Notice Regarding Legal Authority to Bind Maxi-Mix
Only the authorized corporate officers of Maxi-Mix Inc. (hereinafter “Maxi-Mix ”) shall have the legal authority to bind Maxi-Mix to any obligation and/or agreement whatsoever. No legal contract or agreement, or modification or amendment to any legal contract or agreement, to which Maxi-Mix is a party will be valid or binding upon Maxi-Mix unless agreed to in a formal written document signed by an authorized corporate officer of Maxi-Mix . Authorized corporate officers of Maxi-Mix are only the President and the Corporate Secretary. An employee of Maxi-Mix who is not an authorized officer of Maxi-Mix has no actual, apparent, or implied authority to legally bind Maxi-Mix in any manner whatsoever.
(B) Changes to Terms of Service. Maxi-Mix may modify the Terms of Service, or any part hereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of MaxiMix.ca after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
(C) Changes to the Site. Maxi-Mix may change or discontinue any aspect, service, feature of the Site or product or service of Maxi-Mix described herein at any time and without notice, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(D) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware, and any other equipment needed for access to and use of this Site, and for all charges related to the same.
(E) Image Limitations. Maxi-Mix strives to accurately reproduce the screen images of the colour grout/mortar. However, due to manufacturing variances, the limitations of your monitor resolution and the variation in natural exterior lighting, actual colors may vary from the images you see. To ensure complete satisfaction, you should make final color selections from viewing actual product.
- Copyright Ownership
(A) General. MaxiMix.ca contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, documents, software, photos, video, graphics, music, and sound. The entire content of this Site is copyrighted as a collective work under Canadian and International copyright laws. Maxi-Mix owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content on the Site, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of material obtained from the Site will be permitted without the express, written permission of Maxi-Mix. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading, or otherwise using copyrighted material from this Site.
(B) Approved Copyright Legend. Here is the appropriate copyright legend that should be used for any such materials obtained or referenced from this Site: Copyright © 2022 Maxi-Mix Inc. All rights reserved.
Maxi-Mix owns all right, title, and interest in its registered and unregistered trademarks, service marks, logos, and taglines used in connection with any of Maxi-Mix ’s products or services referenced on the Site or otherwise provided by Maxi-Mix in the industry, including, but not limited to, the marks Maxi-Mix , the Maxi-Mix logo(s) and stylized marks. Any other marks, logos, or company names appearing on the Site are the property of their respective owners.
- Disclaimer of Warranty & Limitation of Liability
(A) Information contained on this Site is intended for general information purposes only, is not intended to make any representations or legal statement, and is provided on an “as is” basis. While effort has been made to provide correct and clearly expressed information, errors may occur. Furthermore, any information contained on this Site is subject to change at any time and without notice.
(B) Maxi-Mix and any of its officers, directors, shareholders, employees, and agents hereby disclaim any responsibility or liability for any errors, omissions, or statements contained on this Site and assume no liability whatsoever for any action taken in reliance on the information contained on this Site, or for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of this Site or of any information or content contained therein.
(C) UNLESS GOODS SOLD BY Maxi-Mix OR ANY OF ITS AFFILIATES ARE SUBJECT TO AN EXPRESS LIMITED WARRANTY OR OTHER WARRANTY PROVIDED BY Maxi-Mix AS EXPLICITLY SET FORTH ON THE SITE (www.MaxiMix.ca), THE GOODS ARE SOLD “AS IS, WITH ALL FAULTS,” WITHOUT RECOURSE, AND Maxi-Mix DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRIVATE LABEL GOODS, GOODS DESCRIBED AS “SECONDS,” “ECONOMY,” “DAMAGED,” “OFF-GRADE,” AND OTHER SIMILAR DESIGNATIONS ARE DEEMED TO BE SOLD “AS IS, WITH ALL FAULTS.”
- Links to Third Party Content or Websites
In the event that there are any links or pointers to third party (not owned or operated by Maxi-Mix) websites within this Site, such links are provided merely for convenience to you and do not constitute an endorsement of the products or services offered by the owner or operator of such third party websites. Maxi-Mix and any of its officers, directors, shareholders, employees, and agents hereby disclaim any responsibility or liability for such third party websites and assume no responsibility or liability for any content, information, or statements made on such linked websites or by the owner or operator of such websites.
- Entire Agreement
These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede any and all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of Maxi-Mix and any of its affiliated companies or entities. These Terms of Service shall be construed in accordance with the laws of the Province of Ontario, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.