Terms of Use

Advisory

The Website's mission is to assist users in the building of their deck. It is up to the stakeholders to complete properly every step of the construction.

Although ABC Deck strives to use its best efforts to keep the Website secure and maintain its integrity, ABC Deck makes no warranty.

ABC Deck is not a deck construction business and offer no related services.

You are responsible for complying with the municipal bylaws in force in your area and ABC Deck disclaims any liability for your use of the web application.

No Advice

From time to time, the Website may provide information on the various aspects of building a deck. Such information is provided solely for educational purposes and shall in no event be construed as advice, an opinion, recommendation or action plan. The Website and its use are not intended as a substitute for and do not replace consultation with a qualified professional, where applicable.

Acceptance of Website Terms of Use

Whenever you browse the Website or use any of the Services, you agree to be bound by the Website Terms of Use. If you do not want to accept the website terms of use, you should not use the website or the services. ABC Deck may amend the Website Terms of Use at any time, at its complete discretion. Your use of the Website and/or the Services, after an amendment has been posted, shall be deemed to signify your acceptance of the revised Website Terms of Use. We ask that you review this page at regular intervals.

Cancellation

ABC Deck reserves the right to cancel the Website Terms of Use and/or your right to browse and use any or all of the Website or Services, without notice, at its complete discretion.

Copyright

All articles, text, illustrations, graphics, images, photographs, information, audio or video clips, software and codes available on the Website (the "Content"), including the manner in which the Content is presented, are protected by Canadian and foreign law, including copyright law, and belong to ABC Deck, its affiliates, licensors and/or the party acknowledged as the Content supplier.

Without limiting the generality of the foregoing, ABC Deck owns the copyrights in all photographs posted on the Website and/or taken by ABC Deck, its employees, representatives, mandataries, agents, and/or licensors.

All software integrated in or found on the Website, including, in particular, any type of machine code, including all of the files and/or images contained in or generated by such software, is protected by copyright and may be protected by other laws. All such software belongs to ABC Deck, its affiliates or licensors.

You shall not: (i) use, copy, modify, adapt, translate, download or transmit all or any part of the software; (ii) sell, lease, license or assign the software or otherwise allow access thereto; (iii) modify, remove or cover any trade-mark or proprietary notice included in the software; or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Website and its components, including, in particular, the software, or help anyone do so.

Trade-marks

ABC Deck trade-marks are used under licence. Other names, words, title, phrases, logos, drawings, graphics, icons and trade-marks posted on the Website may constitute trade-marks of ABC Deck or of a third party. Nothing on the Website shall be construed as granting you any licence or right of use of any logo, drawing or trade-mark of ABC Deck or a third party.

Disclaimer of Liability

The website, services and content are provided "as is" and "as available". You browse and use the website and its functionalities at your own risk. ABC Deck makes no representation or warranty regarding the website, the services or the content. ABC Deck assumes no responsibility for any misleading content or incorrectly listed information.

ABC Deck assumes no liability for the failure to build or complete your deck.

ABC Deck, its affiliates, their directors, employees, mandataries, agents, and licensors, including their respective successors and assigns, shall under no circumstances be liable for damage of any kind, including indirect, special or fortuitous damage, arising directly or indirectly from the use or performance of the website, the services or the content contained thereon or on any other site you may link to through the website, even if they were or should have been aware of the possibility of such damage.

ABC Deck, its affiliates, their directors, employees, mandataries, agents and licensors, including their respective successors and assigns, disclaim any liability for the acts, omissions or conduct of any third party using the website and its functionalities or that of any advertiser or sponsor on the website ("third-party users") and shall in no event be liable for any harm, loss or damages (including special, indirect or incidental damages) or costs arising in any manner from (i) the acts, omissions or conduct of a third-party user; or (ii) the use of or inability to use anything or any software, content, goods or services on or offered through a site linked to the website.

Links to Third-Party Sites

The Website contains links to third-party sites (the "Third-Party Sites") which will direct you away from the Website. ABC Deck provides these links for your convenience. The Third-Party Sites are not under ABC Deck's control and the links shall not be construed as approval or an endorsement of their content by ABC Deck. ABC Deck shall not be liable for the content of Third-Party Websites, the links they contain or any changes or updates made to them, and ABC Deck makes no warranty in that respect.

Links to Website

ABC Deck encourages links to the Website. However, it does not wish to be linked to any Third-Party Site which (i) contains content constituting or promoting conduct that would constitute a criminal offence, incur civil liability or otherwise violate any laws or regulations, whether local, state, provincial, national or international, which might harm or hinder the activities, credibility or integrity of ABC Deck, or which contains, posts or transmits any material or information that transgresses the moral and/or legal standards of Canadian society; or (ii) contains, posts, or transmits any information, software or other material that violates or infringes the rights of others, including material that constitutes an infringement of privacy or the right of publicity, or which is protected by copyright, trade-mark or other proprietary right. ABC Deck reserves the right to ban or refuse to accept a link to the Website at its complete discretion at any time. You agree to remove any link you may have to the Website at ABC Deck's request.

Monitoring

You acknowledge that ABC Deck has no obligation to monitor the Website or any of the content accessible via the Website. However, you acknowledge that ABC Deck has the right to monitor the Website electronically, at its complete discretion, and to disclose any information necessary in order to comply with any law, regulation or government request, in the interest of operating the Website properly or protecting itself or its users pursuant to the Privacy Policy.

Indemnification

You agree to indemnify, hold harmless and defend ABC Deck, its affiliates, their directors, employees, mandataries, agents, and licensors, including their respective successors and assigns, from and against all claims, demands, liability, costs or expenses of any nature, including legal fees and disbursements arising directly or indirectly from: (i) your violation of the Website Terms of Use; (ii) your browsing, use or inability to browse or use the Website and/or the Services or any site to which the Website is or may be linked from time to time; (iii) your use of publications, communications, distributions or downloads of any nature via the Website and/or the Services, or your reliance thereon; and/or (iv) your violation of the applicable legislation or regulations. You agree to cooperate with us in contesting any claim.

Governing Law

Your use of the Website and Services, the Terms and Conditions of Service and the Website Terms of Use shall be governed by the laws of the Province of Quebec and the laws of Canada, regardless of conflict of law principles. You hereby acknowledge that any litigation arising from or related to your use of the Website or Services, the Terms and Conditions of Service or the Website Terms of Use shall be subject to the jurisdiction of the courts of the District of Montreal, Province of Quebec. You acknowledge that the United Nations Convention on Contracts for the International Sale of Goods does not apply.