Terms and Conditions
This Site is provided by Kelly Lake Building Supplies ("Kelly Lake or KLBS") as a service to its customers. Please review these terms and conditions which govern your use of the Site. Note that your use of kellylakebuildingsupply.ca (the "Site") constitutes your unconditional agreement to be bound by these terms and conditions (the "Terms"), KLBS Shipping Policy, KLBS Return Policy and KLBS Privacy and Security Statement.
Your Use of the Site
1.1 Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are the age of majority in your jurisdiction of residence. If you are under the applicable age of majority, you may only use the Site under the supervision of your legal parent or guardian who has agreed to the Terms. If you are the legal parent or guardian, you agree to monitor and supervise the minor's use of the Site and agree to be responsible for such minor's use of the Site, including any financial charges or legal liability incurred.
1.2 If we determine that a person under the age of majority has provided personal information to the Site, we will delete that information as soon as practical. If you become aware that such information has been provided, please contact us so that we can delete that information.
1.3 You agree that you will not do any of the following (collectively, the "Code of Conduct"):
1.3.1 Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
1.3.2 Use the Site or content on or from the Site for any unlawful purpose;
1.3.3 Express or imply that any statement you make is endorsed by Kelly Lake Building Supply, or affiliate companies.
1.3.4 Submit data or information or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret, or otherwise subject to third party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing, or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule, or regulation, or is otherwise objectionable, or infringes KLBS’ or any third party's intellectual property rights or other rights; (iii) is intended to victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion, or sexual orientation; or (iv) is non-public information about a company or individual without the express written authorization to do so;
1.3.5 Engage in spamming, flooding, phishing, or other activity intended to gather information unlawfully;
1.3.6 Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses, and defects;
1.3.7 Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
1.3.8 Remove any copyright, trademark, or other notices of proprietary rights contained on the Site;
1.3.9 "Frame" or "mirror" any part of the Site without Kelly Lake’s prior written authorization;
1.3.10 Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure, or presentation of the Site or its contents;
1.3.11 Harvest or collect information about Site visitors;
1.3.12 Take any action that imposes an unreasonable or disproportionately large load on KLBS infrastructure.
Information Posted on the Site
While we use our best efforts to fulfill all orders, KLBS cannot guarantee the availability of any particular product displayed on this Site. KLBS reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
The prices displayed on this Site are quoted in CDN dollars and are valid and effective only within Canada, or sales taxes, if applicable, which will be added to your total invoice price.
While our goal is an error-free site, we do not guarantee that any content is 100% accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. KLBS reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
The information and product images are for informative purpose only, not all images may be exact as products and packaging change KLBS will do its best effort to have updated information and images from all vendors/suppliers. For best information on any and all products and services please visit the store and ask a staff member for assistance.
2.1 The information and materials on the Site (the "Materials") are provided for your review in accordance with the Terms. However, the Materials do not necessarily reflect the opinions of KLBS or any of its affiliates, subsidiaries, or agents.
2.2 Most products and services featured on the Site are available directly from or through KLBS. Kelly Lake has made a conscious effort to display and/ or describe its products and services accurately. KLBS is also improving its products, services and site and may update the Materials or services at any time and without notice.
2.3 Kelly Lake cannot and does not guarantee the accuracy or completeness of the Materials, including, without limitation, prices, product images, specifications, dimensions, availability, and services. The Materials may contain technical inaccuracies and typographical errors and KLBS reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase or order request. KLBS is not responsible and shall not be liable to you or anyone else for reliance upon the pricing or product information contained on the Site. You should always inquire with KLBS staff. Products and services are the responsibility of the manufacturer and service provider, respectively, and subject to the warranties offered by such manufacturer or service provider. Without limiting the generality of any other terms and conditions regarding the supply of products and services, KLBS does not accept liability for any errors or omissions which may be found on the Site or for unavailability of any product.
2.4 The prices of products featured on this website may differ from the prices shown in stores for the same products. The prices labeled or tagged within the store supersede that of the pricing on the Site.
No products or services are to be ordered or purchased through the site, nor do we approve any 3rd party to sell products on the Site. Persons wish to purchase or order a product or service must contact KLBS staff for such services, purchases or orders. At no time while on the Site should you or any other party give Credit card or banking information. You cannot pay for products and services on the site.
Copyrights, Trademarks, and Patents
The trademarks, service marks, mascots and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Kelly Lake Building Supplies and others. 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. Kelly Lake aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Kelly Lake Building Supplies (Kelly Lake or KLBS), Kelly Lake Building Supplies logo, Kelly Lake Building supplies Mascot (Tim 2x4) or the other KLBS formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Kelly Lake Building Supplies. Kelly Lake Building Supplies prohibits use of the KLBS logo as part of a link to or from any site unless establishment of such a link is approved in advance by Kelly Lake Building Supplies in writing. Fair use of KLBS Trademarks requires proper acknowledgement. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
4.1 All software and content on the Site, such as text, graphics, mascot (Tim 2x4), logos, button icons, images, audio clips, video clips, and software, are owned or licensed by KLBS or with permission from suppliers, or its software and content suppliers and licensors. Such software and content is protected by Canadian copyright laws.
