This website or application (the “Site”) is owned and operated by First Electrical Supply, Inc. and its affiliates (“our”, “we”, or “us”). All content, information, applications, and services provided on and through the Site may be used only under the following terms and conditions, as they are amended from time to time (the “Terms”). You should carefully read these Terms. Your access to and use of this Site, its content, information, applications, or services, is governed by these Terms, which are a legally binding contract between you and us. In addition, when using a particular service, and/or accessing certain materials on or through this Site, you will be subject to any posted terms, conditions, and rules applicable to the service and/or materials, which are incorporated into these Terms and govern any conflict or inconsistency with these Terms.

BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE POLICY AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT DOWNLOAD OR USE THE SITE OR PROVIDE US WITH YOUR INFORMATION.

Permitted Use. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable right to temporarily access, view, use, download, and display the materials on the Site for your personal, non-commercial use only. This is the grant of a license only, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. In these Terms, all references to the “Site” shall be deemed to include all materials, tools, software, services, and functionality related thereto unless otherwise expressly indicated. All rights not expressly granted by us to you are retained by us and our licensors, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

This license shall automatically terminate if you violate any of these restrictions. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Eligibility. The Site is available only to individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract. You may not use the Site in violation of United States export laws and regulations. We may, in our sole discretion, refuse to offer the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Site Access and Registration. As a condition to using certain aspects of the Site, you may be required to register with us and to select a username and password. You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You are solely responsible for the security of online access to this Site, including access to any user account, and you must take precautions to protect the confidentiality of your username and password. You should not share your username or password with any other person or entity. You are solely responsible for verifying the accuracy of all transactions placed in your account and for ensuring that you receive a confirmation for all transactions placed for your account. You should contact us immediately if you suspect unauthorized use of your username or password, or any other unauthorized activity on your account. You are and will be responsible for all activities conducted on and with the Site via your account. We may justifiably assume that any orders or instructions received through any electronic systems and placed under your account were placed or authorized by you.

Product Pricing and Orders. Unless otherwise specified, all prices listed on our Site are in U.S. Dollars. The prices and availability of products are subject to change without notice. If we discover an error in either pricing or availability, we will seek to correct it. We reserve the right to revoke any offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted). Pricing for our products and accessories are listed without applicable sales tax, which will be calculated at the time of purchase and added based on your location.

Intellectual Property Rights. The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site . Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission. All company names, trademarks, logos, and the like contained on this Site (the “Marks”), are our trademarks or those of our licensors, unless otherwise noted. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.

Privacy. We take your privacy seriously. Our use of any personal information we collect via the Site is subject to the terms of our Privacy Policy, which can be found here. You acknowledge that you have read and understand our Privacy Policy, and consent to the use of any personal information you provide in accordance with the terms of, and for the purposes set forth in, the Privacy Policy.

Feedback. If you provide uswith any comments, suggestions or other feedback with respect to our products, the Site or any component thereof (collectively, “Feedback”), we, without any restrictions, have the right but not the obligation, to use such Feedback in any way, including incorporating such Feedback into our products or the Site, without obligation to you. We will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on our behalf resulting from your Feedback, including, without limitation, any modifications or enhancements to our products or the Site.

DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING ALL SERVICES, INFORMATION AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY US “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE US, OUR AFFILIATES, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, AND OUR THIRD PARTY INFORMATION AND SERVICE PROVIDERS (COLLECTIVELY, THE “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS OR YOUR USE OF THE SITE.

YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE
SUCH SERVICES. WE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. ALL REFERENCES TO THIRD PARTIES OR THEIR SERVICES OR PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

LIMITATION OF LIABILITY. REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY , IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF IT IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM. THE RELEASED PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF THE DOWNTOWN MARKET’S CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.

Indemnity. You agree to indemnify and hold harmless the Released Parties from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms or any other applicable policy. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.

Third Party Service Providers. We may use third party service providers to help develop and maintain the Site and to provide specific services offered through the Site. You agree that the terms and conditions set forth in these Terms, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by us. All references to us are deemed to include our agents and service providers. All of our agents and service providers will be authorized to use your personal information as stated in, and in accordance with, our Privacy Policy.

Third Party Information. Please be aware that when you are on the Site, you could be directed to other sites that are beyond our control. We are not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. We reserve the right to terminate any link or linking program at any time. We provide such links only as a convenience to you, and we have not endorsed, tested or verified any information, programs, companies, or products on sites to which the Site links. If you decide to access any third party sites linked to this Site and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

Access and Interference. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the web pages or other content on the Site, or use the content for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the software and hardware infrastructure relating to the Site.

Termination and Modification. We may terminate your access to this Site at any time and for any reason without prior notification. Additionally, we may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms or under any other applicable policy without prior notice. You agree that we will not be liable to you or any third party for any termination of your access to this Site. Provisions that survive termination of these Terms are those relating to intellectual property, ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

Amendments. We reserve the right to change these Terms and and/or any of our other terms, conditions, and rules relating to the Site, at any time in its sole discretion. We will notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

Applicable Law, Severability and Waiver. In order to ensure consistency in the interpretation and enforcement of these Terms or our rights in the Site, these Terms will be governed exclusively by the law of the State of Michigan and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and us related, in any way, to the Site and/or these Terms, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the state or federal courts in the State of Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms shall remain in full force and effect. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of these Terms.

Assignment. You may not assign your rights and obligations under these Terms without our prior written consent.

Additional Terms for Apple Users. In addition to all other terms contained herein, if you download our application from Apple, Inc. (“Apple”), you agree to the following:
1. Acknowledgement. You acknowledge that these Terms are concluded between you and First Electrical Supply, Inc. only, and not with Apple. We, and not Apple, are solely responsible for the Site and the content thereof.
2. Usage Limitations. Your use of the Site is subject to the Usage Rules set forth in the Apple App Store Terms and Conditions.
3. Maintenance and Support. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with regard to the Site.
4. Failures. In the event of any failure of the Site to conform to any applicable warranty, you may notify Apple, and, if applicable, Apple will refund the purchase price for the Site to you. To the maximum extent permitted by applicable law, Apple has and will have no other warranty obligation whatsoever with respect to the Site, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
5. Third Party Claims. We, and not Apple, are responsible for addressing any claims made by you or a third party relating to the Site or your possession and/or use of the Site, including, but not limited to: (i) product liability claims; (ii) any claims that the Site fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and we acknowledge that, in the event of any third party claim that the Site or your possession and use of the Site
infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
6. Third Party Beneficiary. You understand and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.

Developer Name and Address. This Site was developed by First Electrical Supply, Inc., with an address of 5101 S. Sprinkle Road, Portage, MI 49002.

How to Contact Us. If you have any questions, complaints or claims about this Site or our products or wish to report any violation of these Terms, please contact us at info@firstelectricalsupply.ca.