Terms of Use

WEBSITE TERMS AND CONDITIONS OF USE

THESE WEBSITE TERMS AND CONDITIONS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE.

Last Update: November, 2014

Acceptance of Terms and Conditions of Use

Lehigh Hanson Materials Limited (“Lehigh”) provides this website and the E-Business Customer Portal accessible through this website (together, the “Website”) to users (referred to as “you” throughout these Terms of Use) subject to their acceptance of the following terms and conditions of use (“Terms of Use”). By accessing the Website, you agree to be bound by these Terms of Use without limitation or qualification. If you do not agree to be bound by these Terms of Use, you must not access or use the Website.

Lehigh may, at any time, without notice or liability, revise these Terms of Use by updating this posting. You should periodically revisit this posting to review any revisions to these Terms of Use. If any revision is not acceptable to you, you must cease accessing and using the Website. If you continue to access or use the Website after any revisions are posted you will be deemed to have accepted those revisions.

Use and Restrictions

You may access and use the Website and the information, features and services thereon (collectively, the “Content”) only in accordance with all applicable laws and regulations and these Terms of Use.

Subject to these Terms of Use, Lehigh grants you a non-exclusive, non-transferable, revocable licence to use the Website and the Content solely for your own personal use or for the internal purposes of your business. Content may be printed, copied or saved onto your own computer for your own personal use or for internal business purposes, provided, however, that such printing, copying or saving is done only on an occasional, limited basis and is not for the purposes of selling information.

Except as otherwise provided herein, you must not, directly or indirectly, print, copy, reproduce, save onto your own computer, modify, translate, merge with other data, frame in another website, post on another website, or otherwise use the Content for any public, commercial or non-personal purpose. You must not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense the Content to another individual or entity.

Lehigh and its licensors, licensees, affiliates or subsidiaries and each of their respective directors, officers, employees and agents are not responsible or liable, directly or indirectly, in any way for the accuracy, relevancy, completeness or timeliness of the Content. You agree that all risk associated with your use of, or reliance on, any Content rests with you. You further agree that Lehigh and its licensees, affiliates or subsidiaries and each of their respective directors, officers, employees and agents shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any Content.

Intellectual Property Rights

The Website and all of the Content (including the organization and layout of the Website and all software used in connection with the Website) are, and at all times remain, the property of Lehigh. The Website and all of the Content are protected by intellectual property rights owned by Lehigh. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content. Note that any Content not owned by Lehigh may be subject to additional restrictions.

Certain names, graphics, logos, icons, designs, words, titles and phrases on the Website constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of Lehigh (the “Lehigh IP”) or third parties (the “Third Party IP”). Lehigh at all times remains the sole owner of the Lehigh IP.

The display of the Content, the Lehigh IP and the Third Party IP on the Website does not convey or create any licence or other rights in any of the Content, the Lehigh IP or the Third Party IP. You acknowledge and agree that you do not acquire:

  1. any ownership rights in any of the Content, the Lehigh IP or the Third Party IP;
  2. any right to use any of the Content, the Lehigh IP or the Third Party IP for non-internal commercial purposes including sale, resale, licence or sublicense; or
  3. any right to reproduce, distribute, display, post, disseminate, publish, broadcast, or transfer any of the Content, the Lehigh IP or the Third Party IP, except as explicitly provided in this Agreement.

Use of any of the Content, the Lehigh IP or the Third Party IP, without the prior written consent of Lehigh, or the applicable licensee, employee or third party, is strictly prohibited.

Third Party Websites and Content Linked to the Website

The Website may contain links to third party websites or content posted on third party websites (the “Links”). Lehigh provides the Links only as a convenience to help you identify and locate other Internet resources that may be of interest.

You acknowledge that in providing the Links, Lehigh:

  1. does not endorse any third party website or content accessible via the Links;
  2. does not act as an editor, publisher or disseminator of any content accessible via the Links and does not control or monitor any third party website;
  3. does not make any representation or warranty of any kind regarding the Links;
  4. is not responsible, directly or indirectly, in any way for the accuracy, relevancy, completeness, timeliness or legality of any content accessible via the Links; and
  5. is not responsible, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any of the Links.

You agree that you are solely responsible for:

  1. taking all protective measures to guard against viruses and other destructive elements;
  2. abiding by the terms and conditions of use and the privacy policies posted at the third party websites; and
  3. evaluating the content accessible via the Links and bearing all risks associated with your use of, and reliance on, any such content.

Links to the Website on Third Party Websites

If you want to include a link to the Website on your website (the “Third Party Link”), you must:

  1. provide Lehigh with prior written notice describing the nature and features of your website and the proposed appearance and location of the Third Party Link; and
  2. obtain the prior written consent of Lehigh to establish the Third Party Link and abide by any terms and conditions required by Lehigh as part of its consent.

Lehigh may at any time, in its sole and absolute discretion, revoke its consent to establish a Third Party Link, with or without cause, upon reasonable notice to you. Upon exercise of this right by Lehigh, you must immediately remove all of your links to the Website and must cease all use of the Lehigh IP. If you refuse or neglect to remove all of your links to the Website or to cease using the Lehigh IP, you acknowledge that such refusal or neglect will result in immediate and irreparable damage to Lehigh and that Lehigh shall be entitled to relief in the way of temporary and permanent injunctions and such other and further relief as a court may deem just and proper.

Lehigh is not responsible or liable, directly or indirectly, in any way for any content available on a third party website that has established a link to the Website.

Registration, Account and Password

Certain Content on the Website may require registration or subscription. Should you choose to register or subscribe for any such Content, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete.

You agree to be responsible for:

  1. maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription process; and
  2. all activities that occur under your account or password.

You further agree to:

  1. notify Lehigh immediately of any unauthorized use of your password or account; and
  2. ensure that you log out of your account and close your browser window upon completing your use of the Website.

Lehigh shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of these Terms of Use.

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:
    1. WARRANTIES OR CONDITIONS OF TITLE AND NON-INFRINGEMENT;
    2. IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND SUITABILITY FOR A PARTICULAR PURPOSE;
    3. 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;
    4. WARRANTIES OR CONDITIONS AS TO PRIVACY OR SECURITY; AND
    5. 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:Christa Broadfoot
Address:12640 Inland Way, Edmonton, AB T5V 1K2
Phone:(780) 420-2500
Fax:(780) 420-2550
Email:[email protected]