Last updated: January 2020
NEXT PLUMBING & HYDRONICS SUPPLY INC. WEBSITE TERMS AND CONDITIONS OF USE
If you are accessing our website on behalf of a body corporate (which includes a company or other organization with legal personality wherever or however incorporated), a partnership, a trust, a joint venture or an incorporated association or organization (the “Company”), by accessing our website, you represent and warrant that you are authorized to accept these terms on behalf of the Company and bind such Company.
Please note that your use of this website constitutes your unconditional agreement to follow and be bound by these terms and conditions of use. Although you may “bookmark” a particular portion of this website and thereby bypass this page, your use of this website still binds you to these terms and conditions of use. Next Supply reserves the right to update or modify these terms and conditions of use at any time without prior notice. Your continued use of this website following any such change constitutes your unconditional agreement to follow and be bound by these terms and conditions of use, as amended. For this reason, we encourage you to review these terms and conditions of use whenever you use this website.
Welcome to the corporate website for Next Plumbing & Hydronics Supply Inc., its subsidiaries and affiliates (“Next Supply”, “we”, “our”, “us”).
1. PROPRIETARY CONTENT
All content included on this website, such as text, graphics, photos, logos, button icons, images, digital downloads, data compilations, software, names, designs, illustrations, information, photographs, artwork, video, audio, code, displays, the websites “look and feel”, slogans, trade-marks, trade names, service marks, domain names and the design, selection, arrangement and the presentation of the website as a collective work and/or compilation (collectively, the “Content”) is the exclusive property of Next Supply or its licensors or other content suppliers and is protected by Canadian and international copyright laws. Except as expressly provided in these terms and conditions of use, nothing contained on this website or in these terms and conditions of use should be construed or interpreted as granting or creating, by implication, estoppel, or otherwise, any license or right to use or duplicate any trade-mark, service mark, or any other intellectual property of Next Supply or its licensors or other content suppliers. Next Supply reserves all of its rights, title and interest in and to the website, including all intellectual property and other proprietary rights.
Notwithstanding the generality of the foregoing, the name “NEXT”, the NEXT word mark and logo or other formatives or derivatives thereof may not be used by you in any way, including in advertising or publicity pertaining to the distribution of materials on this website, without the prior written consent of Next Supply. The use of the NEXT logo as part of a link to or from any website is prohibited unless the establishment of such a link is approved in advance by Next Supply in writing. Other products or entity names mentioned in this website may be the trademarks of their respective owners.
We may, from time to time, provide you with information, documents or resources, verbally, electronically or written (collectively, “Documentation”) owned by us or licensed to us which are protected under copyright, trade-mark, patent and other intellectual property rights. All content in the Documentation, including the collection, arrangement, and assembly of such content, is our exclusive property or licensed to us. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in anyway, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Documentation or content in the Documentation, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without our prior written consent. You must not permit, allow or do anything that would infringe or otherwise prejudice our proprietary rights or allow any third party to access the Documentation. The restrictions set out in these terms and conditions of use do not apply to the limited extent the restrictions are prohibited by applicable law.
2. RESTRICTIONS ON USE
You may not modify, copy, duplicate, print, archive, distribute, transmit, display, perform, reproduce, modify, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, publish, license, create derivative works from, re-post, make available to any person, transfer, sell or otherwise use all or any portion of this website without the prior written consent of Next Supply. Subject to the foregoing, you may view and print the content of this website for use which is strictly private, personal and non-commercial.
You may not and may not authorize any other party to: (i) co-brand our website; (ii) frame our website; or (iii) hyperlink to our website without the express prior written permission of an authorized representative of Next Supply. For the purposes of these terms and conditions of use, “co-branding” means to display any name, logo, trade-mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our website or which may confuse a user as the nature of the relationship between us and any party. You will cease and desist causing any unauthorized co-branding and framing or hyperlinking upon notice from us and at all times you will cooperate with us following our discovery of any such illegal activity.
Next Supply may, at any time and without notice to you, suspend, disable, limit or terminate access or use of all or part of the website for any reason and without any liability to you whatsoever. While Next Supply takes great care to ensure the website is accurate, errors and/or inaccuracies may occur. Next Supply may change or update information on the website at any time without notice. We make no representations that the website is compatible with, or will function or operate with your device or equipment.
4. LINKS TO THIRD PARTY WEBSITES
You understand that you have no proprietary rights in the content of the Third Party Sites and that the owners of the Third Party Sites retain all proprietary right, title or interest, including copyright, in their respective Third Party Sites.
You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the content on the Third Party Sites, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the owners of the Third Party Site. You must use your best efforts to stop any such copying or distribution immediately after you become aware of such use.
