Brock Canada Website Terms and Conditions of Use

COPYRIGHT AND USE LICENSE
Welcome to the Brock Heating & Cooling website.

Please note that your use of this website constitutes your unconditional agreement to follow and be bound by these terms and conditions of use. Although you may “bookmark” a particular portion of this site and thereby bypass this page, your use of this website still binds you to these terms and conditions of use. Brock Heating & Cooling reserves the right to update or modify these terms and conditions of use at any time without prior notice. Your continued use of this website following any such change constitutes your unconditional agreement to follow and be bound by these terms and conditions of use, as amended. For this reason, we encourage you to review these terms and conditions of use whenever you use this website.

All content included on this site, such as text, graphics, photos, logos, button icons, images, digital downloads, data compilations, and software, is the property of Brock Heating & Cooling or its licensors or other content suppliers and protected by Canadian and international copyright laws. You may not modify, copy, duplicate, print, archive, distribute, transmit, display, perform, reproduce, modify, publish, license, create derivative works from, transfer or sell any information, material, products or services from this website without the prior written consent of Brock Heating & Cooling. Subject to the foregoing, you may view and print the content of this website for use which is strictly private, personal and non-commercial.

As a condition of your use of this website, you represent and warrant to Brock Heating & Cooling that you will not use this website for any purpose that is unlawful, immoral or prohibited by these terms and conditions of use or for any purpose which might prejudice Brock Heating & Cooling, its divisions, business units, subsidiaries and affiliates. If you do not agree and accept without modification these terms and conditions of use, do not use this website. Other than the agreement created by these terms and conditions of use and any agreement between you and Brock Heating & Cooling relating to the sale of products or services, Brock Heating & Cooling will not enter into any agreement with you or otherwise be obligated to you through your use of this website and no attempt to create such an agreement or obligation will be effective.

TRADEMARKS
The trademarks, trade names, service marks and logos (collectively, the “Trademarks”) used and displayed on this website are the registered and unregistered trademarks and the exclusive property of Brock Heating & Cooling and/or their affiliates or others and are protected under applicable law. Nothing on this website or in these terms and conditions of use should be construed or interpreted as granting or creating, by implication or otherwise, any license to use or duplicate any Trademark without the prior written consent of Brock Heating & Cooling or the applicable Trademark owner.

The name “Brock”, the Brock word mark and logo or other formatives or derivatives thereof may not be used in any way, including in advertising or publicity pertaining to the distribution of materials on this website without the prior written consent of Brock Heating & Cooling. The use of the Brock logo as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by Brock Heating & Cooling in writing. Other products or entity names mentioned in this website may be the Trademarks of their respective owners.

COOKIES AND ELECTRONIC DATA
Brock Heating & Cooling may collect certain data for general statistical information each time this website is visited. This information is collected through the server web logs and may consist of dates and times of visits to this website; the IP addresses of visitors to this website; the operating system and browser version of the computers of visitors to our website. This data is not used individually to identify users of this website, but is used to analyze system performance, usage, peak usage and usage trends. This website may employ the use of identifying technologies such as “cookies”, beacons, tags and scripts, which your computer receives when you visit certain websites. Cookies are small data files (text) that are transferred from a standard web server to a user’s browser and contain information that can be read by a web server for record-keeping purposes. The use of cookies is a standard practice on the Internet and can improve the service that a website provides. The information stored in cookies is not used to personally identify an individual and does not contain “personal” information or data. Cookies may be rejected if a user’s browser is set to reject or deny cookies; if a user has a third-party program installed that interferes or prevents cookies (i.e., certain firewalls, anti-virus or anti-spyware programs) or notifies the user whenever a cookie is sent to the user’s computer. Cookies sent by Brock Heating & Cooling that are rejected may limit access to this website or this website may no longer function as intended or be accessible to the user.

