Terms of use

These terms of use (“Terms”) govern your use of the GROUP CABICO INC. (“CABICO”) website located at http://www.cabico.com/ or http://www.cabicoboutique.com/ and other websites administered by CABICO where these Terms are posted (altogether “Site”). By accessing, using or posting anything to the Site, you agree to use the Site in accordance with all applicable laws and regulations and in accordance with the terms and conditions outlined herein. These Terms may be updated from time to time and the most recent version of the Terms will be posted on the Site. Your use of the Site constitutes your acceptance of these Terms, and any changes thereto. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

Ownership of Intellectual Property

All content on the Site that we provide, including but not limited to, text, graphics, logos, icons, images, headers, illustrations, audio clips, video clips and software is owned or licensed by CABICO, its affiliates or the content providers, and is protected by law, including Canadian, United States and international copyright laws. In addition, any trade names, trademarks (registered or unregistered) or other intellectual property are also owned by CABICO, its affiliates or the content providers and any use, misuse or copying of any trademarks or intellectual property is prohibited without our express authorization. Except as expressly authorized in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means.

License

CABICO grants you a limited, non-exclusive and revocable license to use the Site in accordance with these Terms. The content on the Site that is posted by CABICO, including but not limited to any text and images contained herein and their selection and arrangement, is owned by CABICO, its affiliates or our content providers. You may download material from the Site that is posted by CABICO for your personal use; however, you may not transmit, broadcast, upload to any computer, mobile or other device, create derivative works of, or make commercial use of the Site or any material provided or obtained through the Site, including, but not limited to, the names, images and other information used in any User Content (as defined below). You acknowledge that we or our third party content providers retain ownership of the posted materials and that you are not acquiring any ownership rights by downloading copyrighted materials.

Color Correctness Disclaimer

Product photography and illustrations have been reproduced as accurately as print and web technologies permit. However, due to variations in individual user’s monitor settings, calibrations, color printing settings, and lighting sources, we cannot guarantee that your cabinets will be an exact match to the colors represented on this site or on a home printer output. To ensure highest satisfaction, we suggest you view an actual sample from your nearest dealer or CABICO Boutique for best color, wood grain and finish representation.

Your Representations and Warranties

You represent and warrant that you possess the legal right and ability to agree to these Terms, that you are over the age of 13, and that all information or material that you submit to the Site, including any images, photographs, graphics or pictures (“User Content”) is owned by you, is true, accurate and current. By submitting any User Content to or through the Site, you represent and warrant that: (a) you are the copyright owner of such User Content; and (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms.

You further agree that you will not:

(i) Submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant the right to use such materials as provided in these Terms (this includes, but is not limited to, a prohibition on submitting a photograph of or including another person without that person’s permission);

(ii) Post on the Site any false information or misrepresentation that could result in liability or damage to CABICO or any third party;

(iii) Submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, graphic or gratuitously violent, harassing, hateful, racially or ethnically offensive, encourages conduct that would give rise to criminal or civil liability, violate any law, or is otherwise inappropriate;

(iv) Impersonate another person, including submitting their photographs as your own;

(v) Collect users’ information, or otherwise access website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission; or

(vi) Transmit worms, viruses or other malicious codes.

The Site may allow you to access and interoperate with third party websites, software applications, and data services (“Third Party Applications”). Your access to and use of any Third Party Applications is governed by the terms and conditions respecting such offerings provided to you at the time you access such Third Party Applications, as well as any applicable third party rules, requirements or terms, and you hereby agree to adhere to such terms. You understand that in submitting any User Content, you are giving CABICO and its designees an exclusive (unless specifically stated otherwise in this Site), worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to exploit the User Content and any person’s property (physical, personal, and indicia) contained therein, in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party. CABICO’s rights shall include, without limitation, the right to reproduce, record, alter, amend, edit, publish, publicly perform, use, merchandise, license, sublicense (through multiple tiers), adapt, and stream the User Content in any and all media now or hereafter known, including but not limited to, the Internet and outdoor billboards, throughout the world, related to CABICO, its agents and designees. You acknowledge and agree that CABICO has now, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright or any other intellectual property or confidentiality, privacy and/or publicity interest in and to any User Content submitted by you.

