Home Improvement Services for Sam’s Club Members: Website Terms And Conditions
Except as otherwise agreed to by Home Improvement Call Center Corp. (“HI3C”), the following terms and conditions (the “Terms”) shall govern your use of the Home Install Experts Website (“Website”).
Related Policies and Terms
Additional policies and terms apply to the use of specific portions of the Website and to the purchase of certain products and services and are included as part of these Website terms (the “Terms”). These Terms apply exclusively to your access to, and use of, the Website and do not alter in any way the terms or conditions of any other agreement you may have with HI3C for products, services, or otherwise.
Modification of Site Terms
HI3C reserves the right to modify these Terms in our sole discretion from time to time. If the Terms are changed, we will post the new terms on the Website and note the date they were last updated. Any changes or modification will be effective upon the date of posting, and your use of the Website following the posting will constitute your acceptance of the revised Terms.
Use of Information
The information contained in this Website is not intended to provide specific legal, home improvement, financial, or business advice for any individual or entity and should not be relied upon in that regard.
You agree that electronic pages, such as HI3C Website pages, are written documents and that by electronically acknowledging by "clicking" any "buttons" stating "OK", "proceed", "continue", "approve" or "buttons" with similar intent shall have the same legal effect as if you had placed your signature by hand and provided hardcopy versions of such pages with intent to be legally bound with HI3C for their content.
HI3C reserves the right to contact you to obtain confirmation of any electronic or telephone instruction before processing any transaction but will not be liable due to any inability or failure of HI3C to contact you in order to confirm such instructions.
Recording Calls and Other Instructions
HI3C records all calls for training and quality control purposes. When we call our customers back, we use an automated dialing system using the telephone number provided by the customer. No purchase is ever necessary and customers can call us directly to obtain a free estimate at 1-888-678-1354. You agree that all telephone calls and other electronic correspondence may be recorded and kept as a record of your instructions.
Do not use the Website to communicate to others, to post on the Website, or otherwise transmit to the Website, any materials, information, or communication that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful, harassing, pornographic, obscene, profane, defamatory, libellous, threatening materials which constitutes or may encourage conduct that would be considered, a criminal offence, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation. Notwithstanding that HI3C or other parties are involved in creating, producing or delivering the Website, HI3C shall have the right to monitor or review all communications, materials, transmissions, postings, discussions and chats.
If the Website contains bulletin boards or any other message or communication facilities whatsoever (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that shall not, in any manner or to any extent, do any of the following:
- commit any criminal or quasi-criminal offence, including without limitation, any pornography, hate, assault, or economic crime whatsoever;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
- infringe, contravene, breach or otherwise interfere with or harm the rights of any other person, including without limitation any contractual, personality, confidentiality, privacy, moral, statutory, common law or intellectual property;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- delete any author attributions, trademarks, trade names, logos, legal notices or proprietary designations or labels in any file that is uploaded;
- falsify the origin or source of software, information or other material contained in a file that is uploaded;
- advertise or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters; and,
- download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
You accept any records or documents stored or produced by HI3C through electronic means or device as sufficient evidence for all purposes to establish such documents and the contents as correct, authentic, and binding on you.
HI3C (or a third party) owns any software or device HI3C has supplied to you for purposes of facilitating direct access to a HI3C product or service, and you use same under a non-exclusive, non-assignable license, solely for the purpose intended. HI3C may demand their return at any time without prior notice and you will comply promptly, without keeping any copies.
Available Only Where Permitted by Law
The products and services described in the pages of Websites of HI3C and other HI3C entities, are only offered in jurisdictions where they may be legally offered for sale.
No confidentiality, use of information
The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. The Website may include incomplete information, inaccuracies or typographical errors. HI3C, and any other persons involved in the management of the HI3C Website, may make changes in the information and content included in the Website at any time without notice. HI3C shall not be responsible for any detrimental reliance you may place on the Website or its contents. Use of the Website is on an "as is" basis and is strictly and entirely at your own risk. By entering the Website you acknowledge and agree that any communication or material you transmit to the Website, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any communications, information, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to the Website may be used by HI3C anywhere, anytime and for any reason whatsoever.
Although the HI3C Website may be linked to other sites, HI3C is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. By entering the Website you acknowledge and agree that HI3C has not reviewed all sites linked to the Website and is not responsible for the content of any off-site pages or any other site linked to the Website. Your linking to any other off-site pages or other sites is at your own discretion and risk.
By entering the HI3C Website you acknowledge and agree that the Website will be construed and evaluated according to the laws of the Province of Ontario, Canada. You hereby agree and confirm that your use of the HI3C Website and all of the communications, transmissions and transactions associated with the HI3C Website shall have occurred in the Province of Ontario, Canada and that you submit to the exclusive jurisdiction of the courts of the Province of Ontario as the proper and most convenient forum concerning the HI3C Website. If you use the HI3C Website from another jurisdiction, you are responsible for compliance with any and all applicable local laws. HI3C makes no representation that the materials contained within the HI3C Website are appropriate for customers outside of the Province of Ontario, Canada.
English shall be the language of the Website, and all transactions occurring in connection with the HI3C Website, and the parties waive any right to use and rely upon any other language, or translations. Il est de la volonté express des parties que le présent Site et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.
Copyright and Ownership
All Website materials are owned by us and others and are protected by Canadian, American and international copyright, trademark and other applicable laws. HI3C is the registered copyright owner of the Website and no portion of the Website, including but not limited to the content, information, text, images, audio or video, may be used in any manner, or for any purpose, without HI3C’s prior written permission, except if indicated herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on the HI3C Website for your personal, non-commercial home use only, provided you do not delete obstruct, or change any copyright, trademark or other proprietary notices. Modification, repostment or use of the material on the HI3C Website in any other manner whatsoever and for any other purpose violates HI3C’s legal rights.
Trademarks Belonging to HI3C or Other Entities
Certain names, graphics, logos, icons, designs, words, titles or phrases at this Website may constitute trade names, trademarks or service marks of HI3C or other entities. Trademarks may be registered in Canada and in other countries as applicable.
The display of trademarks on the pages of this Website does not imply that a license of any kind has been granted unless expressly stated herein. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal or common law, trademark and/or copyright laws and could subject the copier to legal action.
Marketing Names/Trade Names Used by HI3C
“HI3C” is a registered trademark and marketing name (also referred to as a trade name or brand name) used by Centah Inc. and FinanceIt Canada Inc.
Unauthorized use of HI3C's logos and/or name or trade names is prohibited. All information at this site is protected under the copyright laws of Canada, the United States, and in other countries. In addition, certain information may be copyrighted by others. Unless otherwise specified, no one has permission to copy, redistribute, reproduce or republish in any form, any information found at this Website.
Limitation of Liability
HI3C shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or other defect in, the information contained within this Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby.
IN NO EVENT SHALL HI3C BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH HI3C’S OPERATION OF THE SITES OR WITH THE USE OR INABILITY TO USE THE SITES OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITES, EVEN IF HI3C OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HI3C (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITES EXCEED $10 OR THE COMPENSATION YOU PAID HI3C, WHICHEVER IS LESS.
©2020 Home Improvement Call Center Corp. All rights reserved. “HI3C®” and “Centah®” are a registered trademarks of Centah Inc. "FinanceIt Canada Inc.®" and "Financeit®" are registered trademarks of CommunityLend Holdings Inc.