Conditions d'utilisation
DLR Inc. is legally constituted company under Canadian and Province of Quebec by laws. DLR Inc. is sole proprietary of Klimbo ™ trademarks, Patents and other Intellectual Property titles. Use of the Site is subject to the Terms of Use, together with the Privacy Policy (locatted at www.klimbo.co/privacy-policy). This Terms of Use governs your use of the Sites and Klimbo's collection, use and disclosure of your information both through the Sites and offline.
1. ACCEPTANCE OF TERMS OF USE
By accessing and using the Site, and/or making any purchases through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the Privacy Policy, which form an agreement that is as effective as if you had signed it. If at any time you do not agree to these Terms, please do not access, or use the Site or any of its content.
If you are accessing or using the Site on behalf of a company, legal entity, association, partnership, organization, or other entity (collectively, “Organization”), you accept and agree to these Terms on behalf of the Organization and you represent and warrant that you have the authority to bind the Organization to these Terms and to make purchases on its behalf. In such event, when these Terms use the words "you" or "your" it will refer and apply to you and that Organization. If at any time you do not have the authority to bind the Organization to these Terms or make purchases on its behalf, please do not access, or use the Site or any of its content. Even if you are accessing or using the Site on behalf of an Organization, you agree that you, as an individual, are bound by these Terms and the Privacy Policy.
YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENT IS SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
These Terms are subject to be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. Should the Terms be revised, Klimbo will post the changes on this Site and the new Terms will be effective immediately upon posting. If Klimbo makes any material changes to the Terms, in addition to posting the revised Terms to this Site, Klimbo will notify you in the manner and to the extent required by law. You can determine when the Terms were last revised by referring to the "Last Revised" date at the top of this page. Each time you access, use, or browse the Site, you signify your acceptance of the then-current Terms.
Klimbo may make changes to the Site or its contents, products, services or features at any time. You understand and agree that Klimbo may discontinue or restrict your use of the Site at any time for any reason with or without notice.
2. PERMITTED USERS OF THE SITE
The Site is directed to persons 18 years of age or older. If you are under age 18, you are not permitted to submit any personally identifiable information to Klimbo on the Site or offline. If you provide information to Klimbo through the Site, you represent that you are at least 18 years of age or of an age to form a legally binding contract and you are not prohibited from receiving services or purchasing products available on or through the Site under the laws of the United States or any other applicable jurisdiction.
3. PRIVACY POLICY
Please review the Privacy Policy for the Site, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to access, use, or browse the Site.
4. PERMITTED USES
Any content available through the Site, including without limitation any text, documents, drawings, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, product information, software and other information and materials (the "Content") is the sole and exclusive property of Klimbo, its licensors, or other content providers.
The Content is made available for only your personal, noncommercial use, other than with respect to (i) use of the Site for entering purchase orders, or (ii) use of the Design Tools (defined below) to facilitate the purchase of Klimbo products for the Organization you represent as an authorized agent. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Site or Content in any way not expressly permitted by these Terms is prohibited and may be actionable under United States or international law.
Special terms may apply to some services, features or products offered on the Site, or when you register, enroll, or participate in any surveys or questionnaires; promotions; or any other services, events or activities sponsored by Klimbo or third parties, or offered in connection with the Site (collectively, "Activities," or individually, an “Activity”) that may be offered on the Site or offline. Such special terms or rules (which may include official rules and expiration dates) may be posted in connection with the applicable Activity. By participating in any Activity, you will become subject to those terms or rules. We urge you to read the applicable terms or rules which are applicable to the Activity, and to review our Privacy Policy which, as part of these Terms, governs any information you submit in connection with such Activities. Any special terms or rules are in addition to these Terms, and, in the event of a conflict, any such terms or rules shall prevail over these Terms.
5. DESIGN CONFIGURATION TOOLS
Klimbo may make available through the Site tools that allow you to develop and design restroom and/or other projects using Klimbo products (each a “Design Tool”). The Design Tools may allow you to create project summaries or other product documentation. Project summaries and any other documentation made available through the Design Tools is considered Content under these Terms. Design Tools may be operated by Klimbo or by a third party. Design Tools operated by a third party may be subject to additional terms and conditions provided by that third party.