In addition, CABICO is free to use, without obligation of any kind to you or any third parties, any ideas, concepts, techniques, or know-how contained in any communication (including without limitation, any User Content) you send through the Site for any purpose whatsoever, without any further consent, notice and/or compensation to you or any third parties.

You also acknowledge and agree that CABICO may obtain User Content on this Site, or otherwise develop on its own, or through third party vendors it engages, ideas and materials that may be similar or identical in theme, idea, format or other respects to ideas and other User Content you submit to the Site, and you waive any and all claims you may have had, may have, and/or may have in the future, that any ideas, composition, video and/or other works used by CABICO based on any similarity with any User Content submitted by you on this Site

Data You Provide

If you decide, or if at any time you are asked, to register for or complete an application available through any part of the Site, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration or application form and (ii) maintain and promptly update the data to keep it true, accurate, current and complete. Any data you provide about yourself or your interests shall be referred to in these Terms as “Data You Provide”.

Login Names and Passwords

Certain areas and features of the Site may be accessible only to users who have been issued a login name and password (collectively “User Account”). For the purposes of accessing the Site, the User Account remains the property of CABICO. CABICO may, at its discretion, cancel or suspend the User Account and deactivate or delete any related information and/or files associated with the User Account or bar access to such information and/or files at any time without any notice or liability to you or any other person.
CABICO is not under any obligation to verify the actual identity or authority of any person using User Account to access and use the Site. CABICO may act upon any communication that is given with the use of User Account. CABICO may in its discretion at any time require proof of the identity of any person seeking to access and use the Site, and may deny access to and use of the Site or parts of it or refuse to accept or act upon any communication if CABICO is not satisfied with such proof.

If you have been issued a User Account: (a) you represent that you are a resident of Canada or of the 50 United States or the District of Columbia, have reached the age of majority where you live and you can form legally binding contracts under applicable law; (b) you represent that are not a person barred from receiving services under applicable law; (c) you agree to provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Site (the “Registration Data”); (d) you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (e) you are fully responsible and liable for the security of the User Account and any and all use and misuse of the User Account; (f) you will keep the User Account secure and confidential at all times and not disclose the User Account to any other person or permit any other person to use the User Account; (g) you will ensure that all uses of the User Account comply with this Agreement; and (h) once you have logged-on to the Site using the User Account, you will not leave the computer terminal used to access the Site unless and until you have terminated the session and logged-off the Site.

Indemnification

You agree to indemnify and hold CABICO, its subsidiaries, directors, officers, employees and website contractors and each of their directors, officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to CABICO or that you submit through the Site. Upon our request, you will furnish any documentation, substantiation or releases necessary to verify your compliance with these Terms.

Notices of Intellectual Property Infringement

If you are a trademark or copyright owner and you believe that your intellectual property rights have been violated, please advise CABICO by email at ipnotice@cabico.com.

Sweepstakes and Contests
From time to time CABICO may make sweepstakes and contests available to users of the Site and others. All sweepstakes and contests are governed by this Agreement and the applicable Official Rules of the respective sweepstakes or contest. By participating in a contest through the Site, you signify your agreement and acceptance of this Agreement and the applicable Official Rules.

Limitation of Liability and Warranty

YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, LINKS TO OTHER WEBSITES OR ANY OTHER MATERIAL INCLUDED IN THE SITE OR THE ACCURACY OR CONTINUED AVAILABILITY OF ANY OF THE FOREGOING.
WHILE WE PROHIBIT CERTAIN CONDUCT AND CONTENT DESCRIBED HEREIN, YOU UNDERSTAND THAT WE CANNOT BE RESPONSIBLE FOR THE CONTENT DISEMMINATED VIA THE SITE AND YOU NONETHELESS MAY BE EXPOSED TO CERTAIN CONTENT. THEREFORE, YOU USE THE SITE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, 1) ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE: 2) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF THE SITE; AND 3) ANY WARRANTIES OF TITLE.

WE DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL BE AVAILABLE OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

You acknowledge and agree that CABICO will not have any obligation to review, monitor, display, accept or exploit any User Content and CABICO may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. CABICO DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THE SITE.

Links to Other Websites

The Site may contain links to other websites that are not under our control. Accordingly, we make no representations whatsoever concerning the content of those websites. The fact that we have provided a link to a third-party website is NOT an endorsement, authorization, sponsorship, or affiliation by CABICO with respect to such website, its owners, or its providers. We provide these links only as a convenience to you. We have not tested any information, software, or products found on these websites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, or products found on the Internet; and we caution you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.

