Privacy Policy | Terms of Service

Privacy Policy | Terms of Service 2018-04-10T10:30:37+00:00

Privacy

Your privacy and the security of the information that you provide to us is important to us and we take the privacy and security of the users of this website seriously. To better protect your privacy and the security of your information, we provide this Privacy Policy to explain our information practices and the choices you can make about the way your information is collected and used on Exterior Elements website. To make this Policy easy to find, we make links to this Privacy Policy available on every page of our Website. We will not use your personal information except as outlined in this Privacy Policy. By using our website you consent to the terms of this Policy.

What Information Do We Collect?

Exterior Elements will not collect any personally identifiable information about you through our website unless you provide it to us voluntarily. The information we collect varies, depending on how you use our site. This Policy applies to all information collected or submitted to us. On some pages, you can make requests to join email announcement lists, enroll in customer loyalty programs, enter contests, participate in promotional events, register for classes, to receive materials from us or from others, or receive other types of information. The types of personal information collected include: name, shipping address, billing address, e-mail address, phone number, to complete purchases, and other general questions relating to areas of interest on our website. To streamline payment and minimize the personal information relayed to us, we currently only accept PayPal for payment.

We also collect aggregate, non-personally-identifiable information on users by recording the IP address from the computers of visitors to our site. An IP address is a number that is assigned to your computer when you surf the Web. Web servers, or the computers that provide the web pages to your computer for you to view, automatically identify your computer by its IP address. When you use your computer to request to view a page from a server, that server logs your IP address. We do not link IP addresses to anything personally identifiable. Your visit to the webiste will be logged; however, you will remain anonymous to us unless you choose to share information with us. We track the number of people that view each page of our website to better understand which features are most popular and best meet the needs of our visitors.

How Do We Use Your Information?

We may use the information we request from you to notify you of Exterior Elements products and services, sales and promotions, or other matters that may be of interest to you.

We will not sell or rent your personally identifiable information to anyone. We will NOT send personally identifiable information about you to other companies or people.

We have your consent to do so. We need to share the information in order to provide the product or service you have requested. We need to send the information to companies who work on behalf of Exterior Elements to provide a product or service for you on our behalf and to provide other services, including, but not limited to, payment processing, shipping, order tracking, promotional fulfillment, and customer service. Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us, unless they have your consent to do so. We need to respond to valid legal process.

Exterior Elements may use aggregated, non-personally identifiable information about our users for marketing and promotional purposes.

How Do We Use Cookies?

We use “cookies” to help us provide a better user experience by measuring which website areas are of greatest interest. We may also uses cookies when you register for further information. In this situation, a cookie will store useful information that enables our website to remember you when you return. We can only read cookies from exteriorelements.ca website. You may choose to disable cookies using the tools in your browser; however, by doing so you may not be able to take advantage of all of the functions of our website.

Linking to Other Websites

We may provide links to other websites that are not under our control. These websites have their own policies regarding privacy that you may wish to review. We have no responsibility for linked websites and provide these links solely for the convenience and information of our visitors.

How Do We Keep Your Information Secure?

In an endeavor to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical and electronic procedures to safeguard and secure personal information we collect. We cannot guarantee 100% security of any information that you disclose online, and you do so at your own risk.

You are required to register with exteriorelements.ca in order to purchase products, participate in promotions or contests or to receive other information from us. At the time you register you will create a password. Please remember your password as you will be asked to provide it each time you make a purchase or attempt to access your personal information. You are responsible for maintaining the confidentiality of your password and for all uses of your password, whether or not authorized by you. You should not disclose your password to any other person. In order to protect the security of your account and personal information, when your visit is complete you should be sure to log off of our website and shut down your browser.

Exterior Elements incorporates security measures such as encryption and authentication tools to protect your data from unauthorized use. Firewalls are utilized to protect our servers and network from unauthorized users accessing and tampering with files and other information that we store.

We use Secure Sockets Layer (SSL) technology to protect your information. Upon entering the checkout page your computer will begin communicating with our server in secure mode. You will be able to tell that you are in secure mode because the “https” in the web address on your browser will change to “https”.

How Do I Correct My Information or “Opt-Out”?

Please assist us in keeping your information current by notifying us of changes to your name, address, title, phone number or email address. You may correct your personal information or select the option not to receive future contacts (i.e. mailings, calls, etc.) by logging in to My Account on exteriorelements.ca or by contacting customer service at support@exteriorelements.ca. In the event you elect not to receive any future contacts from exteriorelements.ca, we will endeavor to remove your name from all of our contact lists; however, information is sometimes difficult, if not impossible, to remove from all data sources, and we can only promise to endeavor to remove you from any lists we control. We shall have no liability under this Privacy Policy for our failure to accomplish this objective. If you have questions, you should direct them to support@exteriorelements.ca. You may also request changes to or removal of your personal information from our website by contacting us at the address or telephone number provided below.