You understand that the Design Tool and any Design Tool Content are for illustrative purposes only, and do not constitute, and should not be used as, final plans, specifications, details, or designs for your project. Design Tool and any Design Tool Content should only serve as a basis for seeking further professional advice. Before starting a project or purchasing any materials, you should independently verify the accuracy, suitability, completeness, safety, and legal compliance of your project.
Product depictions on screen and by print are a visual representation of products offered by Klimbo and may vary in color and pattern from the actual product. No images created by the Design Tools should be interpreted as a recommendation to use any product for a specific application. Images created in the Design Tools may not include all installation details such as seams or mounting holes. Design Tools may allow you to include custom project notes; Klimbo makes no representation that any custom request from a consumer can be fulfilled.
Any prices identified in Design Tools or Design Tool Content are Klimbo’s suggested list prices and should be used only for budget estimates; actual sales prices are set by distribution partners. Klimbo sells its product through distribution partners and does not control partners’ prices. No price representation will be binding until a purchase order is executed by buyer.
To the greatest extent permitted by applicable law, Klimbo hereby disclaims all express and implied warranties and representations pertaining to the use, product availability, suitability, completeness, safety, and legal compliance of all, or any portion, of the Design Tools, including, without limitation, color, measurements, dimensions, materials, energy source, energy consumption, or otherwise.
6. PRODUCT INFORMATION
Select products displayed on the Sites are available to purchase through the Sites from Klimbo. The prices displayed on the Sites are quoted in Canadian Dollars. We have made every effort to display as accurately as possible colors and designs of our products that appear at the Sites.
We cannot guarantee that the display of any color or design on your computer or mobile device will be accurate.
Product information on our Sites may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
7. PROPRIETARY RIGHTS
You acknowledge and agree that, as between Klimbo and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights (excluding any User Content), are owned exclusively by Klimbo or its content providers, affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws.
Copyright: All Content is the copyright and property of Klimbo or its content providers, affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and protected by Canadian and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell, or exploit, for any purpose, any portion of the Site or the Content other than as expressly authorized by Klimbo in writing.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to Klimbo or its affiliates, suppliers, vendors, merchants, licensors, content providers, or Activities partners or sponsors. Third party trademarks referenced in the Site do not constitute or imply affiliation with, endorsement of, or recommendation of Klimbo by the respective trademark owners, or by Klimbo of the respective trademark owners. Without limitation, Klimbo® is a trademark registered in the Canadian Patent and Trademark Office and owned by DRL inc.
8. USER CONTENT
· Responsibility. You and other users may have the ability to upload to transmit through, or otherwise make available (collectively, “Upload”) through the Site reviews or other information or materials (collectively, “User Content”). You are solely and entirely responsible for User Content that you Upload using the Site. You acknowledge that other users of the Sites, and not Klimbo, are similarly responsible for all User Content they Upload using the Site. You agree that you have no right, title, or interest in or to any materials that you have not Uploaded that appears on or through the Site. You acknowledge that Klimbo has no obligation to pre-screen, monitor, or investigate User Content, but that it reserves the right to do so.
· License to Klimbo. You grant to Klimbo a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, distribute, reproduce, modify, adapt, translate, create derivative works of, publicly perform, and publicly display your User Content, in whole or in part, together (at our option) with the names and likenesses of any persons identifiable therein, in any form, media, or technology now known or later developed, for the purposes of operating and providing the Site and their services to you and to other users. You agree and understand that we are not obligated to post, keep, or use your User Content.
· No Unsolicited Materials. It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Klimbo does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted and you agree that any such ideas transmitted to Klimbo are included in the above license you grant to us for any User Content.
· Your Warranties. You represent and warrant that you are the owner of all rights, title, and interest in and to the User Content you upload (or such User Content is in the public domain), or otherwise have all rights necessary to grant the license provided for in these Terms and the User Content you upload is accurate, does not violate these Terms, and will not cause injury to any person or entity.
