TERMS OF USE


1.  TERMS AND CONDITIONS OF USE

Terms and conditions for use for world wide web sites owned, operated or controlled by Clayton Shull, BSc, or any of his Affiliates ("Clayton Shull Sites"). Clayton Shull, BSc, is the owner of www.flooringclaims.com.  

2.  PLEASE READ CAREFULLY

By accessing, browsing and/or using the pages in any Site ("Clayton Shull Sites") owned, operated or controlled by Clayton Shull, BSc, or any of his Affiliates, including this Site ("Clayton Shull Sites"), you agree to the terms and conditions set forth here.  If you do not agree, you should not use or access Clayton Shull Sites or download any Content (See 4. Copyright below).   If you are currently a party to a separate, written agreement with Clayton Shull, BSc, or any of his Affiliates that has terms that are inconsistent with these Terms and Conditions of Use, the terms of that Agreement will apply to matters that are within the scope of the Agreement.  

3.  ELECTRONIC COMMUNICATIONS

When you visit Clayton Shull Sites or send e-mails to Clayton Shull, BSc, or any of his Affiliates, you are communicating with Clayton Shull, BSc, electronically. You consent to receive communications from Clayton Shull, BSc, electronically.  Clayton Shull, BSc, will communicate with you by e-mail or by posting notices on Clayton Shull Sites.  Clayton Shull BSc, may prefer, at his option, to communicate with you by fax when email or web services fail, are not appropriate, are not sufficient, and/or are not effective.  Often fax is used by Clayton Shull, BSc, in conjunction with email or website communications.  You agree that all agreements, notices, disclosures and other communications that Clayton Shull, BSc,  provides to you electronically satisfy any legal requirement that such communications be in writing.

4.  COPYRIGHT

You should assume that everything you see or read on a Clayton Shull Site is copyrightedAll Content included on Clayton Shull Sites, such as text, graphics, logos, button icons, images, video, audio clips, digital downloads, data compilations, and software is the copyright property of Clayton Shull, BSc, and is protected by Canadian and international copyright laws.   The compilation of all content on Clayton Shull Sites is the exclusive property of Clayton Shull, BSc (or the Affiliate identified in any copyright notice on the site) and is protected by Canadian and international copyright laws.  

5. TRADEMARKS  

The trademarks, logos, service marks and other names, logos and icons identifying services and products (collectively the "Trademarks") displayed on Clayton Shull Sites, are registered and unregistered Trademarks of Clayton Shull, BSc, and/or others.

6.  USE OF INFORMATION AND APPLICATIONS

Accessing or viewing a Clayton Shull Site creates a copy of Clayton Shull's, BSc, materials in your computer's random access memory and/or in your hard drive and/or in your proxy server. You are hereby permitted to view this site and to print pages for your own personal, noncommercial use, provided that you do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, use in the court of law, create derivative works from, transfer or sell any information, material, software, printouts or services from the Clayton Shull Sites. The materials published on Clayton Shull Sites may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Clayton Shull, BSc.  

While accessing and using any information or application made available through this Site, or any Clayton Shull Site, you are strictly prohibited from harassing (including spamming), offending, threatening, bullying, embarrassing, distressing or invading the privacy of any other person or providing false information to Clayton Shull, BSc.

7. CONSENT

You hereby authorize Clayton Shull, BSc, or any of his Affiliates to collect and retain all relevant information relating to your use of Clayton Shull Sites. You further authorize any third party to provide Clayton Shull, BSc, or any of his Affiliates  with such information.

8.  LINKS

Other parties may provide links to Clayton Shull Sites.  Clayton Shull, BSc, does not require third parties to obtain Clayton Shull's consent prior to linking to Clayton Shull Sites. Such links may not, however, include frames or other features that distort, mischaracterize or misrepresent the source or ownership of materials on Clayton Shull Sites or disparage or are otherwise detrimental to Clayton Shull, BSc, and any of his Affiliates.

The sites linked to Clayton Shull Sites are not under the control of Clayton Shull, BSc, or any of his Affiliates;  and Clayton Shull, BSc, or any of his Affiliates  is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked site or any link contained in a linked site. It is your responsibility to verify any information contained within the links before relying on it.  Your use of the linked sites may be subject to terms and conditions contained in these web sites which you should locate and review.   No materials may be posted on Clayton Shull  Sites without the express written permission of Clayton Shull, BSc.  

Clayton Shull Sites may include links to other sites that contain information created, published, maintained or otherwise posted by organizations independent of Clayton Shull, BSc, and any of his Affiliates. Clayton Shull provides these links only as a convenience, and does not endorse, approve, certify, maintain or control these external sites and does not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of information located at such sites. Clayton Shull, BSc,  or any of his Affiliates reserves the right to remove these links at any time and without notice. Also, the information contained in the links may be changed or updated at any time and without notice. 

9.  SERVICES, PRODUCTS AND PRICING

All services and products sold through Clayton Shull Sites are subject to the then existing Terms and Conditions of Sale for each individual service or product.  Terms and Conditions of Sale, service and product prices, configurations and availability are subject to change at any time by Clayton Shull, BSc, or any of his Affiliates.  

10. VIRUSES, ETC. 

Clayton Shull, BSc, assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing a Clayton Shull Site or your downloading of any materials, data, text, images or other Content from a Clayton Shull Site.

