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Terms & Use

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Last updated: Nov 19, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Ontario, Canada
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Royal Roofing Inc., 570 Orwell St Unit 3, Mississauga, ON L5A 3V7.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Royal Roofing Inc., accessible from https://royalroofinginc.ca
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 0 CAD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

We collect certain data, including your IP address and device fingerprint, to enhance security, prevent spam, and ensure a safe and efficient user experience. We may use the contact information provided to send you promotional emails in the future. You can opt out of these communications at any time by following the unsubscribe link in the email or contacting us directly.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The interpretation, validity, effect, and enforcement of this Agreement, and any and all disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law. For greater certainty, the foregoing laws apply to the access and use of the services provided by Royal Roofing (in whole or in part) by you, notwithstanding your domicile, residency, or physical location, or the location of any Royal Roofing office or any User or any Representative of Royal Roofing or any User with whom you may communicate or deal. The services are intended for access and use only in jurisdictions where they may be lawfully provided for access and use in Canada (excluding the Province of Québec) and may not be accessed or used in the Province of Québec or in any jurisdiction where such access or use may be prohibited by law, including any jurisdiction that is subject to an embargo.

ARBITRATION. BY ENTERING INTO THIS AGREEMENT YOU UNCONDITIONALLY AND IRREVOCABLY WAIVE YOUR RIGHT TO BRING ANY CLAIM IN A COURT AND ACKNOWLEDGE AND AGREE THAT ANY AND ALL CLAIMS AND DISPUTES, INCLUDING STATUTORY AND CONSUMER PROTECTION CLAIMS AND DISPUTES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR IN RESPECT OF ANY LEGAL RELATIONSHIP ASSOCIATED OR DERIVED FROM THIS AGREEMENT WILL BE EXCLUSIVELY AND FINALLY RESOLVED BY BINDING AND CONFIDENTIAL ARBITRATION UNDER THE ARBITRATION RULES OF THE ADR INSTITUTE OF CANADA INC. (THE “ADRIC RULES”). THIS SECTION

WILL CONSTITUTE A SUBMISSION FOR THE PURPOSES OF THE ARBITRATION ACT, 1991 (ONTARIO). THE SEAT OF ARBITRATION WILL BE IN TORONTO, ONTARIO, AND THE LANGUAGE OF THE ARBITRATION WILL BE ENGLISH. IN THE EVENT OF A DISPUTE REQUIRING ARBITRATION, THE PARTIES WILL APPOINT ONE INDIVIDUAL AGREED UPON BY BOTH PARTIES TO SERVE AS SOLE ARBITRATOR TO ARBITRATE THE DISPUTE, AND IF THE PARTIES ARE UNABLE TO AGREE ON THE ARBITRATOR WITHIN 30 DAYS AFTER DEMAND FOR ARBITRATION IS MADE BY EITHER PARTY, THE ARBITRATOR WILL BE SELECTED IN ACCORDANCE WITH THE ADRIC RULES. THE ARBITRATOR WILL HAVE NO POWER TO AMEND OR RESCIND THIS AGREEMENT (IN WHOLE OR IN PART). ANY AWARD RENDERED PURSUANT TO SUCH ARBITRATION WILL BE FINAL AND BINDING ON THE PARTIES AND THERE WILL BE NO RIGHT OF APPEAL OF THAT DETERMINATION ON ANY GROUND. JUDGMENT UPON THE AWARD RENDERED IN ANY SUCH ARBITRATION MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR A JUDICIAL ACCEPTANCE OF THE AWARD AND ENFORCEMENT IN ACCORDANCE WITH THE ADRIC RULES AND AS THE LAW OF SUCH JURISDICTION MAY REQUIRE OR ALLOW. THE ARBITRATION AND THE DECISION AND AWARD OF THE ARBITRATOR WILL BE CONFIDENTIAL, EXCEPT TO THE EXTENT IT IS NECESSARY TO ENFORCE SUCH DECISION IN ANY COURT. UNDER THE ADRIC RULES, THERE ARE FEES ASSOCIATED WITH FILING FOR ARBITRATION IN RESPECT OF A DISPUTE AS SET OUT IN THE ADRIC RULES, AND UNLESS AND ONLY TO THE EXTENT THAT THE ARBITRATOR AWARDS OTHERWISE, EACH PARTY WILL PAY ITS OWN LEGAL FEES AND ONE-HALF OF ALL OTHER ARBITRATION EXPENSES AND COSTS, INCLUDING THE ADRIC FEES. NOTWITHSTANDING THE FOREGOING, THIS SECTION 17.10 WILL NOT LIMIT ROYAL ROOFING’S RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION PURSUANT TO SECTION 15.4 (INJUNCTIVE AND EQUITABLE RELIEF).

JURY TRIAL WAIVER. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU UNCONDITIONALLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY AND ALL DISPUTES ARISING FROM OR IN CONNECTION WITH THE SERVICES PROVIDED BY ROYAL ROOFING OR THIS AGREEMENT.

NO CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU UNCONDITIONALLY AND IRREVOCABLY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING IN RESPECT OF ANY AND ALL DISPUTES ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED BY ROYAL ROOFING. UNLESS AND ONLY TO THE EXTENT OTHERWISE EXPRESSLY AGREED TO IN WRITING BY ROYAL ROOFING, THE ADJUDICATOR OF ANY DISPUTE MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 90 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

© Royal Roofing Inc. 2008-2024