5. USER CONTENT
By using our website, you may have the opportunity to post, upload or otherwise make available content (such as data, text and any information or materials) to the website (“User Content”). You agree to only upload User Content to which you own all proprietary right, title and interest, or have a license or written consent from the owner to upload such User Content to our website.
If you upload User Content that is the personal information of a third party, you agree that you will only do so after you have obtained consent to do so in accordance with applicable privacy laws. You hereby confirm that any and all User Content provided by you to us complies with all applicable laws.
6. USE OF OUR WEBSITE
We expect that you will access and use our website in a professional, responsible and business-like manner in accordance with applicable laws. By using our website, you have the opportunity to engage in dialogue with representatives of Next Supply if you send us emails or contact us through our website. We welcome your questions, suggestions, ideas and other information (collectively “Suggestions”) that you communicate to us so long as any such Suggestions, User Content or interaction is not obscene, illegal, threatening, defamatory, libellous, harmful, abusive, harassing, tortuous, homophobic, sexist, vulgar, obscene, hateful or racially, ethically or otherwise objectionable, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties. You are not obligated to provide us with Suggestions regarding our website. However, if you do provide us with Suggestions, then we retain all rights to any Suggestions that you may provide to us and you agree to grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use your Suggestions in any commercial manner.
You further agree that you must use our website for lawful purposes only and represent and warrant that you will not use our website to:
(i) e-mail, provide us with or otherwise transmit any Suggestions or User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(ii) e-mail, provide us with or otherwise transmit any Suggestions or User Content that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
(iii) remove any proprietary notices or labels, or any promotional or advertising material, from our website;
(iv) e-mail, transmit or send via the Internet any unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(v) impersonate any person or entity or misrepresent your affiliation with any other person, company or entity, including without limitation, using a false email address or misleading us as to your identity when you are on our website or otherwise communicating with us;
(vi) upload, e-mail, send via the Internet or otherwise transmit, any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the website’s infrastructure or limits the functionality of any Next Supply or third party computer hardware, software, networks, or hardware or telecommunications equipment;
(vii) interfere or attempt to interfere with or disrupt our website including but not limited to our servers or networks connected to our website, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” our website or disobeying any requirements, procedures, policies or regulations of networks connected to our website;
(viii) direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices;
(ix) intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with our website or any User Content;
(x) modify, adapt, assign, copy, sublicense, translate, rent, sell, reverse engineer, decompile or disassemble any portion of our website;
(xi) collect, use, disclose, store or distribute any User Content or other personal information of a third party without their express consent;
(xii) transmit any information or User Content known by you to be false, inaccurate or misleading; or
(xiii) transmit any information or User Content that is intimate, private or that you would not want the public to view or have access to.
7. NO WARRANTIES; LIMITATION OF LIABILITY
You understand that we cannot and do not guarantee or promise any specific and intended results, including but not limited to financial or commercial, from the use of our website, Content or Documentation. You also understand that our website, Content and Documentation is provided for your own convenience and is for informational purposes only. You acknowledge that any reliance on our website, Content and Documentation will be at your own risk and that you must evaluate and bear all risks associated with the use of our website, Content or Documentation. YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF AND RESULTS FROM USING OUR CONTENT, DOCUMENTATION, OR THE WEBSITE.
We do not represent or warrant that files or information available for access or downloading from the Internet, hyperlinked websites, our website or any files and emails from us will be free of viruses, worms, malware, Trojan horses or other code that may manifest contaminating or destructive properties. YOUR USE OF THE INTERNET IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM ANY INTERNET ACCESS OR OUR DOCUMENTATION, CONTENT OR WEBSITE.
Next Supply does not make any representation about the suitability of products and services which may appear on this website. This website, the Content and the Documentation is provided on an “as is” basis without representation or warranty of any kind, express or implied. To the greatest extent permitted by applicable law, Next Supply specifically disclaims all warranties and conditions of any kind with respect to this website and/or the products and services which appear on it or which are otherwise available for sale or supply by Next Supply, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement or those arising out of a course of dealing or trade.
Next Supply is not responsible or liable for any errors or omissions in the website, Content or Documentation, for your action or inaction in connection with this website, the Content or Documentation or for any damage to your computer or data or any other damage you may incur in connection with the use of this website, the Content or Documentation. Next Supply does not provide any representation, warranty, guarantee or other assurance as to the operation, quality or functionality of this website and access to this website may be interrupted, restricted or delayed at any time and for any reason. Your use of this website, Content and Documentation is at your own risk.