Children

We will never knowingly collect or solicit information from individuals under the age of 13 without first obtaining verifiable parental consent. If you are under the age of 13 you should not provide information to us via this website. If we become aware that a person under 13 has provided personally identifiable information to us without verifiable parental consent, we will remove such personally identifiable information from our files.

Effective Date and Modifications

This Privacy Policy is effective as of the date first written above. Exterior Elements reserves the right to modify this Privacy Policy at our discretion. If we decide to change our privacy policy, we will post those changes here. We encourage you to visit this section of our site regularly in order to remain informed of any changes. Changes to our Privacy Policy shall become effective as of the date they are posted to this site.

Contacting Us

If you have any questions or concerns regarding this Privacy Policy or our data collection practices, please contact us as follows: By Email: support@exteriorelements.ca By Mail: Exterior Elements Attn: Customer Care 8 Bernini Crt., Hamilton, ON L9B 0C7 By Phone: 905-971-9159

Terms of Use of Exterior Elements Website

WELCOME TO EXTERIOR ELEMENTS WEBSITE (THE “SITE”). THIS SITE IS OWNED AND OPERATED BY EXTERIOR ELEMENTS (HEREINAFTER, EXTERIOR ELEMENTS WILL BE REFERRED TO AS “US”, “WE”, “THE COMPANY” OR “EXTERIOR ELEMENTS”) . PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE FOLLOWING TERMS OF USE. BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS OF USE, YOU SHOULD NOT USE THIS SITE. IN ADDITION, WHEN USING PARTICULAR FEATURES AND SERVICES ON THE SITE, YOU WILL BE SUBJECT TO ANY POSTED GUIDELINES AND RULES APPLICABLE TO SUCH FEATURES AND SERVICES, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.

Purpose of the Site

The purpose of the Site is to provide you with information about EXTERIOR ELEMENTS, our services, the campaigns that we support and the activities we undertake. If you are under 18, you may use this Site only with involvement of a parent or guardian.

Errors and Misprints

EXTERIOR ELEMENTS endeavours to provide current and accurate information on the Site. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. EXTERIOR ELEMENTS does not warrant that the content of the Site including, without limitation, product descriptions, colours or photographs of products, is accurate or complete. EXTERIOR ELEMENTS reserves the right to do the following, without prior notice or liability to you or any other person: (a) correct any error, inaccuracy or omission; (b) change the products and services advertised or made available for sale on the Site; (c) change the prices, fees, charges of such products and services; (d) change any promotional offers; and (e) limit quantities available for sale or sold.

Ownership and Permitted Use of the Site

EXTERIOR ELEMENTS is, unless otherwise stated, the owner of the Site (including all content, page headers, customs graphics, button icons, and scripts and the presentation, selection, coordination, enhancement and arrangement of the information and content in the Site). Without limiting the foregoing, the Site is protected by Canadian and international copyright, trade mark and other laws as a collective work and/or compilation. Your use of the Site does not transfer to you any ownership or other rights in the Site or its contents.

Changes to the Site and the Services

We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site.

External Links

We may provide links to other websites. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.

Disclaimer of Warranties

THE SITE, AND ANY CONTENT AVAILABLE ON THE SITE, ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EXTERIOR ELEMENTS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. NEITHER WE NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE OR THEY MAKE ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SITE OR ANY CONTENT AVAILABLE ON THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.

ALL PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE EXPRESS WARRANTIES, REPRESENTATIONS AND CONDITIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WE DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPLICATION, NOTWITHSTANDING ANYTHING TO THE CONTRARY.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE REMEDY FOR ANY CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO ANY PRODUCT OR SERVICE LISTED OR PURCHASED ON OR THROUGH THE SITE SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE PAID FOR SUCH PRODUCT OR SERVICE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THE SITE OR ANY PRODUCT SOLD THROUGH THE SITE, OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE SITE OR ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE IMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING EXCLUSIONS OR LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT WE RECEIVE FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM.

Amendment of the Terms

We reserve the right to amend these Terms of Use without notice to you from time to time. If we decide to change these Terms of Use we will post those changes here. We encourage you to visit this section of our Site regularly in order to remain informed of any changes. Any such amendment shall be effective once the revised terms have been posted on the Site.

Applicable Law

These Terms or Use are governed by the laws of Canada and Ontario. Any disputes arising under or in connection with these Terms of Use, or your access or use of the Site shall be subject to the exclusive jurisdiction of the Superior Court of Ontario and the Federal Court.

Copyright

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to EXTERIOR ELEMENTS, 27 Legend Court P.O. BOX 10163 Ancaster, ON L9K 1J3 or support@exteriorelements.ca :

Your address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; A description of where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.