Your access to this website, www.306elevate.ca (the “Site”), provided to you by Elevate Spray Foam Inc. (“Elevate Concrete”) is subject to these legally binding terms and conditions. Please, carefully read all of the following terms of use (the “Terms of Use” or “Terms”) before proceeding. Your use of the Site indicates your acceptance of the Terms and that you intend to be legally bound by them. If you do not agree to be bound by these Terms, you should not use this Site. If you consider future amendments made to these Terms of use to be unacceptable, please do not continue to use the Site.

These Terms of use are a validly enforceable agreement between you (“you”, and also “your” or “yours”) and Elevate Spray Foam Inc. (“Elevate Concrete”). Throughout these Terms, the words “ourselves”, “us”, “we”, and “our(s)” will refer to Elevate Concrete, its parent, subsidiaries, assignees, successors, affiliates, and/or brands; and also our Site and services, as appropriate in the context of the use of such words. Your use of the Site is entirely at your own risk, for which we shall not be held liable. It shall be your own responsibility to ensure that any Services or information available through this Site meet your specific purposes.

Any failure on your part to comply with these Terms of use may lead to Elevate Concrete: (i) prohibiting you from using this Site and any related privileges; or (ii) instituting any other remedies Elevate Concrete or its affiliates, at their sole discretion, deem appropriate. To prevent any breach of the Terms hereof and to enforce any remedy available at law, we shall take any technical, legal or managerial measures that we deem, in our sole discretion, necessary and appropriate, without prior notice to you or any other user.

Elevate Concrete Privacy Policy is incorporated herein by reference and forms an integral part of these Terms.

Definitions

“Company” means a business or individual contractor whose information and contact details are posted on the Site.

“Content” means any text, image, audio, video, or other form of data or information that you deliver, upload or transmit to, or in connection with the Site, including but not limited to, ratings, reviews, comments, posts and any profile information that you elect to make public. “User Content” means Content that site users submit or transmit to, or in connection with the Site. “Elevate Concrete Content” means Content that we create and publish in connection with the Site. “Third Party Content” means Content that originates from parties outside Elevate Concrete or its users, which is made available through the Site. “Site Content” means all of the Content that is made available in connection with the Site, including your Content, user Content, Third Party Content, and Elevate Concrete Content.

Use of Site

You are permitted to use the Site subject to the restrictions stated herein. You use the Site at your own risk, including the risk that you might be exposed to Content you may find offensive, indecent, inaccurate, or objectionable. Elevate Concrete undertakes the protection of the rights of minors and underage persons, and thereby encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by their minors. You hereby represent and warrant that you are at least eighteen (18) years of age, or older, as of the date of first access to our Site and, if you are under such age, are using the Site under the direct supervision of your parent, legal guardian or responsible adult.

Compliance – Elevate Concrete is not responsible for your violation of any laws while using our Site. You must comply with any and all local, provincial, or federal laws regarding your use of our Site, including, but not limited to, reviews and indications of any local service or establishment. We hereby reserve the right (but not the obligation) to remove and/or edit any content you or other user posts on the Site, and we have the right (but not the obligation) to monitor and edit or remove any activity; thereby enacting the necessary measures to moderate any comments and to control user behaviour within our Site.

Site Access – You agree that our Site may not always be error free, continuous or undisrupted. We may update, delete, disable, modify functionalities or otherwise discontinue the Site, at our sole and final discretion, and we do not guarantee that it will always be available, work, or be accessible at any particular time. We cannot guarantee that the Site will work as advertised, or that it will give you the desired results. You agree not to distribute or make available any content found on our Site without our prior written authorization, unless such act is done through sharing functionalities offered by our Service. You are expressly forbidden to make money off of our Site unless you have received prior written permission from us. You agree not to access content through any technology or means other than through our Site or otherwise authorized by us.

Communications from Elevate Concrete and other Partners – By completing the forms contained on our website, you agree to receive certain communications from the Site.

