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Gracious Living Web Site
Terms Of Use Policy
TERMS OF USE AND LEGAL RESTRICTIONS
THE FOLLOWING ARE TERMS OF USE AS A LEGAL AGREEMENT BETWEEN YOU AND GRACIOUS LIVING. PLEASE READ THESE TERMS OF USE CAREFULLY PRIOR
TO USING THIS WEBSITE. YOUR USAGE OF THIS WEBSITE SIGNIFIES THAT YOU ACKNOWLEDGE,
UNDERSTAND AND AGREE TO ACCEPT AND BE BOUND BY THESE TERMS (“TERMS”)
AND THEIR CONDITIONS THEREIN. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS,
DO NOT USE THIS WEBSITE.
USE OF SITE
Gracious Living and all subsidiaries (“Gracious Living”)
authorizes you to view and download the materials at this Web site (“Site”)
for your personal, non-commercial use only, provided that you retain all
copyright and other proprietary notices contained in the original materials
and on any copies of the materials. In addition, as a condition of your
use of this Site, you represent and warrant to Gracious Living that you will not
use this Site for any purpose that could be construed as unlawful, immoral
or prohibited by these terms and conditions. This Site has been prepared
solely for the purpose of providing information about Gracious Living and the services
and products it offers and has been compiled in good faith by Gracious Living. You
may not modify the materials at this Site in any way or reproduce or publicly
display, perform, or distribute or otherwise use them for any public or
commercial purpose. For purposes of these Terms, any use of these materials
on any other Web site or networked computer environment for any purpose
is prohibited. The materials at this Site are copyrighted and unauthorized
use of any materials at this Site may violate copyright, trademark, and
other laws. If you breach any of these Terms, your authorization to use
this Site automatically terminates and you must immediately destroy any
downloaded or printed materials. Gracious Living also reserves the right to terminate
your authorization to use any services at the Site and to delete any one
or more of your related accounts, with or without cause, immediately and
at any time.
INFORMATION YOU SUBMIT
Gracious Living does not want to receive confidential or proprietary information
from you through our Site. Other than personally identifiable information,
which is covered under the Gracious Living Group Online Privacy Policy, any material,
information or other communication you transmit or post to this Site will
be considered non-confidential and non-proprietary (“Communications”).
Gracious Living will have no obligations with respect to the Communications. Gracious Living
and its designees will be free to copy, disclose, distribute, incorporate
and otherwise use the Communications and all data, images, sounds, text,
and other things embodied therein for any and all commercial or non-commercial
purposes. You are prohibited from posting or transmitting to or from this
Site any unlawful, threatening, libelous, defamatory, obscene, pornographic,
or other material that would violate any law.
TRADEMARKS AND COPYRIGHT
All software and content such as text, graphics, logos, button icons,
images, audio clips, trademarks and service marks (the "Trademarks")
used and displayed on this Site is the owned or licenced property of Gracious Living
or its software and content suppliers and protected by copyright and trademark
laws. These Trademarks are registered and unregistered Trademarks of Gracious Living
and may only be used publicly with written permission from Gracious Living. Nothing
on this Site should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any Trademark displayed on the
Site, without the prior written permission of the Trademark owner. Gracious Living
aggressively enforces its intellectual property rights to the fullest
extent of the law. Any other trademarks not owned by Gracious Living or its subsidiaries
that appear on this site are the property of their respective owners,
who may or may not be affiliated with, connected to, or sponsored by Gracious Living.
PRODUCT INFORMATION
Gracious Living has made a conscientious effort to display and describe its products
and services on the site accurately. Gracious Living is also consistently improving
the information, products and services they provide to you. Consequently,
Gracious Living cannot and does not guarantee the lack of discrepancy with respect
to the accuracy or completeness of the information found within this Site.
LINKS TO THIRD PARTIES
The Site may contain links to third party sites, which are provided to
you solely as a convenience to you. Gracious Living, therefore, does not have control
over, imply endorsement or make any representations about them, or any
information, software or other products or materials found there or any
association with its operators. Gracious Living assumes no responsibility, and shall
not be held liable for any damages to or viruses that may infect your
computer equipment or other property due to the use of, access to, or
browsing of the Site. By using these third party sites you will be leaving
the Site. The inclusion of these third party links also does not imply
that Gracious Living is authorized for the usage of any trade name, trademarks,
logos or any copyrighted symbols reflected in these liked sites. You are
responsible for viewing and abiding to the privacy statements and terms
of use on each third party site accessed and therefore, this access is
done so entirely at your own risk. The Site also acknowledges that it
uses minimal, if any cookies to deliver the content found herein. If you
would prefer, you can set your browser to reject cookies as an added precaution.
Anyone linking to the Site must comply with the Guidelines for Linking
to Gracious Living Group’s Web Site set out below and all applicable laws.
USE OF SOFTWARE
If you download software from this Site (“Software”), use
of the Software is subject to the license terms in the Software License
Agreement that accompanies or is provided with the Software. You may not
download or install the Software until you have read and accepted the
terms of the Software License Agreement.
SECURITIES LAW NOTICE
The information in the Site contains certain forward-looking statements
with respect to Gracious Living, its subsidiaries and
affiliates. These statements are often, but not always made through the
use of words or phrases such as “expect”, “should continue”,
“continue”, “believe”, “anticipate”,
“estimate”, “contemplate”, “target”,
“plan”, “budget”, “may”, “will”,
“schedule” and “intend” or similar formulations.
By their nature, these forward-looking statements are necessarily based
upon a number of estimates and assumptions that, while considered reasonable
by management, are inherently subject to significant, known and unknown,
business, economic, competitive and other risks, uncertainties and other
factors affecting Gracious Living specifically or its industry generally that could
cause actual performance, achievements and financial results to differ
materially from those contemplated by the forward-looking statements.