IN NO EVENT SHALL NEXT SUPPLY, ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, ADVISORS OR AGENTS (“ASSOCIATED PERSONS”) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, LIQUIDATED OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME OR PROFITS, LOSS OF OPPORTUNITIES OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) YOUR USE OF OR RELIANCE ON ANY INFORMATION PROVIDED BY US ON OUR WEBSITE OR STATED IN OUR CONTENT AND DOCUMENTATION; (II) YOUR USE OF OR INABILITY TO USE OUR WEBSITE, CONTENT AND DOCUMENTATION; (III) YOUR VIOLATIONS OF TRADEMARK INFRINGEMENT OR OTHER INTELLECTUAL PROPERTY RIGHTS; (IV) ANY FAILURE OF PERFORMANCE OF OUR WEBSITE, CONTENT OR DOCUMENTATION, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; (V) ANY THIRD PARTY CONTENT OR HYPERLINKED WEBSITES; OR (VI) ANY OTHER MATTERS RELATING TO OUR WEBSITE, CONTENT AND DOCUMENTATION, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT WE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES. THE LIMITATIONS ON NEXT SUPPLY’S LIABILITY OR THE LIABILITY OF ASSOCIATED PERSONS TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT NEXT SUPPLY OR SUCH ASSOCIATED PERSONS HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
WE EXPRESSLY DISCLAIM ANY AND ALL SUCH ABOVE REPRESENTATIONS, WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree at all times to defend, indemnify and hold harmless Next Supply, its employees, contractors, agents, officers, directors, successors and assigns (the “Indemnified Parties”) from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of our website, Content or Documentation, or from your violation of these terms and conditions of use, including your failure to appropriately obtain consent from a third party. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of our website, Content and Documentation, including but not limited to trademark infringement or other intellectual property claims from third parties.
9. SYSTEM SECURITY
You are prohibited from using any services or facilities provided in connection with our website to compromise security or tamper with our system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. We reserve the right to investigate suspected violations of these terms and conditions of use and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to be violating these terms and conditions of use.
10. SOCIAL MEDIA
acknowledge and agree that these terms and conditions of use shall remain in
effect for so long as you use our website, Content or Documentation. You agree
that these terms and conditions of use can only be terminated by you once you
have stopped using our website, Content or Documentation. We reserve the right
to suspend or terminate your use of our website, Content or Documentation and
remove and discard any information related to you and your use of our website,
Content or Documentation at any time, for any reason, with or without cause, if
we believe that you are violating these terms and conditions of use in any way. If you wish to terminate your
account, you may choose to cease use of the website or to send us notification
by email to our Chief Privacy Officer
at email@example.com. If you are dissatisfied with our website, Content or Documentation, including these terms and conditions of use, your sole remedy is to discontinue using our website, Content or Documentation.
12. GOVERNING LAW; LEGAL NOTICES
This website, the information herein, the Content, the Documentation, the use of this website and these terms and conditions of use are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. Youhereby consent to the exclusive jurisdiction and venue of the courts in Toronto, Ontario, Canada in all disputes arising out of, relating to or otherwise concerning this website and/or these terms and conditions of use. This website is intended to be made available for residents of Canada only. Any use of this website in contravention of these terms and conditions or applicable laws is at your own risk. Your use of our website and Documentation is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use our website, Content or Documentation in any such circumstances.
13. GENERAL PROVISIONS
(a) If any part of these terms and conditions of use is invalid or unenforceable pursuant to applicable laws, the invalid or unenforceable provision will be deemed to be severed from these terms and conditions of use without affecting the remainder hereof or superseded by a valid and enforceable provision that most closely matches the intent of the original provision.
(b) You agree that Next Supply may at any time and without notice change the terms, conditions and notices under which this website is offered.
(c) You agree that no joint venture, partnership, employment or agency relationship exists between you and Next Supply as a result of this agreement or your use of this website.
(d) You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without our prior written consent. Next Supply may assign these terms and conditions of use and the rights and obligations granted hereunder without your consent.
(e) We will not be considered to have waived any of our rights or remedies described in these terms and conditions of use unless the waiver is in writing and signed by us. No delay or omission by us in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these terms and conditions of use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these terms and conditions of use.
(f) The performance of these terms and conditions of use by Next Supply is subject to existing laws and legal process and nothing contained in these terms and conditions of use is in derogation of the rights of Next Supply to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Next Supply with respect to such use.
(g) The headings used in these terms and conditions of use are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these terms and conditions of use.
(h) You agree that English will be the language of our website and of all transactions occurring in connection with our products and services, and you agree to waive any right to use and rely upon any other language or translations. You acknowledge that it is your express wish that these terms and conditions of use have been drawn up in English. C’est la volenté expresse des parties que la présente convention ainsi que tous les documents legales qui s’y rattachent soient rédigés en anglais.
These terms and conditions of use were last modified on January 27, 2020.
Copyright © 2020 Next Plumbing and Hydronics Supply Inc. All rights reserved. Next Supply and the Next family of trademarks and logos are registered trademarks of Next Plumbing and Hydronics Supply Inc.