1. Your Use of the Site
1.1 Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are the age of majority in your jurisdiction of residence. If you are under the applicable age of majority, you may only use the Site under the supervision of your legal parent or guardian who has agreed to the Terms. If you are the legal parent or guardian, you agree to monitor and supervise the minor's use of the Site and agree to be responsible for such minor's use of the Site, including any financial charges or legal liability incurred.
1.2 If we determine that a person under the age of majority has provided personal information to the Site, we will delete that information as soon as practical. If you become aware that such information has been provided, please contact us at firstname.lastname@example.org so that we can delete that information.
1.3 You agree that you will not do any of the following (collectively, the "Code of Conduct"):
1.3.1 Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
1.3.2 Use the Site or content on or from the Site for any unlawful purpose;
1.3.3 Express or imply that any statement you make is endorsed by Lowe's or its subsidiary, parent, or affiliate companies;
1.3.4 Submit data or information or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret, or otherwise subject to third party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing, or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule, or regulation, or is otherwise objectionable, or infringes Lowe's or any third party's intellectual property rights or other rights; (iii) is intended to victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion, or sexual orientation; or (iv) is non-public information about a company or individual without the express written authorization to do so;
1.3.5 Engage in spamming, flooding, phishing, or other activity intended to gather information unlawfully;
1.3.6 Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses, and defects;
1.3.7 Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
1.3.8 Remove any copyright, trademark, or other notices of proprietary rights contained on the Site;
1.3.9 "Frame" or "mirror" any part of the Site without Lowe's prior written authorization;
1.3.10 Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure, or presentation of the Site or its contents;
1.3.11 Harvest or collect information about Site visitors;
1.3.12 Take any action that imposes an unreasonable or disproportionately large load on Lowe's infrastructure.
2. Information Posted on the Site
2.1 The information and materials on the Site (the "Materials") are provided for your review in accordance with the Terms. However, the Materials do not necessarily reflect the opinions of Lowe's or any of its affiliates, subsidiaries, or agents.
2.2 At Lowe's, we carry the Brand Names You Know and Trust™. Unless indicated otherwise, most products and services featured on the Site are available directly from or through Lowe's, its subsidiaries, or its affiliates. Lowe's has made a conscious effort to display and describe its products and services accurately. Lowe's is also improving its products and services and may update the Materials at any time and without notice.
2.3 Lowe's cannot and does not guarantee the accuracy or completeness of the Materials, including, without limitation, prices, product images, specifications, dimensions, availability, and services. The Materials may contain technical inaccuracies and typographical errors and Lowe's reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request. Lowe's is not responsible and shall not be liable to you or anyone else for reliance upon the pricing or product information contained on the Site. Products and services are the responsibility of the manufacturer and service provider, respectively, and subject to the warranties offered by such manufacturer or service provider. Without limiting the generality of any other terms and conditions regarding the supply of products and services, Lowe's does not accept liability for any errors or omissions which may be found on the Site or for unavailability of any product.
2.4 The prices of products featured on this website may differ from the prices shown in stores for the same products. The prices of identical products may also vary by store.
3. Your Orders
3.1 All billing and registration information provided by you must be accurate, complete, and correct. Submitting inaccurate, incomplete, or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products, and/or services that you have requested.
3.2 Lowe's and its affiliates and subsidiaries reserve the right, at their sole discretion, to refuse service and to terminate accounts if Lowe's believes in its sole discretion that customer conducts violates applicable law, the Terms, or the Privacy and Security Statement, or is harmful to the interests of Lowe's, its subsidiaries, or its affiliates, or for any other reason.
3.3 Lowe's and its affiliates and subsidiaries reserve the right to limit the quantity of items purchased per person, per account, per household, and per order, as determined in their sole discretion. These restrictions may be applied to the same account, same credit card, and/or the same billing and/or shipping address.
3.4 An order acknowledgement via email is automatically generated and the receipt of such an acknowledgement does not guarantee the acceptance of an order.
3.5 All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon Lowe's delivery of the items or products to the carrier.
4. Copyrights, Trademarks, and Patents
4.1 All software and content on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips, and software, is owned or licensed by Lowe's or its software and content suppliers and licensors. Such software and content is protected by Canadian, United States, and international copyright laws.
4.2 The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Lowe's and protected by applicable copyright laws.
4.3 Lowe's grants you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display, or performance, of the content or software on the Site is strictly prohibited. Lowe's and its affiliates, subsidiaries, suppliers, and licensors expressly reserve all intellectual property rights in all text, products, technology, content, and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to Lowe's or any third party's intellectual property rights.
4.4 The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
4.5 The names, trade names, logos, service marks, trademarks, and trade dress (collectively, "Trademarks") on the Site are registered and unregistered trademarks of Lowe's, its affiliates and other parties. Use of the Site in no way grants any license or right to use any Trademark displayed on the Site. Lowe's, its affiliates and licensors, require prior written approval for the use of the "Lowe's and New Gable Mansard Design®" (Lowe's Logo), or any other Trademarks, as part of a link to or from any website. Lowe's, its affiliates and licensors also require prior written approval to use the Lowe's Logo, Lowe's name, and any other Lowe's related marks in any form of advertising or any other public use.
4.6 One or more patents may apply to the Site, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; 7,908,173; and 7,908,176.
5. Links to Other Sites
5.1 The Site may contain links to other websites so that you can learn more about the products available on the Site and have access to other information. These links are provided to you only as a convenience and their presence on the Site does not imply endorsement by Lowe's or its affiliates or subsidiaries of such website or of any association such websites' operators.