These risks and uncertainties include fluctuations in the level of renovation,
remodeling and construction activity; changes in product costs and pricing;
an inability to achieve or delays in achieving savings related to the
cost reductions or revenues related to sales price increases; the sufficiency
of our restructuring activities, including the potential for higher actual
costs to be incurred in connection with restructuring activities compared
to the estimated costs of such actions; the ability to recruit and retain
qualified employees; the level of outstanding debt and our current debt
ratings; the ability to meet the financial covenants in our credit facilities;
changes in product mix; the growth rate of the markets into which Gracious Living’s
products are sold; market acceptance and demand for Gracious Living’s products;
changes in availability or prices for raw materials; pricing pressures
resulting from competition; difficulty in developing and introducing new
products; failure to penetrate new markets effectively; the effect on
foreign operations of currency fluctuations, tariffs, nationalization,
exchange controls, limitations on foreign investment in local business
and other political, economic and regulatory risks; difficulty in preserving
proprietary technology; adverse resolution of litigation and administrative
and intellectual property disputes; changes in environmental regulations;
currency risk exposure and other risks described from time to time in
publicly filed disclosure documents and securities commission reports
of Gracious Living and its subsidiaries and affiliates.
In view of these uncertainties we caution readers not to place undue reliance
on these forward-looking statements. Gracious Living disclaims any intention or
obligation to update or revise any statements made herein, whether as
a result of new information, future events or otherwise.
DISCLAIMER
THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED “AS
IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. Although Gracious Living has tried to include accurate, complete and up
to date information it does not warrant the accuracy and completeness
of the materials or services at this Site either be expressed or implied.
Gracious Living may make changes to the materials and services at this Site, or
to the products and prices described in them, at any time without notice
or obligation. The materials and services at this Site may be out of date,
and Gracious Living makes no commitment to update the materials and services at
this Site. Information published at this Site may refer to products, programs
or services that are not available in your country. Consult your local
Gracious Living business contact for information regarding the products, programs
and services that may be available to you. Applicable law may not allow
the exclusion of implied warranties, so the above exclusion may not apply
to you.
LIMITATION OF LIABILITY
IN NO EVENT WILL GRACIOUS lIVING, ITS SUBSIDIARIES, ITS SUPPLIERS, OR OTHER THIRD
PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS
OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS
OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER
BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE
MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED
FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL
COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
APPLICABLE LAWS
This Site is administered by Gracious Living from its offices in Vaughan, Ontario,
Canada. Gracious Living makes no representation that materials or services at this
Site are appropriate or available for use outside of Canada, and access
to them from territories where their contents are illegal is prohibited.
You may not use or export or re-export the materials or services at this
Site or any copy or adaptation in violation of any applicable laws or
regulations including without limitation Canadian export laws and regulations.
If you choose to access this Site from outside Canada, you do so on your
own initiative and are responsible for compliance with applicable local
laws. You also expressly waive any right to a jury trial regarding disputes
related hereto and you also waive any right you may have to commence or
participate in any class action against Gracious Living and, where applicable, you
hereby agree to opt out of any class proceeding against Gracious Living otherwise
commenced. These Terms will be governed by and construed in accordance
with the laws of the Province of Ontario and the laws of Canada applicable
therein, without giving effect to any principles of conflicts of laws.
In any dispute involving these Terms, you irrevocably agree to attorn
to the jurisdiction of the courts of the Province of Ontario.
GENERAL
Gracious Living may revise these Terms at any time by updating this posting. You
should visit this page periodically to review the then current Term, as
your usage of this Site, as it is your agreement of being bound by any
such revisions. Certain provisions of these Terms may be superseded by
expressly designated legal notices or terms located on particular pages
at this Site.
GUIDELINES FOR LINKING TO Gracious Living GROUP’S WEB SITE
If you would like to link to Gracious Living’s web site, please read and comply
with the following guidelines:
You indicate that you accept the Gracious Living Group Online Privacy Policy;
You agree that Gracious Living may at any time and without notice, change the terms
and conditions under which this Site is offered; and You agree that no
joint venture, partnership, fiduciary, employment or agency relationship
exists between you and Gracious Living as a result of this agreement or your usage
of the Site.
A Site that links to Gracious Living’s Web Site:
May link to, but not replicate, Gracious Living’s content;
Shall not create a browser or border environment around Gracious Living’s
content;
Shall not imply that Gracious Living is endorsing it or its products;
Shall not misrepresent its relationship with Gracious Living;
Shall not present false information about Gracious Living products or services;
and
Shall not contain content that could be construed as distasteful, offensive,
or controversial and shall contain only content that is appropriate for
all age groups.
The Terms and the privacy statement together constitute the entire agreement
between you and Gracious Living with respect to the subject matter herein. This
agreement supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between you and Gracious Living with respect
to this subject matter. No modification of this agreement shall be deemed
effective unless it is authored by Gracious Living or
any subsidiaries, such amendments or modifications available to it pursuant
to these Terms. Any alleged waiver of any breach of these Gracious Living
Online Privacy Policy Terms shall not be deemed to be a waiver of any
future breach. A printed version of these Terms and/or of any notice given
by Gracious Living in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement or your use of this
Site to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained by Gracious Living in printed form.
If you have any questions or comments about this Policy, please contact
us at:
Gracious Living
7200 Martingrove Road
Woodbridge, Ontario
Canada L4L 9J3
Tel.: 905-264-5660
Fax: 905-264-3720
Unless otherwise indicated, information contained in this site is Copyright © 2006 Gracious Living. All Right Reserved. Reproduction
or distribution without written permission is prohibited.
©2006 Gracious Living |
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