Legal

MARTIAL EXCAVATION
GENERAL TERMS AND CONDITIONS OF USE

Date of last update: 2 March 2019

Martial Excavation Inc. (hereinafter "we"), located at 5431 Jonergin Street in Saint-Hubert, Quebec, J3Y 2S1, Canada is the sole owner and operator of this site https://www.martialexcavation.com. Use of the https://www.martialexcavation.com website (hereinafter referred to as "the site") is subject to the following conditions. Please do not access the site if you do not accept them fully, without limitation or reservation. Please note that we may change the terms of use at any time and without notice. By accessing the site, you agree to the terms and conditions set out below.

SITE USAGE
By visiting this site, you agree to be bound by the following terms and conditions ("Terms of Use"), including additional terms, conditions and policies referred to herein and/or accessible by hyperlink. These Terms and Conditions apply to all users of this site, including but not limited to users who browse the site, who are vendors, customers, merchants, and/or content contributors.

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you should not access the website or use the services offered on it. If these General Conditions of Use are considered as an offer, acceptance is expressly limited to these General Conditions of Use. All new features and tools that are later added to this website will also be subject to these Terms of Use.

You can consult the most recent version of the General Terms and Conditions of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or modifications on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes. Our website is hosted by Funio, located at 20 Place du Commerce in Verdun, Quebec, H3E 1Z6, Canada.

DISCLAIMER OF LIABILITY
While we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that such content is error-free or current or complete. In no event shall we be liable for any damage that may result from an error on the site. We assume no responsibility for any damage resulting from the misuse of the site's content. Nor can we guarantee that the site will be available without interruption, error or omission, or that defects will be corrected. Nor can it be guaranteed that the site and the servers that make it available are free of viruses or harmful components.   The site and its content are provided "as is" and "as available" without any representation, warranty or condition of any kind, express or implied. 

INTELLECTUAL PROPERTY
This site may not be reproduced, in whole or in part, without our express prior written consent. The materials on the Site, including but not limited to text, images, logos, illustrations, software, audio and video files, are owned or provided by us under license or with reference and source or provided with verbal or written permission from our suppliers. These elements are protected by the Copyright Act in Canada and other jurisdictions. The material on this site may not be copied, reproduced, republished, uploaded, posted, posted, transmitted, distributed or modified, in whole or in part, in text, graphic, audio, video or executable form, without our written permission. For the use of our photos and logos, you must obtain verbal or written authorization from the marketing manager at the following address. For more information, please contact us : Cindy Martin 5431 Jonergin Street in Saint-Hubert, Quebec, J3Y 2S1, Canada Telephone: 450-445-2839 / Fax: 450-926-1734 or by e-mail to cmartin@martialexcavation.com

REGISTRATION AND SUBSCRIPTION
If you decide to subscribe to services or features on the Site that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the applicable registration or subscription process, and to ensure its accuracy by making the necessary updates as soon as possible. You agree to maintain the confidentiality of any passwords or other account identifiers that you choose or are assigned to you upon registration or subscription with Martial Excavation Inc. or its partners and to assume responsibility for all activities related to the use of such passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or member account. In no event shall we be liable, directly or indirectly, for any loss or damage of any kind arising from or in connection with your failure to comply with this provision.

You acknowledge that we may, in our sole and absolute discretion and without notice, suspend, cancel or terminate your account, or your use of or access to the Site or any of its services, and remove and delete any information or content relating to the Site or any of the Services offered (and terminate your use thereof), for any reason whatsoever, including if we believe you have violated these Terms. In addition, you acknowledge that we will not be liable to you or anyone else for any such suspension, cancellation or termination. If you are dissatisfied with Martial Excavation Inc. or any of its services, or with any of these terms, conditions, rules, policies, guidelines or practices relating to the operation of Martial Excavation Inc. or any of its services, your sole remedy is to discontinue using the site or service in question.

PRODUCTS AND SERVICES
We have done our best to display as clearly as possible the colours and images of our products that appear on our website. We cannot guarantee that the display of colours on your computer screen will be accurate. We reserve the right, but are not obliged, to limit the sale of our products or services to any person, in any geographic area or jurisdiction. We could exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices may be changed at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of service or product presented on this site is void where prohibited by law. We do not guarantee that the quality of all products, services, information, or other merchandise you have obtained or purchased will meet your expectations, nor that any errors in the Service will be corrected.

CALCULETTE
We offer you the service of a calculator that allows you to calculate yourself the quantities you need in terms of materials and various products to carry out your projects. We do not guarantee and are not responsible for any data obtained, any errors that may result, any misinterpretation of the results, any prescribed formula that allows automatic calculation, any dimensions you provide or any other matters beyond our control. By using this service, you automatically accept the general terms and conditions of use. If you use this function, you do so at your own risk and discretion. We do not accept any responsibility for poor catches or for estimating your dimensions.

OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control, monitoring or influence. You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranty, representation or condition of any kind and without any approval. We will have no legal liability resulting from or related to the use of these optional third-party tools. If you use any of the optional tools available on the Site, you do so at your own risk and discretion. We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms of Use. 

SUGGESTIONS AND OTHER USER PROPOSALS
If, at our request, you submit specific content (for example, to participate in contests), or if, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by post, or otherwise, you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any comments you send us. We are not and shall not be required to (1) maintain confidentiality; (2) pay compensation to anyone for any content provided; (3) respond to it. 

CONFIDENTIALITY
Communications via the Internet are subject to interception, loss or alteration, therefore, you acknowledge that any information or material you provide electronically by accessing or using this site is not confidential or proprietary, except to the extent required by applicable law and that unprotected e-mail communications over the Internet may be intercepted, altered or lost. For more information, please consult our Privacy Policy at the following address: https://www.martialexcavation.com/confidentialite

ERRORS, INACCURACIES AND OMISSIONS
There may be information on our site or in the Service that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping costs, delivery times and availability. We reserve the right to correct any error, inaccuracy, omission, and to change or update information or cancel orders, if any information in the Service or on any other related website is inaccurate, at any time and without notice (including after you have placed your order). We are not required to update, modify or clarify the information in the Service or on any other related website, including but not limited to price information, except as required by law. No defined update or update date in the Service or on any other associated website should be taken into account to conclude that the information in the Service or on any other associated website has been modified or updated. 

HYPERLIANS
Martial Excavation Inc. provides links to third party sites or external sources as additional information only. We are not affiliated with these sites, and cannot guarantee the accuracy and quality of these sources. On the other hand, we are not responsible for content changes made by the administrators of these external references. Moreover, the inclusion of a link does not indicate or imply that we endorse its content.

INDEPENDENCE OF CLAUSES
If any of these clauses is found to be illegal, void or unenforceable, in whole or in part, the unenforceable portion shall not affect the validity and enforceability of the remaining clauses of these Terms of Use.

JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Quebec (Canada). Any dispute related to them shall be submitted to the exclusive jurisdiction of the courts of the Province of Quebec.

NO WAIVER
Martial Excavation Inc.'s failure to strictly enforce or otherwise enforce any provision of these terms and conditions shall not be construed as a waiver of such right or provision.

CONTACT INFORMATION
Questions regarding the Terms of Use should be sent to us at info@martialexcavation.com.