Information Provided by You is Not Confidential or Proprietary

Any information uploaded by you to the Site or provided to CABICO, including but not limited to photos, names, links, data, questions, comments, suggestions, or the like, shall be deemed to be non-confidential; we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. We shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.

We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Applicable Law

This Site is hosted in Canada, with servers in the Canada, and is intended only for Canadian and United States visitors. If you are visiting the Site or using the Site from another jurisdiction, you understand that your use is at your own risk, and that data you submit is subject to the terms of our Privacy Policy, and that the laws of this jurisdiction may vary from those in your own, and may provide fewer protections than your jurisdiction allows. All users understand that the laws applicable within the province of Quebec CANADA will govern these Terms, without regard to Conflict of Laws Rules or Principles, and any dispute that might arise between you and CABICO. You agree to the personal and exclusive jurisdiction of the courts located in the judicial district of Quebec CANADA.

Severability

These Terms constitute the entire agreement between you and CABICO with respect to the Site and supersede all prior or contemporaneous communications, whether oral, written or electronic, between you and CABICO. Should any of these Terms be held invalid or unenforceable, the remaining Terms shall remain in full force and effect.

Termination

Notwithstanding any other provision of this Agreement, CABICO may in its discretion, without any notice or liability to you or any other person, change, discontinue, modify, restrict, suspend or terminate the Site, or any part thereof, including, but not limited to: (i) restricting the time the Site is available, (ii) restricting the amount of use permitted, and (iii) restricting any user’s right to use or access the Site. CABICO may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Site without any notice or liability to you or any other person.

Miscellaneous

You acknowledge and agree that no partnership is formed between you and CABICO and neither of you nor CABICO has the power or the authority to obligate or bind the other. The failure of CABICO to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of CABICO, including force majeure, shall not be deemed a breach of these Terms. If CABICO fails to act with respect to your breach or anyone else’s breach on any occasion, CABICO is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

Rendering vs Reality – Hello Cabico/Experience Elmwood

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING.

1. ELIGIBILITY; METHOD TO ENTER; SUBMISSION GUIDELINES.

RENDERING VS REALITY: HELLO CABICO/EXPERIENCE ELMWOOD (the “Sweepstakes”) is offered to all qualified CABICO dealers, who, as of November 28, 2022, can enter the contest by including the hashtag #HelloCabico or #experienceelmwood to their social media posts that feature Cabico or Elmwood products. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Cabico&co or Flying Camel Advertising.

No entry fee, payment, or proof of purchase is required to enter the Sweepstakes. Employees, officers, and directors, including members of their immediate families (parent, child, sibling, or spouse of each of the foregoing) and persons living in the same households as such individuals or its affiliates or advertising and promotion agencies, are not eligible to enter. Void where prohibited. By participating, the entrant agrees to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this Sweepstakes.

Participating in the promotion on social media during the Contest Period constitutes acknowledgment of and consent to these Official Rules. By entering this contest (e.g., photo, video, text, etc.), entrant understands and agrees that Cabico&co, anyone acting on behalf of Cabico&co, and licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed with the hashtag #HelloCabico or #ExperienceElmwood.

2. START AND END DATES.

The Sweepstakes begin 8:00 am Eastern Time (“ET”) on November 28, 2022, and end at 11:00 p.m. ET on January 13, 2022 (the “Sweepstakes” Period”), and Entries must be submitted during the Sweepstakes Period. Those who do not abide by these Official Rules or other instructions of Sponsor will be disqualified.

3. DRAWING.

Two winners will be awarded by the Sponsor from among all eligible attendees during the Sweepstakes Period: The Sponsor shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If a prize is not claimed within 7 days from the time the announcement is made via email and social media direct message, the prize may be forfeited.

4. DESCRIPTION AND VALUE OF THE PRIZE; ODDS OF WINNING.

Sponsor will provide the Sweepstakes winners each (1) A social media post on Cabico or Elmwood’s Facebook and Instagram accounts – timing to be decided by Flying Camel Advertising, and a holiday gift basket to be valued at $250 CAD or less. No substitution, cash alternative, or assignment of a prize is permitted except in Sponsor’s sole discretion. Odds of winning depend on the number of eligible attendees participating over the Sweepstakes period. All taxes, if any, are solely the responsibility of the winner.

