Last updated: February 12, 2016
In these Terms “we”, “our”, and “us” means the Fehr and Square and any of its subsidiaries, affiliates, related entities and assigns, as the case may be.
1. USE OF THE WEBSITE
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by these Terms (as it then reads), and you represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and any person you purport to represent. If you do not agree with each provision of these Terms, or you are not authorized to agree to and accept these Terms on behalf of the person you purport to represent, you may not access or use the Website.
3. USE OF THE WEBSITE AND INTELLECTUAL PROPERTY OF FEHR AND SQUARE AND OTHERS
The Website is made available to you for your lawful and personal use only. You may use the Website only in the manner described expressly in these Terms and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
The Website (including without limitation all content, page headers, custom graphics, button icons, scripts and the presentation, arrangement, coordination and selection of such items and other information in text, video, and graphical forms, images, icons, software, designs, applications, and other elements available on or through the Website) is our property or that of our suppliers or affiliates, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its contents, whether by estoppel, implication, waiver, or otherwise. Except as expressly permitted by copyright laws or as specifically permitted herein, the Website and Products and their respective contents may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without our express prior written consent or the written consent of owners of such content, as the case may be. For greater certainty, and without limitation, any resale or commercial use of the Website contents or Products purchased (other than the commercial use of a Product by a contractor building a home specifically permitted in Article 4 below), any collection and use of any product listings, descriptions, or prices, any derivative use of the Website, Products or their contents, any downloading or copying of customer or account information, or any use of data mining, robots, or similar data-gathering and extraction tools is strictly prohibited.
We may, in our sole discretion, enforce any of the copyright, trade-marks, patent or intellectual property rights licensed under these Terms against any unauthorized use by you or by a third party.
4. COPYRIGHT AND GRANT OF LICENCE FOR PRODUCTS PURCHASED
On the Website we sell a number of blueprints and plans for customers to use to construct a single family or multi-dwelling home (the “Products”). All Products displayed and offered for purchase on the Website have been created by Fehr and Square or its suppliers or affiliates and is our property or that of our suppliers or affiliates. All Products are protected by Canadian and international copyright, trademark and other laws. By purchasing the Product(s) from this Website, you are agreeing to be bound by the terms of the Grant of License set out below.
By purchasing one of our online Products, Fehr and Square, as licensor, thereby grants to you as the purchaser, the non-exclusive and non-transferable right and privilege to download one (1) copy of the Product so purchased and make use of the Product to build one home (or multi-unit dwelling, as the case may be) (the “Grant of License”). This is a grant of a license, not a transfer of title, meaning you have no ownership or proprietary rights in or to the Product and it is illegal to copy, sell or redesign the Products without authorization from Fehr and Square. As each license is for a one time use, it is essential to always purchase a new set of plans or license for each home (or multi-unit dwelling, as the case may be) that is built using the Products. For the purposes of this Grant of License, if you are an individual, you are permitted to provide the Product so purchased to all your contractors and trades as required to build the home, however, all such third parties who are provided with the Product are also bound by the terms of this Grant of License. The Products may be used for a commercial purpose insofar as they are purchased and used by a contractor for the sole purpose of a one-time construction of a single home (or multi-unit dwelling, as the case may be) for an end customer.
Under the Grant of License, you (and your contractors and trades) are expressly prohibited from doing the following:
a) Modifying the Product, except as necessary to comply with applicable laws and building codes or with our prior written consent;
b) selling, transferring, reproducing, publishing, disclosing, displaying or otherwise making available the Product to any other party (other than any contractors hired by you to build the home);
c) using or exploiting the Product for a commercial purpose (other than as expressly permitted above);
d) Remove any copyright or other proprietary notations from the Product; and
e) Transfer the Product to another person or “mirror” the materials in your possession whether in electronic or printed format.
This license shall automatically terminate if you violate any of the terms of this Grant of License. Upon our delivery to you of a written notice of such termination, you must destroy any downloaded Products in your possession whether in electronic or printed format. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS GRANT OF LICENSE, THAT YOU UNDERSTAND ITS TERMS, AND UNDERSTAND THAT BY CONTINUING THE PURCHASE OF AND DOWNLOADING THE PRODUCT, YOU AGREE TO BE BOUND BY THIS GRANT OF LICENSE.
5. MUNICIPAL COMPLIANCE AND ZONING
Before purchasing a Product it is your and your contractor’s responsibility to ensure the plan for the home being purchased is in compliance with all applicable local laws, including, without limitation, all municipal zoning regulations and minimum building codes. Fehr and Square hereby disclaims any and all liability for any non-compliance with local laws that may result from the use of its Products.
6. DELIVERY AND RETURN POLICY
Once you have purchased a Product on our Website an email will be delivered to the email address that you have provided in approximately One (1) day or less. You may download the purchased Product using the link provided in the email. This link will remain active for a period of Twenty Four (24) hours. If you have any issues receiving the email or downloading the Product please contact our customer support at ObscureMyEmail. All Products purchased are non-refundable and Products may not be returned for any reason whatsoever.
7. SOFTWARE AND OTHER SERVICES USED ON OUR WEBSITE
We and our partners use various technologies to collect and store information when you visit our website or use one of our services. This may include sending one or more cookies, java scripts, web beacons or anonymous identifiers to your device (“cookies”). A cookie is a small text file that our website can place on your computer’s hard drive. Using cookies we may collect information about your computer, including your IP address, operating system and browser type. We may also collect information on your use of our website such as the time that the current visit occurred, whether the visitor has been to the site before, what site referred the visitor to the web page and your usage patterns on our website including the time you spend on our website and which parts of our website you are visiting. This is statistical data about our users’ browsing actions and patterns. We do not collect personally identifiable information about you, including your name, address, phone number or email address using cookies. To the extent that you provide us with personally identifiable information, whether by creating a user account on our website or ordering products or services, this data is kept separate from and not merged with the data automatically collected by cookies. We may share aggregate data collected by cookies with
our partners, suppliers and other third parties.
