Privacy

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING, OR ACCESSING www.foremostcanada.com.

Use of Site

The Foremost International Ltd. website located at www.shop.foremostcanada.com (the “Site”) is the property of Foremost International Ltd. (“Foremost”). Foremost grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in the Foremost General Terms of Use (“Terms of Use”), in its entirety. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, products or services from this Site. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Foremost that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this Terms of Use agreement and any other agreements between you and Foremost relating to the usage of, or the sale of products through this Site as created by Foremost, Foremost will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

Intellectual Property

You acknowledge and agree that all content included on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, textual downloads (including, but not limited to, specification sheets and instruction manuals), and software, is the property of Foremost and is protected by Canadian and international copyright law (“Copyright Protected Content”). You further agree that all of Foremost’s trademarks, trade names, service marks and other logos and brand features, and product and service names are the property of Foremost (the “Foremost Marks”). You agree not to display or use the Foremost Marks in any manner without Foremost’s prior written consent.

You further acknowledge and agree that the Copyright Protected Content, the Foremost Marks, patents, and any other intellectual property provided, made available, used or displayed on, or arising from this Site remain the sole property of Foremost (the “Intellectual Property”). Foremost reserves all right, title and interest in the Intellectual Property. Except as expressly provided in the Terms of Use, no part of the Site may be advertised, reproduced, recorded, retransmitted, published, uploaded, posted, publicly displayed, publicized, altered to make new works, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Foremost’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyright, rights of publicity or trademarks with respect to the Site. The posting of information or material on the Site by Foremost does not constitute a waiver of any right in or to such information and/or materials. Foremost prohibits the use of Foremost’s logo as part of a link to or from any outside site unless the establishment of such a link is approved in advance by Foremost in writing. Other product and company names mentioned in the Site may be the trademarks of their respective owners. Foremost reserves all rights not expressly granted hereunder.

Links to Third Party Sites

This Site may contain links to sites owned or operated by parties other than Foremost. Such links are provided for your reference only. Foremost does not control outside sites and is not responsible for their content nor their conformity to applicable laws. Foremost’s inclusion of links to an outside site does not imply any endorsement of the material on the site, any sponsorship, affiliation or association with its owner, operator or sponsor, unless expressly disclosed otherwise, nor does Foremost’s inclusion of the links imply that Foremost is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.

LIMITATION OF LIABILITY

FOREMOST SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS ON THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL FOREMOST BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

General

You agree that the Terms of Use and your use of this Site are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. Foremost has endeavoured to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials or products on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of the Terms of Use is at your own risk and, if any part of the Terms of Use is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall govern such use. With the prior agreement of Foremost, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or the Terms of Use shall be decided by binding arbitration in accordance with the Arbitration Act, 1991, SO 1991, c 17 and any such arbitration proceedings shall be brought and held in Toronto, Ontario. 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. You agree Foremost may at any time and without notice, change the terms, conditions and notices under which this Site is offered. These Terms of Use, the General Terms and Conditions of Sale, and the Privacy and Security Policy constitute the entire agreement between you and Foremost with respect to your usage of this Site.