Terms of Use

Last Updated: December 2020

Welcome to the Web site for PlumbShop®, at www.plumbshop.ca (Web Site or Site). We maintain this Site for general promotional, investor relations and public information purposes. The following Terms of Use (Terms) apply to your use of this Site. Please read them carefully! By using this Web Site, you are agreeing to be bound by these Terms. You may not use this Site if you do not agree to these Terms.

Unless the context indicates otherwise, as used in these Terms, (i) “Masco,” “us,” “we” and “our” refer to Masco Canada and its subsidiaries and affiliates and (ii) “Content” refers to any or all text, documents, photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations and other information provided by us on or through this Web Site, including user interfaces and the selection, coordination and arrangement of such information.

BY USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THE “GOVERNING LAW; AND ARBITRATION” SECTION BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Changes to this Site or these Terms

We may change or discontinue all or any part of this Web Site (including access to this Web Site via any third-party links) at any time without prior notice or obligation to you; charge, modify or waive any fees required to use this Web Site; or offer opportunities to some or all Web Site users. We may also change these Terms at any time by notifying you of such changes by any reasonable means, including by posting revised Terms through the Site. Any such changes to the Terms will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise provided notice of such changes. Your continued use of the Site after such changes have been posted will constitute your acceptance of the changes to these Terms. The “Last updated” legend above indicates when these Terms were last changed.

Information Submitted Through the Site

Your submission of information through the Site is governed by our Privacy Policy, located at www.plumbshop.ca (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.

Intellectual Property

The Content provided on this Web Site is copyrighted by Masco Canada or our third party licensors and is protected from copying, reproduction, modification, distribution, display, performance or transmittal for any purpose under Canadian and international copyright laws.

The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to Masco Canada or our third party licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under Canadian and international trademark laws.

Nothing stated or implied on this Site confers on you any license or right under any copyright, trademark or service mark of Masco Canada or any third party. Unauthorized use of this intellectual property is expressly prohibited and may be a violation of law.

Permitted and Prohibited Uses

Subject to your compliance with these Terms, and solely for so long as you are permitted by Masco BU to access and use the Site, you may view and make one electronic or paper copy of the information posted on any screens of this Web Site, provided that you use the copy solely for your personal, informational and non-commercial purposes and that you (i) keep all copyright and other proprietary notices intact, (ii) do not modify the Content or use it in a manner that suggests an association with any of our products, services or brands and (iii) do not download quantities of the Content to a database that can be used to avoid future downloads from this Site.

You may not, in connection with the Site, do any of the following:

• Reproduce, upload, post, transmit, display, modify, adapt, translate, create derivative works of, sell, resell, rent, lease, loan, timeshare, distribute, redistribute or otherwise use or exploit any materials or design elements of this Site, any other portion of this Site, or use of or access to the Site, except as expressly authorized herein, without our prior written consent;
• Use or access the Site, including any Content or Software, for any commercial purpose;
• Reverse engineer, decompile or disassemble the Software or any portion of the Site or otherwise attempt to determine the source code or trade secrets of the Site or the Software;
• Violate or attempt to violate the security of the Site;
• Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
• Use the Site, including any Content or Software, for any tortious, fraudulent or otherwise unlawful purpose;
• Impersonate any person or entity, including without limitation any representative of Masco BU; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that any statements you make are endorsed by us, without our prior written consent; or modify the Site, including any Content or Software, use it in a manner that suggests an association with us or any of our products, services or brands;
• Transmit, post or otherwise make available through or in connection with the Site (a) any content or information that is unlawful, fraudulent, threatening, harassing, degrading, hateful, intimidating, abusive, libelous, defamatory, obscene, indecent, pornographic or otherwise objectionable, or otherwise fails to respect the rights and dignity of others; (b) any material, non-public information about companies without the authorization to do so; (c) any information or material protected by trade secret, copyright, trademark, right of publicity or privacy or any other intellectual property or proprietary right of any third party, without the express prior written consent of the applicable owner; (d) any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”; or (e) any advertisements, solicitations, junk mail, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming or flooding;
• Transmit, post or otherwise make available through or in connection with the Site any software or other materials that contain any viruses, worms, Trojan horses, Easter eggs, defects, date bombs, time bombs, spyware or other computer code, file, program or item of a destructive nature that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”);
• Remove any copyright, trademark or other proprietary rights notices contained in the Site, including with respect to any Content or Software;
• “Frame” or “mirror” any part of the Site, or otherwise incorporate any portion of the Site into any product or service, without our prior written authorization;
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, scrape, “data mine” or otherwise gather Site-related content or information or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Masco Canada grants to the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.Masco Canada reserves the right to revoke these exceptions either generally or in specific cases, at any time and without notice.
• Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent;
• Create a database by systematically downloading and storing Site content;
• Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect information about Site visitors or members without their express consent; or
• Otherwise disrupt or interfere with the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.

Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination or suspension of your access to the Site. If you download Software from the Site, such Software is licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we or our third party licensors retain all right, title and interest in and to the Software, and all intellectual property rights therein. You may not re-sell or transfer the Software to any third party.

Forums and Public Communication

This Site may enable users to submit their own content to a chat area, message board or e-mail function (“forum”). Any forum on the Site is a free service to enable you to share comments about products and services available on our Site. If you participate in a forum within the Site, any information you disclose in such a submission may be publicly available and you should exercise caution in deciding whether to disclose any personal, financial or other sensitive information there. By uploading or submitting any materials to a forum, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, display and distribute such materials or incorporate such materials into any form now known or later developed. Masco Canada cannot prevent other persons who access this Site from using submissions and personal information they find here, even if their use of that information violates the law or your personal privacy and safety.

When participating in a forum, you should not assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated. Information obtained in a forum may not be reliable and it is not a good idea to trade or make any investment or other decision based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information and shall not be responsible for any trading, investment or other decisions made based on such information.

Masco Canada is proud to provide a forum for you to air your opinions on the topics and items we feature. While we appreciate your time and comments, we request that you refrain from including the following in your posts: (i) profanity, obscenities, hateful, threatening or harassing comments or images; (ii) discussion of illegal activities or intent; (iii) solicitations for commercial activities or other statements that do not generally relate to the designated topic of the forum; (iv) personally identifiable information such as phone numbers, addresses or URLs; (v) any information that violates any right of a third party or any law; and (vi) any software or other materials that contain a virus or other harmful component. Masco Canada reserves the right to edit or remove content from any forum at any time and for any reason.

A testimonial board post is not an effective way to tell us you need help with an order or Site feature. If you’d like to tell us about a specific problem, please e-mail us. Masco Canada disclaims liability for any failure on its part to provide help with a specific problem disclosed on this Site.

Disclaimer of Warranties

In preparing this Web Site, we have tried to assure that the information posted is accurate, complete and current as of the dates indicated on the screens and that your use of the Site will be uninterrupted and error-free. However, we make no guarantees or warranties of any kind, express or implied, regarding the Content or operation of the Site. You access and use this Site at your own risk. The Content (including all information available on or through the Site) is provided “AS IS” and we are not responsible for its use or misuse. Access to this Site from locations where the Content may be illegal is prohibited and you are responsible for compliance with applicable local laws. You are also responsible for taking all necessary precautions to assure that any material you obtain from this Site is free from computer viruses, worms, Trojan horses or other destructive devices.

A possibility exists that the Site, including any Content, Software or Forums could include inaccuracies or errors, or information or materials that violate or conflict with these Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, including to any Content, Software or Forums. Although we try to maintain the integrity, timeliness, and security of the Site, we make no guarantees that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. In the event that a situation arises in which the Site’s completeness or correctness is in question, please visit www.mascocanada.com and send an email through the Contact Us section, with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE CONTENT, (IV) WARRANTIES RELATING TO THE OPERATION OF THE SITE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS) AND (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY.

Links from this Web Site

We have provided hyperlinks from this Web Site to selected third party Web sites as a convenience to you. However, by providing such links, we are not endorsing such third parties or their Web sites. We are not responsible for and make no representations about the contents or use of such hyperlinked third party sites or any further links contained there to other sites. If you use a Web site that is hyperlinked to this Web Site, you do so at your own risk; we are not responsible for assuring that hyperlinked sites are free from computer viruses, worms, Trojan horses or other destructive devices. We may discontinue our hyperlinks to any third party site at any time without notice or obligation to you.

Links to this Web Site

If you wish to provide a hyperlink from your Web site to this Web Site, you may do so only under the following conditions: (i) links to our Site can be text- or image-based; (ii) the link can “point” to the homepage URL www.plumbshop.ca or to deeper pages within our Site; (iii) when selected by a user, the link must display our Site on full-screen and not within a “frame” on the linking site; (iv) the appearance, position and other attributes of the link may not imply that you or any related organizations or entities are endorsed or sponsored by, affiliated with, or associated with us; (v) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks; (vi) the linked site may not contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age, racial, religious and other groups protected by law; and (vii) we reserve the right to revoke our consent to the link at any time in our sole discretion and you will remove the link immediately upon our request. By linking your Web site to ours, you are agreeing to be bound by these terms.

Violations; and Indemnity

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including termination, suspension or blocking of your access to this Web Site. Our failure to enforce any provision of these Terms will not constitute a waiver of such provision or of our legal or equitable rights. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless us and the Affiliated Entities from and against any and all damages, claims, liabilities, judgments, losses, awards, costs, expenses and fees (including attorneys’ fees), arising out of or related to (i) your violation or alleged violation of these Terms; (ii) any allegation that any materials you submit to us or transmit to the Site (including any Submissions) infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your access to or use of, or activities in connection with, the Site (including any Content or Software).