Updates – Elevate Concrete hereby reserves the right to update, modify, discontinue or terminate the Site at any time and at our sole and final discretion. Any changes to these Terms will be displayed in the Site, and we may notify you through the Site, by email and/or short message service. Please, refer to the date shown below for the date where effective changes were last undertaken. Your continued use of the Site after the last effective date of amendment to these Terms – either by registration or simple use – indicates your acceptance of any modifications thereto.

Links to Third-Party Sites – This Site contains links to third-party sites. Elevate Concrete is not responsible for third party linked sites. Your use of these sites is at your own risk and Elevate Concrete is not responsible for Third-Party Content or changes to these sites. Elevate Concrete makes no endorsement about any other website which you may access through this Site. The terms of use and privacy policies of those web sites will likely differ from that of this Site. It is your responsibility to review the terms of use and privacy policy of any Third-Party Site. This Site may contain materials, text or information provided, published or offered by third parties, including but not limited to advertisements, reviews, videos or postings in on-line community discussions. You agree that Elevate Concrete shall not have any liability whatsoever to you for any such third party material, data or information.

When you click on a link for another website, you are leaving Elevate Concrete, and we are not responsible.

Privacy – You represent and warrant that you have read and acknowledged the terms of our Privacy Policy. Please take into account that we may need to disclose certain personally identifiable information about you, if we or our affiliates have a good faith belief that such a disclosure is necessary to: (i) take any action regarding factual or alleged illegal or inappropriate activities by your or any user of the Site; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with due legal process, judicial proceeding or other valid government request served on us or our affiliates (e.g. subpoenas, search warrants); and/or (iv) protect our rights, goodwill and assets, or that of our users, affiliates, or the general public. If you use the Site outside of Canada, you therefore consent to have your personally identifiable information transferred to and processed in Canada.

Content

Newsletters – You may consent to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletter, you may receive quotes and deals information according to you user preferences. As our user, you will be able to select the amount and volume of emails received by you, along with the prices, travel destinations and other information. You will be able to unsubscribe from our newsletter at anytime.

User Content does not reflect the opinion of Elevate Concrete – At our discretion, and without any notice to you, Elevate Concrete reserves the right to remove or reinstate User Content. For example, we may remove User Content, correct a Company’s rating and reject subsequent submissions from you, disable your account, or block your IP address. Elevate Concrete does not take responsibility for the accuracy or completeness of User Content. You are responsible to use your judgement when determining the accuracy, completeness, or usefulness of any information, advice, opinions, or any other content found on the Site. We have no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.

Spam – Elevate Concrete and its affiliates take spam seriously, and we encourage you and our users to report any spam activities to us. We will not tolerate, nor allow others to use any information from the Site, for the transmission of unsolicited bulk communication to any of our users or to any third party. You may not access the Site to harvest and/or collect any information about our users, for any purpose, and any commercial communication that you may receive from us and/or our partners, licensors, suppliers and affiliates will clearly indicate measures to stop receiving such communications, including unsubscribe links and appertaining instructions.

Restrictions

You may not use the site to bully other users, upload illegal material, modify site content, send spam or hack into user information.

In connection with your use of the Site, you agree that you shall not:

• Help, motivate, or enable others to infringe these Terms
• Impersonate any person or entity, including without limitation, a Elevate Concrete officer or agent;
• Plagiarize or infringe the intellectual property rights of a third party; including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, personality rights or any other intellectual property or proprietary right;
• Use any automated process to obtain, copy, process, access or use our services or any process, whether automated or manual, to capture data or content from any of our users, Content or Services for any reason;
• Collect, receive, transfer or disseminate any personally identifiable information of any user of the Site without the express authorization of the holder;
• Remove or modify any watermark, copyright, trademark or other proprietary rights notice that appears on any image, banner, frame, content or portion of the Site or to retrieve or index any portion of the Site;

You shall not use the Site in any manner that could interfere with any other user’s use and enjoyment of the Site. Furthermore, you may not attempt to gain unauthorized access to any of the Site, services, accounts, computer systems or networks connected to Elevate Concrete through hacking, password mining or any other means.