9. YOUR INDEMNITY OF KLIMBO
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS KLIMBO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, CONTENT PROVIDERS, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, ACTIVITIES PARTNERS AND SPONSORS, BROKERS, MERCHANTS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING (COLLECTIVELY, THE "KLIMBO PARTIES"), FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DEMAND, ACTION, DAMAGE, LIABILITY, PENALTY, FINE, COST OR EXPENSE (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES), WHETHER INCURRED BY OR MADE AGAINST A KLIMBO PARTY AND WHETHER MADE BY YOU, OR ON YOUR BEHALF, OR BY ANY THIRD PARTY DUE TO, ARISING OUT OF OR RELATING TO (A) YOUR USE OF OR RELIANCE ON THE SITE OR ANY CONTENT, USER CONTENT, PRODUCTS, SERVICES OR ACTIVITY AVAILABLE THROUGH THE SITE, OR YOUR DEALINGS IN CONNECTION WITH THE SITE, (B) YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITE OR TO KLIMBO; (C) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF KLIMBO OR ANY THIRD PARTY; AND (D) ANY ACTIVITY RELATED TO ACCESS OR USE OF YOUR ACCOUNT OR PASSWORD WHETHER BY YOU OR ANY OTHER PERSON, OR ANY USE OF KLIMBO’S ONLINE ORDERING SYSTEM.
10. LINKS TO OTHER WEBSITES
The Site may contain advertisements, postings and links to websites operated by other parties. The Site provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. Klimbo is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties' products or services do not imply Klimbo's endorsement of information, material, products or services of any other party or any other website. Klimbo disclaims all liability with regard to your access to and use of any information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that Klimbo is not responsible or liable, directly, or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
11. MODIFICATIONS, SUSPENSION AND TERMINATION
Klimbo reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Site, its Content, including, without limitation, product parts, prices, and sales terms, or Activities, or any portion thereof, with or without notice. You agree that Klimbo will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, its Content, or Activities or any portion thereof. Klimbo reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Site, Content, or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that Klimbo shall not be liable to you or any third party for any such suspension, discontinuance, or termination.
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WITH THE EXCEPTION OF THE LIMITED WARRANTY AVAILABLE AT HTTPS://WWW.KLIMBO.CO/RESOURCES/PRODUCT-RESOURCES/WARRANTY-POLICY FOR CERTAIN PRODUCTS, THE SITE AND ALL CONTENT ON THE SITE IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
KLIMBO MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF DESIGN TOOLS OR ANY CONTENT AVAILABLE THROUGH THE SITE (INCLUDING USER CONTENT). YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK. KLIMBO MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. KLIMBO DOES NOT ENDORSE USER CONTENT AND IS NOT RESPONSIBLE FOR USER CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KLIMBO AND ALL OF THE KLIMBO PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, IN LAW OR IN EQUITY, AND FURTHER DISCLAIM ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE,CONTENT, OR USER CONTENT, EVEN IF KLIMBO OR ANY OF THE KLIMBO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
13. PRODUCTS AND SERVICES
Unless otherwise prohibited by law, we reserve the right to change or substitute any products or services offered on the Site, and the prices or specifications of any such products or services, at any time and from time to time without any notice or liability to you or any other person. We reserve the right to limit quantities of products or services described on the Site, and to decline any purchase. The products or services described on the Site may be out of date or differ slightly from the actual products or services offered, sold, or provided by Klimbo. Products or services described on the Site may not be available at all times or in all locations.
14. PAYMENTS
By placing an order on the Site, you represent and warrant that you have the authority to both place and direct payment for the order. If you are paying for your order via credit or debit card, you represent that you are an authorized user of the credit or debit card and authorize Klimbo or its designee to charge the credit and debit card you provided in the amount specified at checkout prior to completion of the order. You agree not to dispute the payment with your credit card company or bank, so long as the transaction corresponds to the terms provided to you at the time you place your order.