4.2 The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Kelly Lake Building Supplies and protected by applicable copyright laws.
4.3 KLBS grants you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display, or performance, of the content or software on the Site is strictly prohibited. KLBS and its affiliates, subsidiaries, suppliers, and licensors expressly reserve all intellectual property rights in all text, products, technology, content, and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to KLBS or any third party's intellectual property rights.
4.4 The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
4.5 The names, trade names, logos, service marks, trademarks, and trade dress (collectively, "Trademarks") on the Site are registered and unregistered trademarks of KLBS, its affiliates and other parties. Use of the Site in no way grants any license or right to use any Trademark displayed on the Site. KLBS, its affiliates and licensors, require prior written approval for the use of the KLBS Logo or mascot (Tim 2x4), or any other Trademarks, as part of a link to or from any website. KLBS, its affiliates and licensors also require prior written approval to use the KLBS’ Logo, KLBS’ name, and any other Kelly Lake Building Supplies related marks in any form of advertising or any other public use.
Links to Other Sites
5.1 The Site may contain links to other websites so that you can learn more about the products and or how to use those products from the Site and may have access to other information. These links are provided to you only as a convenience and their presence on the Site does not imply endorsement by KLBS or its affiliates or subsidiaries of such website or of any association such websites' operators.
5.2 You agree that KLBS and its affiliates and subsidiaries are in no way responsible or liable for the availability or content of the websites to which the Site is linked. KLBS and its affiliates and subsidiaries make no representations whatsoever about any other website you may access through the Site.
5.3 Any concerns regarding products or services offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not the Site.
5.5 Kellylakebuildingsupplies.ca hosts access to some external websites managed by our vendors. Weekly and site-wide promotions do not apply to content or products on these sites.
User Submitted Content
6.1 As part of your use of the Site, you may be able to provide comments, feedback, reviews, text, and ideas; send messages to KLBS and other users of the Site; post media, such as photos and videos; and submit other forms of content (collectively, "Content") to the Site. You agree that Content may be viewed by the general public and you do not and shall not consider such Content to be private, proprietary, or confidential. You grant KLBS and its affiliates, licensees, and sub licensees, without any compensation of any kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, publicly display, and otherwise use in any way such Content in any format or media ("Content License"). You may not revoke such Content for any reason at any time. You agree that any Content you submit may appear on sites other than the site through which you submitted your Content (e.g., Content submitted to kellylakebuildingsupplies.ca may appear on kellylakebuildingsupplies.ca and/or the website of an entity affiliated with KLBS). You waive, release, and agree not to assert any and all moral rights that you may have in any Content submitted by you to the Site. You agree that KLBS may use submitted Content in any manner that KLBS deems appropriate or necessary in its sole discretion. KLBS and its affiliates reserve the right to edit, modify, abridge, or otherwise change any Content you or others submit in their sole discretion.
6.2 You agree that you will not use a false or misleading email address, impersonate another person or entity, or otherwise mislead with respect to the origin of any Content you submit, including, without limitation, comments and feedback you submit to the Site. You agree that Lowe's is not responsible for any Content that you submit to the Site.
6.3 By submitting any Content to the Site, you warrant and represent that you have the right to use such Content and have the right to permit KLBS and its affiliates, licensees, and sub licensees to use such Content in accordance with the terms of the Content License. You agree not to submit any Content that is owned by someone other than you. You agree not to submit any Content that contains the name, image, likeness, or voice of anyone other than yourself without first obtaining permission to submit such Content and to grant the Content License to Kelly Lake.
6.4 If you identify yourself by name in any Content you submit or submit Content that contains an image or audio or video recording of yourself, you authorize KLBS and its affiliates, licensees, and sublicensees, without compensation of any kind to you or anyone else, to reproduce, print, publish, translate, modify, edit, and disseminate, in any format or media now or hereafter created, your name and such images and recordings in any way KLBS deems appropriate, in its sole discretion, throughout the world. Such authorization is and shall be perpetual and cannot be revoked by you for any reason.
6.5 KLBS does not guarantee that the Content you or others submit will be posted to the Site or become publicly available, and KLBS does not guarantee that Content posted to the Site by any other users will not be offensive, defamatory, or otherwise objectionable. KLBS reserves the right to remove any Content from the Site without notice and in KLBS sole discretion; however, you acknowledge and agree that KLBS is under no obligation to you to police, monitor, or remove Content and KLBS makes no guarantee with respect to the completeness, accuracy, integrity, or quality of Content submitted to the Site.
Disclaimer of Warranties and Limitation of Liability
7.1 You assume all responsibility and risk for the use of the site and the internet in general. The site, the materials, any content, and all products and services offered through the site are provided "as is" and "as available" and without warranties from KLBS or representations of any kind, either expressed or implied. To the fullest extent permissible by applicable law,
7.2 Kelly Lake and its licensors, suppliers, advertisers, sponsors, agents, and representatives do not warrant that your use of the site will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site or the server(s) on which the site is hosted are free of viruses, bugs, or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, cell phone, computer hardware, and other equipment needed to access and use the site, and all charges related thereto. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice, or statement by Kelly Lake, or suppliers, advertisers, sponsors, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty.