Elevate Concrete reserves the right to decide what data, content, or information is published to, or removed from, the Site that is deemed to violate any of the above restrictions.

Intellectual Property

Limited License and Copyright – Subject to these Terms, you grant Elevate Concrete a non-exclusive, non-transferable, limited right to access, use and display this Site and the visible text, graphics or images thereon (the “Materials”) and to view and download the Materials, only in connection with your personal and non-commercial use of the Site. This authorization is not a transfer of title in the Materials is subject to the restrictions in the Terms.

Trade-marks – The trade-marks, logos and company names of Elevate Concrete or any of its affiliates used on this Site may not be copied, imitated or used, in whole or in part, without the prior written consent of Elevate Concrete or any such affiliate. Other products, services, logos and company names mentioned on this Site may be the trade-marks of their respective owners. Except as expressly provided herein, Elevate Concrete and its affiliates do not grant any express or implied right or license to you under any intellectual property right, including under any patent, trade-mark, copyright, trade secret, or confidential information. 

Limitations on Liability and Disclaimers

In no event shall Elevate Concrete or its affiliates, agents, licensors, suppliers or their respective directors, officers or employees be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, whether based on warranty, contract, tort, or any other legal theory, and whether or not you are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. The use of this site is at your own risk and Elevate Concrete assumes no liability or responsibility pertaining to the content, your use of the site or the receipt, storage, transmission or other use of your personal information.

The materials and information accessible through this site may contain inaccuracies and typographical errors. Elevate Concrete and its affiliates make no representations or warranties about the accuracy or completeness of the materials or information accessible on or through this site, or the reliability of any advice, opinion, statement or other information displayed or distributed through this site. Elevate Concrete assumes no responsibility for the accuracy and completeness of any review. You acknowledge that any reliance on any of the foregoing shall be at your sole risk. Elevate Concrete will not be responsible to you or any third party for any damages, expenditures, loss of profits, or prospective profits of any kind or nature sustained or arising out of or alleged to have been sustained or to have arisen out of your use of this site.

Your use of our site is at your own risk, and therefore you hereby acknowledge and agree that we supply our services “as is”, “with all faults”, and “as available”, including all content, software, materials, services, functions, and/or information made available through the site. Elevate Concrete is not responsible for any content or information that you may find undesirable or objectionable. Elevate Concrete hereby disclaims any and all liability arising out of or related to any purported facts or information and description of any products displayed on our site, including all warranties of any kind, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose or non-infringement. Any damages suffered as a result of the use, inability to use, failure of, or any omissions or inaccuracies in, this website, any linked websites or linked social media platforms, or any of the services or content of the foregoing. You understand that Elevate Concrete is a private corporation and has no connection to any governmental body. Neither Elevate Concrete, nor its employees, affiliates, contractors and/or agents warrantee that the site will be error-free, uninterrupted, secure, or produce particular results, that a quote is current, valid and/or un-expired, or that the information obtained therefrom will be reliable or accurate. No advice or information given by Elevate Concrete or its employees, affiliates, contractors and/or agents shall create a guarantee.

If you are dissatisfied with the site and the content thereon, or the terms of use, your sole and exclusive remedy is to discontinue use of the site.

General

These Terms constitute the entire agreement and understanding between you and Elevate Concrete and governs your use of the Site and services provided therein, superseding any prior agreements between you and Elevate Concrete. The failure of Elevate Concrete to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of any remaining provisions. Elevate Concrete may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations under these Terms of use without the prior written consent of Elevate Concrete, and any such attempted assignment will be void and unenforceable. No waiver by Elevate Concrete of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. The section and paragraph headings in these Terms are for convenience only and will not affect their interpretation.

Relationship – You and Elevate Concrete are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Force Majeure – Elevate Concrete will not be liable for any failure to perform our obligations hereunder, where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

Severability – If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

Contact Us

If you have any questions regarding these Conditions of use, you can reach us at the following address:
Elevate Concrete
4246 Albert St Suite 304,

Regina, SK S4S 3R9

Last update to the policy: May 5^th 2021