Questions and Comments

We welcome questions, comments and other feedback about this Web Site and about our products and services. However, please be aware that we will treat all such communications as non-confidential and may reproduce, use, disclose and distribute them without notice or obligation to you.

Changes to this Site or these Terms

We may change or discontinue this Web Site at any time without prior notice or obligation to you. We may also change these Terms at any time without prior notice or obligation and your continued use of the Site after such changes have been posted will constitute your acceptance of the changes.

Limitation of Liability

We specifically disclaim all liability (whether based in contract, tort, negligence, strict liability, by statute or otherwise) for any direct, indirect, incidental, consequential, punitive or special damages arising out of or relating to your access to and/or use of this Web Site (including those arising from your reliance on the Site Content or on any products or services obtained through the use of this Site, lost data, computer viruses or other destructive devices, and delays, breakdowns or interruptions in the use of the Site for any reason whatsoever).

Governing Law

These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and Canada, without reference to any choice of law rules under Ontario law. You agree that any action at law or in equity arising out of or relating to these Terms or relating to your use of this Web Site will be filed only in the provincial or federal courts located in St. Thomas, Ontario and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

These Terms may be supplemented by additional terms posted at other locations on this Site, but these Terms will supersede in the event of a conflict with such additional terms. These Terms and such additional terms constitute our entire agreement with you regarding your use of this Web Site.

Violations

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including suspension or blocking of your access to this Web Site. Our failure to enforce any provision of these Terms will not constitute a waiver of such provision or of our legal or equitable rights. You agree to defend and indemnify us and our directors and employees from and against any and all damages, claims, liabilities and costs arising directly or indirectly from your violation of these Terms or your use of this Site.

Terms and Conditions for User Content

Masco Canada Limited (“we,” “us” or “Masco”) owns and/or operates various websites that permit users (“you,” “User” or “Users”) to submit or publish content (“User Content”). Such websites may include, but are not limited to, message boards, blogs, social networks and comment boards. By registering or submitting any User Content, you accept and agree to the following Terms and Conditions for User Content.

Eligibility and registration

As part of the registration process, you will be asked to select a username and you will be responsible for all activities occurring under your username. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. You are solely responsible for any and all uses of your username.

Appropriate conduct and content; personal use only

By acceptance of these Terms and Conditions, you agree that any information you provide about yourself is accurate and complete at the time provided. In particular, you represent that you are 21 years of age or older.

You may not use Masco Canada’s websites for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from Canada or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links and other content that you submit, post or display.

We may, without notice to you, but we shall have no obligation to, refuse, edit and/or remove User Content that we determine in our sole discretion is unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other proprietary rights or these Terms and Conditions. We also reserve the right in our sole discretion to refuse, edit and/or remove any content that may be deemed inappropriate without providing notice to you.

Children’s privacy

We are committed to protecting the privacy of children. These websites are not intended or designed to attract children under the age of 21. We do not collect personally identifiable information from any person and as such we will not have actual knowledge when a user is under the age of 21.

Changes to Terms and Conditions for User Content

We reserve the right to modify or terminate any User Content for any reason, and without notice, without liability to you or any third party. We also reserve the right to modify these Terms and Conditions from time to time without notice. You are responsible for regularly reviewing these Terms and Conditions so that you will be apprised of any changes.

License to Use Materials

By submitting, posting or displaying any User Content, you automatically grant Masco Canada a worldwide, non-exclusive, royalty-free, irrevocable license to publish, create derivative works, publicly display, re-display or otherwise use such User Content as it sees fit on Masco Canada’s websites and in all other forms of electronic or non-electronic media that are used by Masco Canada or its agents in connection with the promotion, marketing, use or expansion of any of its business.

You represent to Masco Canada that you own all User Content you submit and/or have the unencumbered legal right to grant the above-referenced license with respect to all User Content you provide. You further represent to Masco Canada that such materials do not infringe any third party copyrights or other third party intellectual property rights. You also certify to Masco Canada that each person whose identity can be determined from an image/video/audio file has consented to appear in, and to your use of, that image/video/audio file. You agree to fully indemnify Masco Canada for any and all losses resulting from the invalidity or inaccuracy of such representations and certifications.

You may not copy, modify, publish, transmit, distribute, perform, display or sell any third party submitted proprietary information or Masco Canada’s proprietary information, which includes the sum of all postings and photos/video/audio files to or on the site.

Please do not send to any website anything that constitutes a trade secret or confidential or proprietary information. We are not in a position to accept such information, nor can we agree to obligations of nondisclosure or confidentiality with regard to submitted plans or ideas. You agree that any information or materials that you, or individuals acting on your behalf, provide will not be considered confidential or proprietary.

Standard Terms and Conditions for Masco Canada Websites

In addition to these Terms and Conditions, you agree to be bound by Masco Canada’s standard Terms and Conditions for its websites, as the same may be modified and updated from time to time, with respect to your use of Masco Canada’s websites.

Questions

If you have any questions about these Terms or this Web Site, please contact us.