LINKS TO THIRD PARTY WEBSITES
This website may contain links or references to websites, products or services owned, operated or offered by third parties other than Brock Heating & Cooling or its affiliates (“Third Party Sites”), all of which are provided for your reference only. Brock Heating & Cooling does not control the Third Party Sites, is not responsible for the content or conformity with applicable laws of Third Party Sites and expressly disclaims all responsibility and liability in relation to the information contained in Third Party Sites. The inclusion of links to Third Party Sites on this website does not imply any endorsement or approval by Brock Heating & Cooling of the content or materials on Third Party Sites or the products or services that may be offered on Third Party Sites nor does such inclusion, unless expressly disclosed otherwise, imply: (i) any sponsorship, affiliation, partnership or association of Brock Heating & Cooling with the owner or operator of Third Party Site; or (ii) any authorization of Brock Heating & Cooling to use any copyright, trademark, logo, trade name or other legally protected material that may appear in the Third Party Sites.

NO WARRANTIES; LIMITATION OF LIABILITY
Brock Heating & Cooling does not make any representation about the suitability of products which may appear on this site. This site is provided on an “as is” basis without warranty of any kind, express or implied. To the greatest extent permitted by applicable law, Brock Heating & Cooling specifically disclaims all warranties and conditions of any kind with respect to this website and/or the products which appear on it or which are otherwise available for sale by Brock Heating & Cooling, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Brock Heating & Cooling is not responsible for liable for any errors or omissions in the contents of this website, for your action or inaction in connection with this website or for any damage to your computer or data or any other damage you may incur in connection with the use of this website. Brock Heating & Cooling does not provide any representation, warranty, guarantee or other assurance as to the operation, quality or functionality of this website and access to this website may be interrupted, restricted or delayed at any time and for any reason. Your use of this website is at your own risk. In no event shall Brock Heating & Cooling, its affiliates or agents be liable for any direct, indirect, punitive, incidental, special, liquidated or consequential damages arising out of or in any way connected with the use of this website, the materials or products on this website, the delay or inability to use this website or otherwise arising in connection with this website, whether based on contact, tort, strict liability or otherwise, even if Brock Heating & Cooling has been advised of the possibility of any such damages.

GOVERNING LAW; LEGAL NOTICES
This website, the information herein, the use of this website and these terms and conditions of use are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Toronto, Ontario, Canada in all disputes arising out of, relating to or otherwise concerning this website and/or these terms and conditions of use. This website is intended to be made available for residents of Canada only. Any use of this website in contravention of these terms and conditions or applicable laws is at your own risk and if any part of these terms and conditions of use is invalid or unenforceable pursuant to applicable laws, the invalid or unenforceable provision will be deemed to be severed from these terms and conditions of use without affecting the remainder hereof or superseded by a valid and enforceable provision that most closely matches the intent of the original provision. Any claim, dispute or controversy arising out of, relating to or concerning this website and/or these terms and conditions of use shall be decided by binding arbitration in accordance with the Arbitration Act, 1991 (Ontario) and any such arbitration proceedings shall be brought and held in Toronto, Ontario, Canada. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. You agree that Brock Heating & Cooling may at any time and without notice change the terms, conditions and notices under which this website is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and Brock Heating & Cooling as a result of this agreement or your use of this website. The performance of these terms and conditions of use by Brock Heating & Cooling is subject to existing laws and legal process and nothing contained in this agreement is in derogation of the rights of Brock Heating & Cooling to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Brock Heating & Cooling with respect to such use. You acknowledge and agree that Brock Heating & Cooling products are distributed in Canada exclusively by Wolseley Canada Inc. and that these terms and conditions of use, the Wolseley Canada privacy policy available at http://www.wolseleyinc.ca/privacy-policy.html, and terms and conditions of sale available at http://www.wolseleyinc.ca/terms-and-conditions-sale.html (or which may otherwise be presented to you in connection with a transaction to purchase Brock Heating & Cooling products from Wolseley Canada constitute the entire agreement between you and Brock Heating & Cooling with respect to this website. These terms and conditions of use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Brock Heating & Cooling with respect to this website.

Copyright © 2021 Wolseley Canada Inc. All rights reserved.
Brock Heating & Cooling and the Brock family of trademarks and logos are registered trademarks of Wolseley Canada Inc. or used under license from Ferguson plc or its affiliates.