Cookies are used to improve your experience on our website (e.g. to maintain a shopping cart or remembering your details and preferences when you return). We use this information to improve our website and to improve the user’s experience when using our website. You can set your web browser to block cookies, but doing so may affect your ability to access certain features of our website.
For confidentiality and security, all information provided to us on the Website is encrypted using Secure Sockets Layers (SSL). Our website also uses Google Analytics which is a web analytics tool utilizing first-party cookies to track visitor interactions with our website. Google Analytics customers can view a variety of reports about how visitors interact with their website that helps website owners better engage its visitors and improve its website. Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. You can also opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page.
8. THIRD PARTY CONTENT AND CONTENT LINKED TO THE WEBSITE
We or third parties may provide links to other websites or resources located on the internet by allowing a user to leave the Website to access third-party material or by bringing the third party material into the Website via "inverse" hyperlinks and framing technology. These links are provided to you as a convenience and for information only, and the inclusion of any link does not imply our endorsement of the subject website. You agree that any external website or resource that you access through the Website is done so at your own risk. You further acknowledge and agree that we are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources and that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
9. DISCLAIMER OF WARRANTIES
THE WEBSITE AND ANY MATERIALS, CONTENT, PRODUCTS OR SERVICES OFFERED THEREON ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS WHETHER EXPRESS OR IMPLIED IN CONNECTION WITH THE WEBSITE AND ANY MATERIALS, CONTENT, PRODUCTS AND SERVICES OFFERED THEREON, INCLUDING WITHOUT LIMITATION, FOR ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, TIMELINESS AND PERFORMANCE THEREOF; THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS; AND FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU IN ANY AMOUNT GREATER THAN THE LESSER OF: I) THE PURCHASE PRICE PAID BY YOU FOR
ANY PRODUCT OR SERVICE MOST RECENTLY PURCHASED FROM THE WEBSITE, OR II) FIFTY DOLLARS ($50.00) (THE “LIABILITY LIMIT”). YOU EXPRESSLY AGREE THAT OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED THE LIABILITY LIMIT FOR ANY AND ALL CLAIMS OR LOSSES YOU SUFFER AS A RESULT OF OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE AND ANY CONTENT, PRODUCTS AND SERVICES OFFERED THEREON OR PURCHASED BY YOU. THIS INCLUDES WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, AND DAMAGES FOR LOSS OF DATA OR PROFIT OR DUE TO BUSINESS INTERRUPTION (EVEN IF WE HAVE BEEN ADVISED OF OR WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
11. INDEMNITY AND RELEASE
By using the Website or purchasing our Products or Services you agree to release us and our partners, any party controlled by or under common control with us and our and their respective, officers, employees, and licensors and indemnify and hold us and them harmless from any and all third party claims, claims by you, demands, debts, obligations, damages (actual or consequential), costs, including legal fees, of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against us or that we may suffer arising from your use of the Website, including without limitation your use of
any Products and Services, regardless of whether such use is authorized by you. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES AS PROVIDED IN THESE TERMS.
12. CHANGES IN WEBSITE, TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
We reserve the right, at any time in our sole discretion, to modify these Terms without notice or liability to you. By using the Website after revised Terms have been posted you signify your acceptance and agreement to be bound by the revised Terms. Please review these Terms from time to time so you will be apprised of any changes. All provisions of these Terms which impose obligations continuing in their nature will survive the termination of these Terms or the Website, as the case may be.
We reserve the right, at any time in our sole discretion, to modify, remove, suspend or discontinue, with or without notice or any liability to you: i) the Website or any part of it, or any of its content; ii) any service, feature or Product offered through the Website; and iii) any offer of opportunities or promotions to some or all users of the Website.
13. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. We cannot guarantee availability of any Product through the Website. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice to you (including after you have submitted an order or purchase).
14. PROMOTIONS OR CONTESTS
Contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") may be made available through the Website which may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms. To the extent that the terms and conditions of such Promotion conflict with these Terms, the terms and conditions of such Promotion will govern.
15. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
These Terms are be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable. Any disputes or claims (“Claim”) whatsoever between us and you will be referred to and determined by arbitration to the exclusion of the courts. If you have a Claim you should give written notice to arbitrate to us at:
Attention: Rory Fehr
You agree to waive any right you may have to commence or participate in any class action against us related to any Claim, where applicable you also agree to opt out of any class proceedings against us. If we have a Claim, we will give you notice to arbitrate at your billing address. Arbitration of Claims will be conducted in the Province of Alberta by one arbitrator pursuant to the laws and rules relating to arbitration in the Province of Alberta that are in effect on the date of the notice to arbitrate.
16. ENTIRE AGREEMENT
17. NON-WAIVER AND SEVERABILITY
Our failure to exercise any right or provision of these Terms will not constitute a waiver of such right or provision. If an arbitrator or court of competent jurisdiction holds any provision of these Terms to be invalid, then the provision will be deemed to be severed from these Terms and the remaining provisions will continue in full force and effect and the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision.
18. SUCCESSORS AND ASSIGNS
You agree that we may assign all or part of these Terms without such assignment being considered a change to these Terms and without providing notice to you. You agree that we will be released from all liability upon assignment and thereafter the assignee will have the same rights and obligations as we previously had.
19. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms or any other right of ours, we reserve the right to pursue any and all legal and equitable remedies against you and we reserve the right to ban you, in whole or part, temporarily or permanently, from any access to or use of the Website including but not limited to prohibiting or preventing you from ordering, purchasing or otherwise utilizing any Product or Service offered through the Website.