ACCEPTANCE AND ENTIRETY
These are the terms and conditions for the purchase of any product or services from My Modern Home Ltd. (“MMH”) and are a binding contract between each purchaser (referred to as a “Customer” herein) and MMH. By clicking “accept” to purchase a product, by purchasing any product from MMH, or by retaining MMH to conduct any service, Purchaser hereby accepts these Terms and Conditions, which constitutes the entire agreement between MMH and Customer and supersedes all prior communications, negotiations, representations, understandings and agreements (whether oral or written) which are made prior to the date of acceptance.
AMENDMENT AND WAIVER
No amendment, waiver, or other modification of or exception to any of the terms, conditions and provisions contained herein shall be valid unless specifically agreed to in writing by MMH.
PROPRIETARY INFORMATION
“Confidential Information” means any and all knowledge, information, documentation and data relating to MMH, its affiliates, or licensors including, without limitation, drawings, blueprints, improvements, design drawings, engineering drawings, specifications and customizations (defined herein as the ”Plans”) know-how, trade secrets, data, technology, design concepts, and work product generated in respect of the forgoing, whether arising before or after the effective date of these Terms and Conditions.
“Intellectual Property” means anything that is protected by any rights in and to any and all patents, trademarks, copyrights, industrial designs, technical information, trade secrets, and know-how.
All Confidential Information and Intellectual Property purchased hereunder or otherwise prepared or supplied by MMH shall be the property of MMH and information therefrom shall be considered Confidential Information and shall not be disclosed to any third party or made use of by Customer except as expressly permitted hereunder. MMH hereby grants Customer a limited, non-assignable, non-sublicensable license to use any Plans purchased hereunder for the construction of one individual residence (the “Customer’s Residence”), and permits disclosure of the Plans by Customer to third party contractors engaged by Customer as required in order to complete construction of Customer’s Residence, provided that Customer communicates the confidential and proprietary nature of the Plans to each such third party contractor. Customer shall be liable to MMH for any claims or actions and the resulting losses, liabilities, costs (including legal costs on a solicitor and his own client basis), damages, expenses, fines, penalties and interest, whether incurred through settlement or otherwise (specifically including any loss of profit, loss of business, increased overhead, or business interruption) arising directly or indirectly from Customer’s use or disclosure of the Plans except as expressly permitted herein.
TERMS OF SALE
All purchase of any product from MMH including, without limitation, Plans and printed drawings are a final sale. No returns will be accepted, nor any refunds issued.
NOTICE AND WAIVER
Customer hereby acknowledges and agrees that the Plans provided by MMH are design drawings only. MMH does not represent or warrant that the Plans will be suitable for construction under the building code of the Customer’s intended jurisdiction for construction. Additional technical specifications or consulting services (including, without limitation, structural engineering, site plans, or amendments to the design set out in the Plan) will be required by Customer to ensure suitability of the Plan for the Customer’s intended jurisdiction of construction or to complete safe, compliant construction of the Plan. Customer is responsible for ensuring that the Plan is constructed safely, and in a manner which is compliant with all applicable laws and regulations of the jurisdiction of construction. There are no warranties, express or implied, of merchantability, fitness, or otherwise, which extend beyond those expressly stated herein.
SHIPPING TERMS
By ordering or receiving hard copy Plans from My Modern Home, you hereby authorize our licensed customs broker to act on your behalf as your agent with the U.S. Customs and Border Protection Agency, to clear Plans through customs, and account for all duties and taxes owing.
LIABILITY AND LIMIT OF LIABILITY
MMH’s entire liability arising out of these Terms and Conditions or in respect of any product purchased or service rendered in respect hereof shall not exceed one hundred percent (100%) of the amounts paid for such product or service. MMH is not liable for incidental, punitive, special, consequential, or indirect damages of any kind.
GOVERNING LAW AND ATTORNMENT
This Contract shall be governed by and construed and interpreted in accordance with the laws of the Province of Alberta without regard to principles of conflicts of law that would impose a law of another jurisdiction. The Customer and MMH (referred to individually as a “Party” or collectively as “the Parties” herein) irrevocably attorn to the jurisdiction of the courts of the Province of Alberta.
MISCELLANEOUS PROVISIONS
(a) Customer shall not assign these Terms and Conditions or any interest herein without MMH’s prior written consent.
(b) The provisions of these Terms and Conditions, which by their nature are intended to survive the termination or expiration of these Terms and Conditions shall continue as valid and enforceable obligations of the Parties notwithstanding any such termination or expiration.
(c) In the event any provision, or any part or portion of any provision of these terms and conditions shall be held to be invalid, void or otherwise unenforceable, such holding shall not affect the remaining part or portions of that provision, or any other provision hereof.
(d) The rights and remedies under these Terms and Conditions are cumulative and in addition to other rights or remedies provided at law or in equity.
(d) These Term and Conditions shall be binding upon and enure to the benefit of each of the parties hereto and their respective successors and permitted assigns.
