Terms & Conditions
This Web site (the "Site") is operated by Calibre Sales Inc. (“Calibre”). Your use of and access to the Site is subject to the following Terms and Conditions, which you are deemed to accept by using the Site. If you do not agree to comply with these Terms and Conditions, please exit the Site. These Terms and Conditions may be revised, modified or updated by Calibre Sales at any time without further notice.
1. Trademarks
The Calibre logo is a registered trademark of Calibre Sales and your use of the Calibre name or any other trademarks, trade names of logos used on the Site (whether owned by Calibre Sales or any third-party) is expressly prohibited.
2. Intellectual Property Rights
All copyright and other intellectual property rights in and to the Site and any data and material on the Site are owned by Calibre Sales or are used by Calibre Sales with the permission of the owner(s). Except otherwise expressly permitted by law, you may not use, copy, adapt, modify, sell, license, distribute, transmit, display, publish or create any works derived from material available on the Site without Calibre Sales’ prior written consent.
Other trademarks and design marks appearing on the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademark contained therein except with the express written permission of Calibre Sales or the respective owner of the applicable trademark or design mark.
3. Login ID’s and Passwords
Your access to portions of the Site and certain services requires login ID’s and passwords. Upon being accepted as a customer, Calibre Sales will provide you with a unique ID and password, which allows access. It is your responsibility to protect that information, including without limitation, to use an effective password that is not easily guessed or discoverable, and keep your login ID and password confidential. You are responsible for any activity that occurs under your login ID. You will report to Calibre Sales immediately if you discover any compromise of your password or suspected unauthorized use of the Site using your identity.
4. Links to Other Sites
Any third party sites that are linked to the Site are not under Calibre Sales’ control. These links are provided for your convenience only, and they do not imply any endorsement by Calibre Sales of those sites. Use of these links may cause you to leave our Site completely. Calibre Sales is not responsible for anything on the linked sites, including without limitation any content, links to other sites, any changes to those sites or any policies those sites may have.
5. Security
You may not distribute, publish or use the Site to send any unsolicited communications or solicitations of any type (commonly known as "spam"), nor may you collect e-mail addresses, screen names or identifies (commonly known as spidering or harvesting) from the Site. You may not violate the security of the Site in any way, including but not limited to hacking, unauthorized interception of electronic communications, use of spyware software, intentional interference with service, or falsification of the origin or routing information.
6. Privacy
Please see our Website Privacy Policy. The “contact us” email feature on the Site is like any email, and is not a secure facility. We discourage you from using it to send sensitive or private information.
7. Sale Details
Calibre Sales tries to provide accurate information on this Site. Calibre Sales reserves the right to change the goods and services available and their prices without any notice or liability. Calibre Sales cannot guarantee that products or services advertised on the Site will be available when ordered or thereafter. Calibre Sales reserves the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If you order products or services, for which the price was incorrectly displayed, Calibre Sales will provide you with an opportunity to place an order at the correct price. If you order products or services that are not available, Calibre Sales will notify you by email or phone. Calibre Sales reserves the right to limit quantities sold. You properly completed and delivered order form is your offer to purchase the products and/or services in your order. Your order is deemed accepted only if and when Calibre Sales sends an order confirmation to your email address.
8. Disclaimer
YOU AGREE TO BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE. ALL INFORMATION AND CONTENT AVAILABLE TO YOU THROUGH THE SITE IS PROVIDED “AS IS”, WITHOUT ANY WARRANTY WHATSOEVER. CALIBRE SALES DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR USE OF ANY CONTENT OR INFORMATION AVAILABLE ON THE SITE. CALIBRE SALES DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL CALIBRE SALES BE LIABLE TO YOU FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
9. Indemnity
Through your use of the Site, you agree to indemnify and hold harmless Calibre Sales from and against all claims, liabilities, losses, expenses, damages (including reasonable attorneys fees) that arise from or in connection with (i) your violation of any of these Terms and Conditions, (ii) your violation of any law or regulation in connection with your access to or use of the Site, or (iii) your use of the Site in any manner.
10. Terms and Conditions Changes
Calibre Sales may change these terms and conditions by posting notice on the Site. These terms were last revised on January 15, 2013.
11. Governing Law
This Site is governed by the laws of the Province of Ontario, Canada, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal actions against Calibre Sales shall take place in the courts of the Province of Ontario. The parties attorn to the non-exclusive jurisdiction of the courts of Ontario.
