PLEASE READ THE FOLLOWING CAREFULLY
- Access To This Site
To access this Site or some of the resources it has to offer (including the purchase of certain GraniteFuel products available through the Site)(“Products”), you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information that you provide to this Site will be correct, current, and complete. If GraniteFuel believes that the information you provide is not correct, current, or complete, GraniteFuel has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time. However, GraniteFuel has no obligation to verify the accuracy, currency completeness or usefulness of any information that you have provided.
Certain sections of this Site are only accessible with the use of a username and password that may be provided to you by GraniteFuel upon your completion of GraniteFuel’s user registration form located at www.granitefuel.com. Once you have completed this form, you may wish to email it to www.granitefuel.com. Alternatively, you may also choose to register offline by contacting GraniteFuel’s sales manager by telephone at (905) 660-6450. Upon submission of the user registration form to GraniteFuel and GraniteFuel’s subsequent review and approval of your application, GraniteFuel may provide you, at its sole discretion, which may be unreasonably withheld, with a username and password via electronic mail to the address submitted by you to access the secure sections of this Site.
In order for you to access the secure portions of the Site and to order Products from the Site, GraniteFuel requires that you be qualified to enter a legal contract. GraniteFuel will not enter into agreements with persons who are not at least eighteen (18) years of age. You will be held responsible for keeping all billing data for GraniteFuel accurate and up-to-date. Any false data supplied in connection with any dealings between GraniteFuel and you will be grounds for termination of your username or password. GraniteFuel may terminate your username or password immediately by giving notice in writing, in the event that you present an abnormal risk of loss as determined by GraniteFuel in its sole discretion. If GraniteFuel cancels your username or password for any reason, you agree not to attempt to reregister without GraniteFuel’s prior written consent.
- Sale of Goods
While GraniteFuel attempts to be as accurate as possible regarding its Products, and to ensure that all information contained on the Site is accurate and up-to-date, GraniteFuel does not warrant that the descriptions of the Products, proposed delivery timetables, pricing and other content of this Site regarding the Products is accurate, complete, reliable, current or error-free. The description and pricing of the Products are subject to change at any time. While commercially reasonable efforts are made to ensure that all Products will be in stock and be ready to ship, backlog, unexpected demand and unforeseen events may lead to delays in shipment and all orders are subject to Product availability.
You understand and agree that the Products made available to you on this Site are subject to specific Product Warranties and other than as described in the applicable Product WarrantiesGraniteFuel assumes no responsibility for the quality, accuracy or completeness of any Product made available to you through the Site. You acknowledge that any reliance on the Site or the Products will be at your own risk and that you must evaluate and bear all risks associated with the acquisition of the Products.
- Restrictions on Use
- Proprietary Information
Permission is granted to you to download and make one printed copy of the Site Content for your own private, non-commercial use only, without alterations, so long as the following copyright notice is included: “Copyright © GraniteFuel Engineering Inc. All rights reserved.” You do not acquire any ownership rights by downloading Site Content from the Site.
Trade-marks, service marks, and logos appearing in this Site are the property of GraniteFuel or the party that provided the trademarks, service marks, and logos to GraniteFuel. GraniteFuel and any party that provided trade-marks, service marks, and logos to GraniteFuel retain all rights with respect to any of their respective trade-marks, service marks, and logos appearing in this Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark displayed on this Site.
- Third Party Content
This Site may also contain information or materials (“Third Party Content“) that is owned or provided by persons other than GraniteFuel (“Third Party Providers“). GraniteFuel makes no representations or warranties with respect to such Third Party Content and does not undertake to conduct any independent investigation of Third Party Content. Inclusion of information or materials from third parties on this Site does not mean, unless expressly stated otherwise, that GraniteFuel or any of its affiliates endorse or agree with such information or materials.
You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.
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 Third Party Content, in whole or in part, in an 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 Third Party Providers. You shall use your best efforts to stop any such copying or distribution immediately after you become aware of such use.
You are granted a limited license to display on your computer, download, use and make one printed copy of the Third Party Content for your own private, non-commercial use only, so long as (i) you do not modify any such Third Party Content; and (ii) you ensure that any copyright or trade-mark notices contained in the specific Third Party Content are retained. Nothing in this limited license confers any ownership rights in the Third Party Content from any third party who has ownership rights in the Third Party Content available on the Site.
The rights and limitations in this Section 5 are for the benefit of each Third Party Provider, each of which shall have the right to enforce its rights under this section directly and on its own behalf.