5. TERMS AND CONDITIONS.

Where permitted by law, the participant grants (and agrees to confirm said grant in writing upon the request of the Sponsor) to Sponsor, and those acting pursuant to Sponsor’s direction or control, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the Internet, at any time or times, the participant’s name, portrait, picture, voice, likeness and biographical information for advertising, trade and promotional purposes without additional consideration and without notice, review or approval. Further, participants will be required to complete, sign, and return an Affidavit of Eligibility, a Liability Release, a Publicity Release (where lawful), and provide evidence of identity and age with a valid state or federally issued identification (i.e. driver’s license or passport), all within fourteen (14) days of prize notification. If said documents are not returned timely, or if prize or prize notification is returned as non-deliverable, or if a winner is found not to have complied with these Official Rules, declines the prize for any reason, or is ineligible for any reason, the prize will be forfeited and may be awarded, in Sponsor’s sole discretion, to an alternate participant selected at random.

By participating, participants release and agree to hold harmless Sponsor, its parents, subsidiaries, affiliates, advertising and promotion agencies and all of their respective directors, officers, employees, representatives and agents from any and all liability for any injury, loss or damage of any kind to persons (including, without limitation, death) or property, arising directly or indirectly, in whole or in part, from or in connection with the acceptance, possession, use or misuse of any prize, participation in this Sweepstakes, or any Sweepstakes-related activity.

6. GOVERNING LAW.

By entering, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Sweepstakes Official Rules, or the rights and obligations of participants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the Government of Canada without regard to its conflicts of law provisions.

7. WINNER LIST.

For the names of the Campaign winners, send a self-addressed stamped envelope with your request to: Rachel Niyonkuru, Flying Camel Advertising 1445 Ontario Street, Burlington Ontario, Canada L7S 1G5, Winner list requests must be received by Sponsor by April 30, 2022.

SPONSOR.
Cabico | Coaticook
677 Akhurst Street
Coaticook, QC J1A 0B4 Canada
Phone: 877 922-2426
Fax: 819-849-1011

Photo Release

By tagging my social media posts #HelloCabico or #ExperienceElmwood, I hereby grant Cabico&co its parents, subsidiaries, affiliates, officers, directors, employees, contractors, representatives, licensees, agents, and assigns (collectively “Cabico&co”) permission to use the digital copies (collectively, the ‘”Materials”), in whole or in part, individually or in conjunction with other material, including without limitation, text, photographs, or images, in any and all media whether now known or hereafter devised, including on the Internet, and for any and all purposes, including but not limited to marketing, advertising, publicity, promotion, educational purposes, and editorial content, throughout the world in perpetuity without restriction as to the manner, frequency, or duration of usage. I also grant Cabico&co the right and license to use my company name in association with the Materials and the use thereof.

I understand and agree that nothing herein shall obligate Cabico&co to use the Materials. I further agree that the Materials continue to be my property (manufacturer) solely and completely and that these images are not to be used for any other purposes than the Cabico or Elmwood social media content campaign and that I will not receive any kind of payment, royalty, remuneration, compensation or consideration of any kind. If, however, any of the Materials are deemed not to be a work made for hire by a court of competent jurisdiction, then this agreement will constitute an irrevocable assignment of the copyright in the Materials to Cabico&co.

I hereby waive any right I may have to inspect and approve Cabico&co’s usage of the Materials, and release, discharge, and indemnify Cabico&co from any and all claims, damages, losses and demands arising out of or in connection with any use of the Materials, including but not limited to any claims for misrepresentation, defamation, invasion of privacy, right of publicity, or intellectual property infringement.

Regarding statements or representations attributable to me about any event, product or service, I hereby warrant and represent that such statements or representations accurately reflect my true and honest experience and/or belief about such event, product or service.

Any dispute, controversy, or claim arising out of or relating to the enforcement, interpretation, or alleged breach of this agreement, shall be governed by Canadian law.

I have full power and authority to grant the rights and licenses herein. This grant does not and will not infringe the copyright, trademark or any other proprietary or privacy right of any other party. I represent that I am over the legal age to enter into binding agreements under applicable law and that I have no conflicting contractual obligations that would interfere with my granting the rights herein granted.

Language

You agree that these Terms be drafted in the English language. Vous convenez que ces Termes soient rédigés dans la langue anglaise.