TERMS OF USE FOR RETAINING WALL ESTIMATION TOOL  |  RISI STONE INC.

Last Updated: November 22, 2018

These terms of use (“Terms of Use”) set out the terms and conditions that govern your use of the Retaining Wall Estimation Tool (“RWE Tool”) of Risi Stone Inc. (“Risi Stone”, “we” and “our”).

“You” means you as a user of the RWE Tool, whether on your own behalf or on behalf of another party.

Along with these Terms of Use, our Privacy Policy, available at www.risistone.com/privacy_policy, explains how we collect, use, disclose, process, transfer and protect information You may provide to Risi Stone through your use of the RWE Tool. Please make sure that You read and understand the Terms of Use and Privacy Policy because they create a binding contract between You and Risi Stone.

  1. CONSENT

BY USING THE RWE TOOL, YOU AGREE TO BE LEGALLY BOUND BY BOTH THE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY BOTH THE TERMS OF USE AND THE PRIVACY POLICY, DO NOT USE THE RWE TOOL OR PROVIDE ANY INFORMATION TO RISI STONE.

  1. USE AND DISCLOSURE OF PERSONAL INFORMATION

BY USING THE RWE TOOL, YOU AGREE THAT RISI STONE MAY COLLECT, USE, PROCESS, AND DISCLOSE AND TRANSFER TO THIRD PARTIES YOUR PERSONAL INFORMATION AS DESCRIBED IN THE PRIVACY POLICY.

  1. USE OF THE RWE TOOL

THE RWE TOOL IS NOT AN ANALYSIS TOOL.

The RWE Tool provides approximations of geogrid quantities based on non-site specific and simple assumed conditions. The RWE Tool is for general information only.

The information provided by the RWE Tool shall not be used:

  1. to construct a wall under any circumstance,
  2. for any bidding purposes; or
  • as a basis for making any construction, development, business or commercial decision.

The information provided by the RWE tool does not account for various factors that may apply to a given project or site. Without limiting the generality of the foregoing, structures such as handrails, guardrails, fences and terraces, and site conditions such as water levels, drainage conditions, soil conditions, additional live and dead loads, etc. have significant effects on wall design and are not taken into account by the RWE Tool.  Risi Stone and all parties involved in creating, producing, delivering or making available the RWE Tool assume no responsibility or liability for any decisions taken based on information, products or services made available by or through the RWE Tool.

  1. DISCLAIMER

The RWE Tool, including any information, products or services made available by or through it, is provided on an “as is” basis. Risi Stone makes no representations or warranties, whether express or implied, regarding the RWE Tool or the information, products or services made available by or through it. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RISI STONE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, COMPLETENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.

  1. NO LIABILITY

IN NO EVENT SHALL RISI STONE, ITS AFFILIATES, SUBSIDIARIES, AGENTS, LICENSORS, LICENSEES, CONTRACTORS OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR SHAREHOLDERS BE LIABLE FOR ANY LOSS, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR INABILITY TO USE THE RWE TOOL, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION, PRODUCT OR SERVICE OBTAINED FROM OR THROUGH THE RWE TOOL.

  1. INDEMNITY

BY USING THE RWE TOOL YOU AGREE THAT YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS RISI STONE AND ITS AFFILIATES, SUBSIDIARIES, AGENTS, LICENSORS, LICENSEES AND CONTRACTORS, TOGETHER WITH THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND SHAREHOLDERS, FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, CLAIMS, DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF YOUR USE OF THE RWE TOOL, OR YOUR BREACH OR ALLEGED BREACH OF THE TERMS OF USE.

 

 

  1. GOVERNING LAW

These Terms of Use are governed by the law of the province of Ontario and applicable laws of Canada. By use of the RWE Tool, You agree to the exclusive jurisdiction of the Courts located in the Province of Ontario.

  1. CHANGES TO TERMS OF USE

Risi Stone reserves the right, at any time, to modify these Terms of Use, and You agree to be bound by such modifications. The modifications shall be effective immediately upon notice, which may be given by any means including, but not limited to, by posting modified Terms of Use on Risi Stone’s website.

  1. SEVERABILITY

You agree that if any part of the Terms of Use is determined to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in full force and effect.

 

SIGNATURE

By clicking this check box, You are providing your digital signature and confirming that You have read and understand the Terms of Use and the Privacy Policy and that You agree to be legally bound by them.