- Conduct and the Use of Email and the Site/Submissions
GraniteFuel expects that you will access and use the Site in a professional, responsible and business-like manner in accordance with applicable laws. As a visitor to the Site, you may have the opportunity to submit questions or other information regarding the Products or otherwise or otherwise engage in dialogue with representatives of GraniteFuel through the sending of email to the Site. GraniteFuel welcomes your content and other information communicated to GraniteFuel by you through this Site (collectively, a “Submission“) so long as such Submissions are not obscene, illegal, threatening, defamatory, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties and does not consist of or contain software viruses, commercial solicitation, or any form of “spam”. You are prohibited from using a false e-mail address, from impersonating another person or entity, or otherwise misleading GraniteFuel as to your identity when you are on the Site or otherwise providing a Submission to GraniteFuel.
- Disclaimer of Warranties/Limitation of Liability
You understand that GraniteFuel cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. GraniteFuel does not assume any responsibility or risk for your use of the Internet.
You, and not GraniteFuel, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this Site, its Content or the Products. Any Site Content or Third Party Content (collectively, “Content“) downloaded or otherwise obtained through your use of the Site is used by you at your own risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the downloading of such material. GraniteFuel does not represent or warrant that the Content, the Site, its servers or email sent from the Site are free from viruses or other harmful components.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. UNLESS OTHERWISE SPECIFIED, EVERYTHING ON THE SITE, INCLUDING THE CONTENT AND THE PRODUCTS AVAILABLE THROUGH THIS SITE, IS, SUBJECT TO THE PRODUCT WARRANTIES, PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUBJECT TO THE PRODUCT WARRANTIES, GraniteFuel EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTENDED OR GIVEN, OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE FOR THE SITE AND THE PRODUCTS.
GraniteFuel MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE COMPLETENESS, ACCURACY, AVAILABILITY OR APPROPRIATENESS OF THE SITE, THE CONTENT OR THE PRODUCTS OR THEIR USEFULNESS FOR YOUR PURPOSES. FOR GREATER CLARITY, GraniteFuel DOES NOT REPRESENT OR WARRANT THAT (I) THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED, RELIABLE, ACCURATE, COMPLETE, SUITABLE, VALID, TRUTHFUL, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (II) THAT ANY DEFECTS IN THE CONTENT WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (III) THE USE OF THE CONTENT AND THE SITE WILL BE TIMELY, SECURE, OR ERROR-FREE; (IV) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE CONTENT, THE SITE OR ANY PRODUCTS OBTAINED THROUGH THE SITE WILL BE ACCURATE, BENEFICIAL OR RELIABLE; OR (V) THE QUALITY OF ANY CONTENT OR ANY PRODUCT OBTAINED BY YOU THROUGH YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND GraniteFuel MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
IN NO EVENT SHALL GraniteFuel, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, THIRD PARTY PROVIDERS, AGENTS OR ADVISORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF INCOME, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE LOSSES OR OTHER ECONOMIC LOSS ARISING FROM: (I) YOUR USE OR INABILITY TO USE THE SITE, THE CONTENT OR ANY PRODUCT OBTAINED THROUGH THE SITE OR ANY SITE TO WHICH YOU HYPERLINK FROM THE SITE; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE CONTENT OR ANY PRODUCT VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT OR PRIVACY RIGHT; (III) ANY FAILURE OF PERFORMANCE OF THE SITE OR THE CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; OR (IV) ANY OTHER MATTERS RELATING TO THIS SITE, ANY SUBMISSIONS, THE CONTENT OR THE PRODUCTS, BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT SUCH GraniteFuel HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES.
GraniteFuel DISCLAIMS 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.
Any usernames and passwords used for this Site are for individual use only. You will be responsible for the security of your username and password. GraniteFuel will be entitled to monitor your username and password and, at its discretion, require you to change them. If you use a username or password that GraniteFuel considers insecure, GraniteFuel will be entitled to require the username or password to be changed and/or terminate your account.
You further agree not to disclose your password to any other person and GraniteFuel will not be responsible for the unauthorized use of your profile by any other person and are under no obligation to confirm the actual identity of any password. You also agree to change your password on a regular basis in order to reduce the potential for unauthorised third party use and agree to notify GraniteFuel immediately upon becoming aware of any known or suspected unauthorized use(s) of the your password to gain access to your profile, or any known breach of security, including loss, theft or unauthorized disclosure of your password or account or any other breach of security, via e-mail to firstname.lastname@example.org if at any time your password or username is, or you believe it has been, lost, stolen, disclosed, or otherwise compromised. GraniteFuel cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.
- Applicable Law
- Entire Agreement
- No Agency; Third Party Beneficiary
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without the prior written consent of GraniteFuel.
- No Waiver
- Electronic Communications
When you visit the Site or send e-mail to us, you are communicating with GraniteFuel electronically. You consent to receive communications from GraniteFuel electronically. GraniteFuel will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that GraniteFuel provides electronically satisfy any legal requirement that such communications be in writing.