7.3 You expressly acknowledge and agree that Kelly Lake shall have no liability or responsibility whatsoever for: (1) any unauthorized access to or use of servers on which the site is hosted and/or on which any of your personal information and/or financial information stored therein; (2) any interruption or cessation of transmission to or from the site; (3) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs, or other items of a harmful nature which may be transmitted to or through the site by a third party; and/or (4) any errors, mistakes, inaccuracies, or omissions in any materials, or for any loss or damages of any kind incurred as a result of the use of any materials posted, emailed, transmitted, or otherwise made available via the site. KLBS does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked site.
7.4 You agree that KLBS and its affiliates will not be responsible or liable for damages of any kind arising out of your use of the site, including, without limitations, direct, indirect, special, incidental, punitive, and consequential damages, and damages resulting from the loss of use, data, profits, or business interruption arising from or in any way connected with the use of the site. This also includes delays in being able to use the site, the inability to use the site, or any portion thereof, or any hyperlinked website, whether based on tort, negligence, strict liability, or otherwise, even if KLBS and/or its affiliates were aware or had been advised of the possibility of such damages. This disclaimer constitutes an essential part of these terms.
7.5 You should use your best judgment and exercise caution where appropriate, as with the purchase of any product or service through any medium or in any environment. Your use of the site and any materials provided through the site are entirely at your own risk. No products or services are sold on the Site, if you are asked to purchase or give any personal information you are encouraged not to under any circumstance and inform KLBS so that we may take appropriate measures. We do encourage customers to call our store for any and all information on any product or service offered through KLBS.
8.1 You agree to indemnify, defend, and hold harmless Kelly Lake Building Supplies and its subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees, and sub licensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms, including, without limitation, the Code of Conduct; (2) any allegation that any Content or other material you have submitted or transmitted to the Site infringe, misappropriate or otherwise violate the copyright, trademark, trade secret, or other intellectual property rights of any party; and/or (3) your activities or omissions in connection with the Site.
9.1 Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. KLBS makes no representation or warranty that Materials and Content on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site in any jurisdiction where all or any portion of the Site might violate any legal requirements is prohibited and you agree not to access the Site in any such jurisdiction. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
9.2 You agree that these Terms and your use of the Site will be governed by the laws of the Province of Ontario and the federal 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 Greater Sudbury, Ontario, in all disputes (i) arising out of, relating to, or concerning these Terms, the Site, and your use thereof; (ii) in which the Site and/or these Terms are an issue or a material fact; or (iii) in which the Site or these Terms are referenced in a paper filed in a court, tribunal, agency, or other dispute resolution organization.
9.3 You agree to waive, to the fullest extent allowed by applicable law, any claims for punitive or exemplary damages and any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to the Site or these Terms.
9.4 Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.
9.4.1 Arbitration is final, binding, and subject to limited review by a court. You agree that this arbitration section shall survive termination of these Terms. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against KLBS or against any of KLBS subsidiary, parent, or affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation, or any other legal theory, will be resolved by binding arbitration.
9.4.2 The arbitration of any dispute or claim shall be conducted with the Rules of the Canadian Arbitration Association and any such arbitration shall be brought and held in Greater Sudbury, Ontario, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what these Terms provide; (ii) order consolidation or arbitration on a class wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.
9.4.3 Any arbitration shall be confidential, and neither you nor Kelly Lake Building Supplies may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
9.4.4 If any portion of this Section 9.4 is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
9.4.5 All administrative fees and expenses of arbitration will be divided equally between you and KLBS. Each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing.
10.1 You agree that KLBS may assign all or part of these Terms without such assignment being considered a change to these Terms and without providing notice to you. You agree that KLBS will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.
10.2 You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to KLBS through the Site may be subject to legal process (e.g., a subpoena) by KLBS or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that KLBS will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that KLBS may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered, or otherwise disclosed.
10.3 KLBS’ performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of KLBS’ right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by KLBS with respect to such use.
10.4 You agree that KLBS may change the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.
10.5 You agree that no joint venture, partnership, employment, or agency relationship exists between you and service providers or suppliers or you and KLBS as a result of these Terms or your use of the Site.
10.6 Any rights not expressly granted to you herein are reserved by and to KLBS’, its affiliates, subsidiaries, and licensors, and other third parties.
10.7 These Terms, the Privacy and Security Statement, and the applicable terms of sale constitute the entire agreement between you and KLBS with respect to the subject matter thereof. The Terms supersede all prior or contemporaneous communications and proposals, whether written, oral, or electronic, between you and KLBS with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by KLBS or it is physically signed in blue ink by an executive officer of Kelly Lake Building Supplies.
10.8 Any actual or alleged waiver by KLBS of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.
10.9 A printed version of these Terms and/or any notice given by KLBS in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to these Terms or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by KLBS in printed form.
10.10 If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue to govern your use of the Site.
Returns and Exchanges