Welcome to this website located at www.lowescanada.ca (“Site”)! This Site is provided by Lowe’s Companies Canada ULC and its subsidiaries, affiliates and/or related companies (collectively, “Lowe’s Canada”) as a source of information and comprises a legal agreement between Lowe’s Canada and you, the person accessing and using the Site (“you”). Please review these terms and conditions (the “Terms”), which govern your use of the Site. Note that your use of the Site constitutes your unconditional agreement to be bound by these Terms.
IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS YOU MAY NOT ACCESS OR USE THE SITE AND MUST EXIT THE SITE. In consideration of the mutual promises and agreements contained in these Terms and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you and Lowe’s Canada agree as follows:
1.1 The Site is made available to you for the purpose of providing you with information, about Lowe’s Canada operations and business in Canada.
2. Your Use of the Site
2.1 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 at [email protected] so that we can delete that information.
2.2 In accessing and using the Site, you agree that you will not do any of the following (collectively, the “Code of Conduct”):
2.2.1 Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
2.2.2 Use the Site or content on or from the Site for any unlawful purpose;
2.2.3 Express or imply that any statement you make is endorsed by Lowe’s Canada, its subsidiaries or affiliate companies;
2.2.4 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 Lowe’s Canada 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;
2.2.5 Engage in spamming, flooding, phishing, or other activity intended to gather information unlawfully;
2.2.6 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;
2.2.7 Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
2.2.8 Remove any copyright, trademark, or other notices of proprietary rights contained on the Site;
2.2.9 “Frame” or “mirror” any part of the Site without Lowe’s Canada’s prior written authorization;
2.2.10 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;
2.2.11 Harvest or collect information about Site visitors;
2.2.12 Take any action that imposes an unreasonable or disproportionately large load on Lowe’s Canada infrastructure.
3. Suspension and Termination of Access
3.1 Lowe’s Canada may suspend or terminate access to the Site at any time in its discretion and immediately without prior notice and without further obligation or liability to you for any reason, and without any liability of any kind or any nature whatsoever to you.
4. Information Posted on the Site
4.1 The information, data, content and materials on the Site (the “Materials”) are provided for your review in accordance with the Terms. Lowe’s Canada reserves the right to change the Materials for any reason whatsoever and without notice.
4.2 Lowe’s Canada cannot and does not guarantee the accuracy or completeness of the Materials. The Materials may contain technical inaccuracies and typographical errors and Lowe’s Canada reserves the right to correct such errors at any time.
4.3 Some of the Materials may be owned by third parties (“Third Party Materials”). You agree that all of the terms and conditions of these Terms relating to the Site apply to your access to and use of any Third Party Materials and you further agree to comply with any terms and conditions that are specific to the Third Party Materials, including the terms and conditions specified under these Terms. Lowe’s Canada is not responsible, and assumes no liability, for any Third Party Materials.
4.4 If you make any information, data or content available to Lowe’s Canada on or through the Site, including by contacting us, or providing comments or ideas on or about our Site (“User Content”), you are deemed to grant Lowe’s Canada a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Site without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the Site.
5. Links to Other Websites
5.1 The Site contains links to websites of Lowe’s Canada banners and brands so that you can learn more about the products and services offered by Lowe’s Canada in Canada, and have access to other information. All other websites that are owned, operated or maintained by Lowe’s Canada or its affiliates are governed by the terms and conditions of each such website and not these Terms.
5.2 The Site also contains links to websites owned and operated by third parties. These links are provided to you only as a convenience and their presence on the Site does not imply endorsement by Lowe’s Canada or its affiliates or subsidiaries, of such website or of any association with such websites’ operators. Lowe’s Canada and its affiliates and subsidiaries make no representations whatsoever about any other website you may access through the Site.
6. Copyrights, Trademarks, and Patents
6.1 All software and Materials on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips, and software, is owned or licensed by Lowe’s Canada, its affiliates, related companies or its software and content suppliers and licensors. Such software and Materials is protected by Canadian, United States, and/or international copyright laws.
6.2 The collection, arrangement, and assembly of all Materials on the Site is the exclusive property of Lowe’s Canada and protected by applicable copyright laws.
6.3 Lowe’s Canada grants you permission to view and use Materials 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 Materials or software on the Site is strictly prohibited. Lowe’s Canada 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 upon you or anyone else any license to Lowe’s Canada or any third party’s intellectual property rights.
6.4 The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
6.5 The names, trade names, logos, service marks, trademarks, and trade dress (collectively, “Trademarks”) on the Site are registered and unregistered trademarks of Lowe’s Canada, 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. Lowe’s Canada, its affiliates and licensors, require prior written approval for the use of any Trademarks, as part of a link to or from any website. Lowe’s Canada, its affiliates and licensors also require prior written approval to use the Lowe’s Canada Logo, Lowe’s Canada name, and any other Lowe’s Canada related marks in any form of advertising or any other public use.
