Legal

​Disclaimers

You expressly understand and agree that:
1.     The Content and the Links are provided for informational purposes only.

2.     The Website, the Contents and the Links are provided on an “as is” and “as available” basis.

3.     Any use of, or reliance on, the Website, the Contents and/or the Links is at your sole risk.

4.     LEHIGH AND ITS LICENSORS, LICENSEES, AFFILIATES OR SUBSIDIARIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS DO NOT MAKE ANY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE CONTENT AND/OR THE LINKS INCLUDING, WITHOUT LIMITATION:
     a.     WARRANTIES OR CONDITIONS OF TITLE AND NON-INFRINGEMENT;
     b.    IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS 
          FOR A PARTICULAR PURPOSE AND SUITABILITY FOR A PARTICULAR PURPOSE;
     c.     WARRANTIES OR CONDITIONS THAT THE CONTENT WILL BE USEFUL OR MEET YOUR REQUIREMENTS
          OR EXPECTATIONS, THAT THE CONTENT WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, 
          ERROR-FREE, OR FREE OF DEFECTS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR 
          THAT THE RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE WEBSITE WILL BE COMPLETE, 
          ACCURATE OR RELIABLE;
     d.    WARRANTIES OR CONDITIONS AS TO PRIVACY OR SECURITY; AND
     e.     WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE
          OR USAGE OF TRADE, WITH RESPECT TO THE WEBSITE, THE CONTENT OR THE LINKS.
 
5.     No information, whether oral or written, obtained by you from Lehigh, its licensees or employees or from the Website, shall create any warranty not expressly stated in these Terms of Use.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL LEHIGH, ANY OF ITS LICENSORS, LICENSEES, AFFILIATES OR SUBSIDIARIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE WEBSITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE WEBSITE, ANY CONTENT OR ANY LINKS OR FAILURE OF THE WEBSITE OR ANY LINKS (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE WEBSITE, ANY CONTENT OR ANY LINKS OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE WEBSITE OR ANY LINKS).  THESE LIMITATIONS APPLY EVEN IF THE PARTY LIABLE OR ALLEGEDLY LIABLE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.  IN NO EVENT SHALL LEHIGH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.

You expressly acknowledge that Lehigh is entering into these Terms of Use and is making the Website, Content and Links available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the contract between you and Lehigh.  You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by Lehigh of your use of, or access to, the Website.

Guarantees

You represent and warrant that:
1.     You are an individual and over the age of majority in the jurisdiction in which you are resident.
2.     You are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal.
3.     You will use the Website only for your personal and internal commercial use and only as authorized by these Terms of Use.
4.     You are fully able and competent to enter into, and abide by, these Terms of Use.

Indemnity

You agree to defend, indemnify and hold harmless each of Lehigh, its licensors, licensees, affiliates, subsidiaries and each of their respective directors, officers, employees, and agents, including all third parties mentioned on the Website, from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to, or alleged to result from or relate to:
1.     your breach of any of these Terms of Use;
2.     your access to, use of or reliance on the Website and/or any of the Content, and/or any of the Links; or
3.     your communications or dealings with any third parties mentioned on the Website.

Changes to the Website

Lehigh may, at any time without notice or liability, and for any reason whatsoever, change, suspend or terminate any aspect of the Website including, without limitation, any of the Content and any of the Links.  Lehigh reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice or liability, but does not have a duty to do so.

Choice of Law

You agree that all matters relating to the use of the Website, including without limitation, any of the Content and/or any of the Links shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without reference to conflict of law principles.  Lehigh and you each agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta and to waive any objections based upon venue.

Privacy

Any of your personal information which Lehigh collects via the Website is subject to Lehigh’s Website Privacy Policy which is available at www.lehighhansoncanada.com and is incorporated by reference into these Terms of Use.

General

These Terms of Use (including the Website Privacy Policy and any agreement entered into with Lehigh regarding use or access to non-public portions of the Website) constitute the entire agreement between Lehigh and you with respect to your use of the Website including, without limitation, any of the Content and/or any of the Links.  These Terms of Use supersede all prior communications, representations or agreements, either oral or written, between Lehigh and its licensors, licensees, affiliates or subsidiaries and each of their respective directors, officers, employees and agents and you with respect to the Website.  Additional terms and conditions may apply when you use Content provided by any other user or third party or any of the Links.

If any section (or part thereof) of these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining sections (or parts thereof) of these Terms of Use, which shall remain in full force and effect.  Lehigh’s failure to insist upon or enforce strict performance of any section of these Terms of Use or any right shall not be construed as a waiver of any such section or right.

These Terms of Use shall enure to the benefit of Lehigh and its licensees, employees, subsidiaries and affiliates.  Lehigh may assign its rights and duties under these Terms and Conditions at any time without notice to you.  You may not assign your rights and duties under these Terms of Use to any individual or entity at any time.

Termination

You acknowledge and agree that Lehigh may, at any time without notice, in its sole and absolute discretion and without cause, suspend or terminate:
1.     your use of, or access to, the Website including, without limitation, any of the Content and/or any of the Links; or
2.     any of your registrations or subscriptions with the Website. 
You further agree that Lehigh will not be liable to you or any other person as a result of such suspension or termination.

Contacting Lehigh

Any communications to Lehigh in regards to these Terms of Use and/or the Website, may be made to:
Lehigh Hanson Materials Limited
Attention:
 Bill Parker
Address:
 8955 Shaughnessy Street, 
 Vancouver, BC V6P 3Y7
Phone:
 604-269-6575
Fax:
 604-231-0632
Email: