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USER TERMS
AND CONDITIONS
OF USE

ACCEPTANCE OF THE WEBSITE TERMS AND CONDITIONS OF USE

These website terms and conditions of use for www.constack.ca, constitute a legal agreement and are entered into by and between you and Constack Canada Inc. ("Constack," "we," "us," "our"). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use, including any content, functionality, and services offered on or through [NTD: Client to provide Website Link] ("Website" or "Service").

BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT https://constack.ca/privacy-policy, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

By using this Website, you represent and warrant that:

  • you are the legal age of majority under applicable law to form a binding contract with Constack;
  • you have not previously been suspended or removed from using the Website;
  • you have full power and authority to enter into these Terms and Conditions and in doing so will not violate any other agreement to which you are a party;
  • if you are agreeing to these Terms and Conditions on behalf of a corporate entity, such corporate entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization and you have the legal authority to bind such corporate entity to these Terms and Conditions (in which case the terms “you” or “users” shall refer to such corporate entity); and
  • monies used in connection with the Service do not represent proceeds of crime for the purposes of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) (“PCMLTFA”) and you acknowledge that we may in the future be required by law to disclose your information in our database on a confidential basis, pursuant to the PCMLTFA. To the best of your knowledge (i) none of the funds to be provided by you have been or will be derived from or related to any activity that is deemed criminal under the law of Canada, the United States of America, or any other jurisdiction, or are being tendered on behalf of a person or entity who has not been identified to you; and (ii) if you discover that any of such representations cease to be true, you shall promptly notify us and provide us with appropriate information in connection therewith.

MODIFICATIONS TO THE TERMS AND CONDITIONS AND TO THE WEBSITE

We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Service. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website and any Service offered therein is restricted to users or unavailable at any time or for any period.

YOUR USE OF THE WEBSITE AND ACCOUNT SET-UP AND SECURITY

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user's internet connection are aware of these Terms and Conditions and comply with them. The Service, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Your provision of registration information and any submissions you make to the Website through any functionality such as applications, e-mail, personal, or interest group web pages, profiles, location services including GPS locators, forums, bulletin boards, account creation and support chats (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://constack.ca/privacy-policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner's ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

SERVICE

You understand that the Website is an online platform that enables individual Users to purchase certain categories of dwelling units such as modular homes, prefabricated homes and mobile homes (collectively, the "Products" and individually a "Product") manufactured by third-party manufacturers (the "Manufacturers"). Upon placing an order to purchase a Product via the Website, Users will be provided with an agreement of purchase and sale (the Sales Agreement) pursuant to the terms of which Users will offer to Constack to purchase the Product. You acknowledge that Users, upon entering into the Sales Agreement, will be bound by the terms of the Sales Agreement in addition to this Terms and Conditions. Sales Agreement will be made available on an individual basis via third-party electronic documentation platform and written copies may be available on a case-by-case basis upon demand. You must refer to your respective Sales Agreement for full details of the terms, conditions and provisions governing your transactions. The Sales Agreement provide the sole and exclusive remedies to purchasers of such dwelling units arising from any cause or claim whatsoever, including any lien arising from any misrepresentation.

USERS ACKNOWLEDGE THAT CONSTACK DOES NOT IN ANY WAY PROVIDE OR HOLD ITSELF OUT AS PROVIDING MANUFACTURING SERVICES AS PART OF THE SERVICE THE WEBSITE OFFERS, THAT MANUFACTURERS ARE NOT EMPLOYED BY CONSTACK OR ANY OF ITS AFFILIATES, AND THAT CONSTACK SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ACTIONS, OMISSIONS, NEGLIGENCE, GROSS NEGLIGENCE, REPRESENTATIONS, OR WARRANTIES BY MANUFACTURERS IN RELATION TO THE PRODUCTS. USERS FURTHER ACKNOWLEDGE THAT CONSTACK MAY, IN ITS SOLE AND UNFETTERED DISCRETION, LIMIT THE PROVISION OF SERVICES AND/OR SALE OF PRODUCTS TO ANY PERSON, GEOGRAPHICAL REGION, OR JURISDICTION. CONSTACT FURTHER RESERVES THE RIGHT TO DISCONTINUE OR MODIFY ANY PRODUCT OR SERVICES PROVIDED THROUGH THE WEBSITE

PAYMENT

We do not represent or warrant that a particular Product will be offered indefinitely and reserve the right to change the prices for or alter the features and options of the Products without prior notice.

Payment terms of the Products will be fully described in your Sales Agreement. The Website may administer your down payments contemplated within Sales Agreements, through means including electronic credit/debit cards or cryptocurrencies, subject to the terms of the Sales Agreement. For more information about payment schedules, please visit: https://constack.ca/faqs.

You hereby acknowledge and agree that, subject to the statutory requirements, all down payments administered via the Website are non-refundable.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Constack, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Our name, Constack, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Constack or its affiliates or licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

  • your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
  • a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
  • in the event social media platforms are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by Constack. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

CONDITIONS OF USE AND USER SUBMISSIONS AND SITE CONTENT STANDARDS

As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the website, to other users or other persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the Service and any User Submissions shall not:

  • In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at https://constack.ca/privacy-policy.
  • In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.
  • Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion.
  • Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
  • Involve, provide, or contribute any false, inaccurate, or misleading information.
  • Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Submissions.
  • Impersonate or attempt to impersonate Constack, a Constack employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
  • Misappropriate, use or disclose any personal information of other users gathered while using the Website.
  • Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Constack or users of the Website or expose them to liability.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
  • Submit, publish, or otherwise circulate dishonest or ingenuine reviews or hearsays of the Products offered in the Website.

USER SUBMISSIONS: GRANT OF LICENSE

The Website may contain Interactive Functions allowing User Submissions on or through the Website.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions set out in these Terms and Conditions.

You understand and agree that you, not Constack nor its parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Service.

SITE MONITORING AND ENFORCEMENT, SUSPENSION, AND TERMINATION

We have the right, without provision of notice to:

  • Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.
  • At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website and User Submissions and/or Terms and Conditions.
  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Service. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CONSTACK AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY CONSTACK AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER CONSTACK OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES IN RELATION TO YOUR USER SUBMISSIONS.

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

NO RELIANCE

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site, including but not limited to the Sales Agreement.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. You are hereby expressly noted that images, sketches, plans and colours of the Products are merely reflective or indicative of the proposed Products, and may not be a realistic representation of the actual Product. The Products are subject to one or more changes being made or implemented with respect thereto from time to time (whether significant or otherwise), without any notice thereof being given to anyone visiting or accessing the Website or otherwise, and without any liability being incurred by Constack thereby. Your use of the Website is at your own risk and neither Constack nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website, unless expressly provided in writing.

This Website includes content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Constack, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Constack. Neither Constack nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

PRIVACY

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at https://constack.ca/privacy-policy, as we deem necessary for use of the Website and provision of services.

By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately.

THIRD-PARTY WEBSITES

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with these Terms and Conditions and User Submissions. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

THIRD-PARTY API

Our Website contains services and contents offered by various service providers of certain third-party Application Programming Interfaces (APIs) (Third-Party APIs) to facilitate our Service. We make no representations about any of the Third-Party APIs contained or used in our Website, and you understand that by using our Website, you use our Third-Party APIs at your own risk. By agreeing to use our Website, you accept and agree to be bound by the respective terms of service of the following service providers, which may be modified or updated from time to time:

  • PayPal
  • Stripe
  • SendGrid
  • DigitalOcean
  • Google Maps

GEOGRAPHIC RESTRICTIONS

Constack is based in the Province of Ontario in Canada. We provide this Website for use only by persons located in Ontario, Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

COPYRIGHT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement. If you believe any materials accessible on or from this Website infringe your copyright, you may request that we send a notice to the alleged infringer by submitting written notification to info@constack.ca. The written notice (the "Notice") must include the following:

  • Your name and address
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • A statement describing your interest or right with respect to the copyright in the work or other subject matter.
  • Identification of the location of material you believe to be infringing in a sufficiently precise manner to allow us to locate that material (e.g., a link to the infringing material).
  • Description of the infringement that is claimed.
  • A statement specifying the date and time of the alleged infringement.
  • Any other information that may be prescribed by regulation that we may advise you of from time-to-time.

The Notice may not contain any of the following:

  • An offer to settle the claimed infringement.
  • A request or demand relating to the claimed infringement for payment or for personal information.
  • A reference, including by way of hyperlink, to such an offer, request, or demand.
  • Any other information that may be prescribed by regulation that we may advise you of from time-to-time.
(the "Prohibited Content").

A Notice containing Prohibited Content will not be considered a valid Notice under this Policy.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and all legal fees, disbursements, and charges).

If we receive a Notice in the prescribed form, we will, as soon as feasible, forward the Notice electronically to the person to whom the electronic location identified by the location data in the Notice belongs and inform you of our doing so. If, for some reason, it is not possible for us to forward the Notice to such person, we will confirm with you the reasons therefor. We will retain records of Notices in compliance with our obligations under applicable laws and regulations.

Without limiting any other rights or remedies we may be entitled to under this Terms and Conditions or otherwise at law, we reserve the right to remove any material or disable or terminate our users' accounts or take such other actions deemed necessary or appropriate in the circumstances in our sole discretion.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES, ITEMS, PRODUCTS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES, ITEMS OR PRODUCTS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER CONSTACK NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER CONSTACK NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

LIMITATION ON LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL CONSTACK NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Constack, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website's content, dealings with other users of the Website, and products other than as expressly authorized in these Terms and Conditions.

GOVERNING LAW AND CHOICE OF FORUM

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the City of Toronto in the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

WAIVER

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

SEVERABILITY

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

ENTIRE AGREEMENT

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Constack regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

REPORTING AND CONTACT

This Website is operated by Constack Canada Inc. located at 9131 Keele Street, Suite A4, Concord, ON L4K 0G7.

Should you become aware of misuse of the Website including libellous or defamatory conduct, you must report it to Constack at info@constack.ca.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info@constack.ca.