6.6 One or more patents may apply to the Site, including without limitation: U.S. Patent No. 5,528,490; 5,761,649; 7,908,173; and 7,908,176.
7. Personal Information
7.1 You agree that your use of the Site is subject to the terms of our Privacy Statement, which is hereby incorporated by reference into, and forms an integral part of the Terms. By agreeing to the Terms or by using the Site, you expressly consent to the collection, storage, use and disclosure of your information, including your personal information, according to the Privacy Statement.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
8.1 CONSUMER PROTECTION LAWS IN QUÉBEC PROHIBIT ANY STIPULATION THAT WOULD RELIEVE A MERCHANT FROM THE CONSEQUENCES OF HIS OR HER OWN ACTION. IF YOU ARE A QUÉBEC CONSUMER, TO THE EXTENT PROHIBITED UNDER QUEBEC LAW, THIS SECTION 8 DOES NOT APPLY TO YOU TO THE EXTENT THAT IT WOULD RELIEVE LOWE’S CANADA OR ITS REPRESENTATIVE(S) OF LIABILITY FOR ANY ACTION OF LOWE’S CANADA.
8.2 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 OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LOWE’S CANADA, ALL OF LOWE’S CANADA SUBSIDIARY, PARENT, OR RELATED COMPANIES, CALL CENTERS, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS IN CONNECTION WITH THE SITE AND ANY CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8.3 LOWE’S CANADA 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, COMPUTER HARDWARE, SOFTWARE 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 LOWE’S CANADA, OR LOWE’S CANADA LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
8.4 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT LOWE’S CANADA 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 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. LOWE’S CANADA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED SITE.
8.5 YOU AGREE THAT LOWE’S CANADA AND ITS AFFILIATES, PARENTS, AND SUBSIDIARIES 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 SITE, WHETHER BASED ON TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF LOWE’S CANADA AND/OR ITS SUBSIDIARIES AND AFFILIATES WERE AWARE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
9.1 You agree to indemnify, defend, and hold harmless Lowe’s Canada, its subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees, and sublicensees, 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.
10. Dispute Resolution
10.1 Lowe’s Canada makes no representation or warranty that Materials on the Site are appropriate or available for use in any particular jurisdiction.
10.2 You agree that these Terms and your use of the Site will be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. You hereby agree and consent to arbitration as the exclusive means to hear and settle 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.
10.3 You agree to waive, to the fullest extent allowed by applicable law, (i) any claims for punitive or exemplary damages and (ii) except with respect to consumers in the Province of Quebec to which such waiver does not apply, 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.
10.4.1 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 Lowe’s Canada or against any of Lowe’s Canada 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.
10.4.2 The arbitration of any dispute or claim shall be conducted with the Rules of the American Arbitration Association and any such arbitration shall be brought and held in Montreal, Quebec, 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.
10.4.3 Any arbitration shall be confidential, and neither you nor Lowe’s Canada 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.
10.4.4 If any portion of this Section 10.4 is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
10.4.5 All administrative fees and expenses of arbitration will be divided equally between you and Lowe’s Canada. Each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing.
11.2 You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to Lowe’s Canada through the Site may be subject to legal process (e.g., a subpoena) by Lowe’s Canada 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 Lowe’s Canada will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that Lowe’s Canada may not have an 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.
11.3 Lowe’s Canada’s 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 Lowe’s Canada’s right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by Lowe’s Canada with respect to such use.
11.4 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lowe’s Canada as a result of these Terms or your use of the Site.
11.5 Any rights not expressly granted to you herein are reserved by and to Lowe’s Canada, its affiliates, subsidiaries, and licensors, and other third parties.
11.6 These Terms, the Privacy Statement, and the applicable terms of sale constitute the entire agreement between you and Lowe’s Canada 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 Lowe’s Canada with respect to the Site.
11.7 Any actual or alleged waiver by Lowe’s Canada of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.
11.8 A printed version of these Terms and/or any notice given by Lowe’s Canada 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 Lowe’s Canada in printed form.
11.9 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.
11.10 If you have any questions about the Terms, or need to provide notice to, or communicate with, Lowe’s Canada under these Terms, please contact Lowe’s Canada by clicking Contact Us, or by delivery in person, by courier or by the mail, to Lowe’s Canada at 220, chemin du Tremblay, Boucherville (QC) J4B 8H7. Lowe’s Canada may provide notices or communications to you on the Site and you agree that such notices shall constitute notice to you whether or not you actually access the notice.
11.11 These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Lowe’s Canada’s prior written consent. Lowe’s Canada may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
Last Updated: December 28, 2018