11.  DISCLAIMER

The material in Clayton Shull Sites may include technical inaccuracies or typographical errors.  Clayton Shull, BSc, may make changes or improvements at any time and without notice. The materials in this site, or any Clayton Shull Sites, are provided "as is" and without warranties or conditions of any kind either expressed or implied.  Clayton Shull, BSc, disclaims all warranties and conditions impress or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title and non-infringement. Under no circumstances will Clayton Shull, BSc, or any of his Affiliates, be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages based on any use of Clayton Shull Sites, including this Web site, or any other Web site to which this site is linked, including, without limitation, any lost profits, business interruption, or loss of programs or information, even if Clayton Shull, BSc, or any of his Affiliates,  has been specifically advised of the possibility of such damages.  Clayton Shull, BSc, does not warrant the availability of Clayton Shull Sites, that Clayton Shull Sites and your use of Clayton Shull Sites will be uninterrupted or error-free, that defects will be corrected, or that Clayton Shull Sites or the server(s) that make them available are free of viruses, worms, or other harmful components. Clayton Shull, BSc, does not warrant or make any representations regarding the use of or the result of the use of Clayton Shull Sites and/or the materials in Clayton Shull Sites in terms of their correctness, accuracy, timeliness, reliability, applicability or otherwise. You and not Clayton Shull, BSc, assume the entire cost of all necessary servicing, repair, or correction.  The above restriction may not apply to you, as some jurisdictions do not permit limitations of implied warranties and/or damages. Nothing in this section shall affect your statutory rights.  

12. NO WARRANTY OR REPRESENTATION  

While Clayton Shull, BSc,  uses reasonable efforts to include accurate and up-to-date information on Clayton Shull Sites, your use and browsing of Clayton Shull Sites is at your sole risk. Nothing in a Clayton Shull Site, including service or product  information, shall add to or change any contract for services or products you may have with Clayton Shull, BSc, or any of his Affiliates.  

Without limiting the foregoing, everything on a Clayton Shull Site is provided to you "as is" and "as available" without representation, warranty or condition of any kind, either express, implied, or statutory including, but not limited to, implied representations, warranties or conditions of merchantability, fitness for a particular purpose, durability, title, non-infringement of intellectual property rights or inter-operability of services or products.  Clayton Shull, BSc,  assumes no responsibility to you or any third party for any errors or omissions of any kind in the Content. Changes or updates to Content on this Site or any Clayton Shull Site may occur at any time and without notice.

12. LIMITATION OF LIABILITY  

Neither Clayton Shull, BSc, or any of his Affiliates nor any other party involved in creating, producing, or delivering a Clayton Shull Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortuous act) arising out of or in connection with your access or use of this Site or any Clayton Shull Site even if Clayton Shull, BSc, has been advised of or foresees the possibility of any damages occurring.

13. RIGHT OF INDEMNIFICATION   

You agree to defend, indemnify and hold Clayton Shull, BSc, and any of his Affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms and Conditions by you, or in connection with your use of this Site or any Clayton Shull Site or with the placement or transmission of any message or information on or from the Clayton Shull Site by you.

14. TERRITORY  

The Clayton Shull Sites originate in Canada.  Clayton Shull's, BSc, on site inspection an repair services are offered to anyone, firm, or entity from Canada, USA, or from any other country who has an interest, desire, complaint, or claim and requires inspection or repair services in Canada for whatever reason they wish.   Due to unforeseeable restrictions, some inspection and repair services referred to on Clayton Shull Sites may not be available in all parts of Canada.  

15.  DISPUTES

Any dispute between you and Clayton Shull, BSc, concerning a Clayton Shull Site or the materials located at a Clayton Shull Site shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute, provided, however, that Clayton Shull, BSc, may commence action against you in a court of law for infringement of Clayton Shull's intellectual property rights. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the appropriate Canadian Federal Law and Statutes and will take place according to the Commercial Rules of the appropriate Canadian Arbitration Association.  The arbitration will be held in Abbotsford, British Columbia, or the closest appropriate city from Abbotsford in the Lower Mainland of British Columbia.   Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment in a Canadian Court of Law.  

16.  GOVERNING LAW

By visiting a Clayton Shull Site, you agree that the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein,  without regard to conflict of law principals that would dictate selection of another jurisdiction's laws, will apply to these Terms and Conditions of Use and any dispute of any sort that may arise between you and Clayton Shull, BSc, or any of his Affiliates.  

17.  MODIFICATION TO TERMS AND CONDITIONS

Clayton Shull, BSc, or any of his Affiliates, is under no obligation to monitor any Clayton Shull Sites and assumes no responsibility or liability should content be modified or altered in any way without Clayton Shull's, BSc, consent.  Clayton Shull, BSc, can revise the Terms and Conditions at any time and without notice by modifying or updating this posting. You should therefore review these Terms and Conditions each time you access the Site.  Your use of a Clayton Shull Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.  

18.  SEVERABILITY

If any of these terms and conditions is deemed invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.

19. WAIVER 

Clayton Shull's, BSc, or any of his Affiliates,  failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or rights contained in these Terms and Conditions.

20. TERMS ON INVOICES

Clayton Shull, BSc, or any of his Affiliates, have "financial terms" applied to every invoice for well established accounts with an approved credit rating.  These financial terms are  "Net 30 days:  2%/month compound interest on overdue invoices plus related legal and collection charges.  $30 applies to non-sufficient funds (NSF) checks."  For non-established accounts, fees are payable in advance of receiving an inspection report or any other service or product.  All checks (cheques) are payable to "Clayton Shull".  


2005 Clayton Shull

All rights reserved

Terms of use