornographic, profane or otherwise objectionable;
  • posting or transmitting materials, e-mail or information that may constitute an infringement upon the patents, copyrights, trademarks, trade secrets or other intellectual property rights of others;
  • posting or transmitting materials constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, provincial, national or international law, including without limitation, the Canadian export control laws and regulations;
  • attempting to 'hack' root or user logins on another system, machine, or network;
  • including any inappropriate third party advertising;
  • using the Site to commit fraud or engage in other misleading or deceptive activities;
  • monitoring gathering or copying any Content by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind;
  • framing or utilizing framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout);
  • engaging in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party;
  • attempting to circumvent the security systems of the Site;
  • - attempting to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any MARKS server;
  • attempting to use the Site for any purposes other than those intended by MARKS, as determined by MARKS in its sole discretion;
  • uploading or submitting any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment; and
  • engaging in any activity that interferes with a user’s access to this Site or the proper operation of this Site or impersonating any person or entity.

Content and functionality of the Site may be updated or changed at any time without prior notice. In addition, if MARKS becomes aware that you are copying, modifying or distributing Content outside of any permitted use, MARKS reserves the right to revoke your right to access or use the Site.

In addition to any other remedy that MARKS may have at law or in equity, terminate access to and permission for use of the Site or immediately remove the offending material, we may investigate incidents where we believe there have been prohibited uses of the Site and cooperate with law enforcement organizations, and provide requested information to third parties and law enforcement who have provided notice to us stating or claiming that they have been harmed by use.

If you wish to use Content on this Site other than for your own informational, non-commercial purposes, you must first secure written consent in order to use such Content, send a request with your proposed use to the email below or call the number below.

Disclaimer

MARKS cannot guarantee that the Site or its content is error free and MARKS makes no representations about the technical accuracy or functionality of the Site or that Content is accurate, error free or up to date.

THIS SITE IS PROVIDED BY MARKS ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. MARKS DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MARKS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT MARKS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. MARKS MAKES NO WARRANTIES THAT YOUR USE OF CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Limitation of Liability

Neither MARKS, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event shall MARKS be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if MARKS has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of these Terms of Use and your access or use of the Site and you acknowledge that MARKS would not grant access to the Site without your agreement to this term.

International Use

MARKS makes no representation that Content is appropriate or available for use in locations outside of Canada. Access to this Site is prohibited from countries or territories where such access is illegal or restricted. Anyone who chooses to access this Site outside of Canada is solely responsible for compliance with local laws.

Governing Law

You agree that your use of this Site, this Agreement and any disputes relating thereto shall be deemed to have been made under, and shall be governed by the laws of the Province of Ontario in all respects, including but not limited to matters of construction, validity and performance, without regard to principles of conflicts of laws. You agree that by accessing or using this Site, agree and consent to the jurisdiction of the federal and state courts in the Province of Ontario and agree that any litigation that may arise out of such use or access shall be tried solely by a court of competent jurisdiction in the Province of Ontario.

General Terms

MARKS' failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. We may assign our rights and duties under these Terms of Use to any person or entity at any time without notice to you. Should any provision of these Terms of Use be held to be unenforceable, the remaining provisions hereof shall remain in full force and effect.

Thank you for visiting our Site. You can contact us with questions or comments by e-mailing at: info@markssupply.ca or calling us on (888 578-5761 between 9.00am and 4.30pm (Monday to Friday, excluding public holidays).