5.2 You agree that Lowe's and its affiliates and subsidiaries are in no way responsible or liable for the availability or content of the websites to which the Site is linked. Lowe's and its affiliates and subsidiaries make no representations whatsoever about any other website you may access through the Site.
5.3 Any concerns regarding products or services offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not the Site.
5.5 Lowes.ca hosts access to some external websites managed by our vendors. Weekly and site-wide promotions do not apply to content or products on these sites.
6. User Submitted Content
6.1 As part of your use of the Site, you may be able to provide comments, feedback, reviews, text, and ideas; send messages to Lowe's and other users of the Site; post media, such as photos and videos; and submit other forms of content (collectively, "Content") to the Site. You agree that Content may be viewed by the general public and you do not and shall not consider such Content to be private, proprietary, or confidential. You grant Lowe's and its affiliates, licensees, and sublicensees, without any compensation of any kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, publicly display, and otherwise use in any way such Content in any format or media ("Content License"). You may not revoke such Content for any reason at any time. You agree that any Content you submit may appear on sites other than the site through which you submitted your Content (e.g., Content submitted to Lowes.com may appear on Lowes.ca and/or the website of an entity affiliated with Lowe's). You waive, release, and agree not to assert any and all moral rights that you may have in any Content submitted by you to the Site. You agree that Lowe's may use submitted Content in any manner that Lowe's deems appropriate or necessary in its sole discretion. Lowe's and its affiliates reserve the right to edit, modify, abridge, or otherwise change any Content you or others submit in their sole discretion.
6.2 You agree that you will not use a false or misleading email address, impersonate another person or entity, or otherwise mislead with respect to the origin of any Content you submit, including, without limitation, comments and feedback you submit to the Site. You agree that Lowe's is not responsible for any Content that you submit to the Site.
6.3 By submitting any Content to the Site, you warrant and represent that you have the right to use such Content and have the right to permit Lowe's and its affiliates, licensees, and sublicensees to use such Content in accordance with the terms of the Content License. You agree not to submit any Content that is owned by someone other than you. You agree not to submit any Content that contains the name, image, likeness, or voice of anyone other than yourself without first obtaining permission to submit such Content and to grant the Content License to Lowe's.
6.4 If you identify yourself by name in any Content you submit or submit Content that contains an image or audio or video recording of yourself, you authorize Lowe's and its affiliates, licensees, and sublicensees, without compensation of any kind to you or anyone else, to reproduce, print, publish, translate, modify, edit, and disseminate, in any format or media now or hereafter created, your name and such images and recordings in any way Lowe's deems appropriate, in its sole discretion, throughout the world. Such authorization is and shall be perpetual and cannot be revoked by you for any reason.
6.5 Lowe's does not guarantee that the Content you or others submit will be posted to the Site or become publicly available, and Lowe's does not guarantee that Content posted to the Site by any other users will not be offensive, defamatory, or otherwise objectionable. Lowe's reserves the right to remove any Content from the Site without notice and in Lowe's sole discretion; however, you acknowledge and agree that Lowe's is under no obligation to you to police, monitor, or remove Content and Lowe's makes no guarantee with respect to the completeness, accuracy, integrity, or quality of Content submitted to the Site.
7. Disclaimer of Warranties and Limitation of Liability
7.1 You assume all responsibility and risk for the use of the site and the internet in general. The site, the materials, any content, and all products and services offered through the site are provided "as is" and "as available" and without warranties or representations of any kind, either express or implied. To the fullest extent permissible by applicable law, Lowe's, all of Lowe's subsidiary, parent, or related companies, call centers, and all of their respective officers, director, employees, attorneys, agents, and representatives disclaim all warranties, representations and conditions in connection with the site and any content, express or implied, including without limitation implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance, or usage of trade. Applicable law may not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
7.2 Lowe's and its licensors, suppliers, advertisers, sponsors, agents, and representatives do not warrant that your use of the site will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site or the server(s) on which the site is hosted are free of viruses, bugs, or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed to access and use the site, and all charges related thereto. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice, or statement by Lowe's, or Lowe's licensors, suppliers, advertisers, sponsors, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty.
7.3 You expressly acknowledge and agree that Lowe's shall have no liability or responsibility whatsoever for: (1) any unauthorized access to or use of servers on which the site is hosted and/or on which any of your personal information and/or financial information stored therein; (2) any interruption or cessation of transmission to or from the site; (3) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs, or other items of a harmful nature which may be transmitted to or through the site by a third party; and/or (4) any errors, mistakes, inaccuracies, or omissions in any materials, or for any loss or damages of any kind incurred as a result of the use of any materials posted, emailed, transmitted, or otherwise made available via the site. Lowe's does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked site.
7.4 You agree that Lowe's and its affiliates, parents, and subsidiaries will not be responsible or liable for damages of any kind arising out of your use of the site, including, without limitations, direct, indirect, special, incidental, punitive, and consequential damages, and damages resulting from the loss of use, data, profits, or business interruption arising from or in any way connected with the use of the site. This also includes delays in being able to use the site, the inability to use the site, or any portion thereof, or any hyperlinked website, whether based on tort, negligence, strict liability, or otherwise, even if Lowe's and/or its subsidiaries and affiliates were aware or had been advised of the possibility of such damages. This disclaimer constitutes an essential part of these terms.
7.5 You should use your best judgment and exercise caution where appropriate, as with the purchase of any product or service through any medium or in any environment. Your use of the site and any materials provided through the site are entirely at your own risk.
8.1 You agree to indemnify, defend, and hold harmless Lowe's and its subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees, and sublicensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms, including, without limitation, the Code of Conduct; (2) any allegation that any Content or other material you have submitted or transmitted to the Site infringe, misappropriate or otherwise violate the copyright, trademark, trade secret, or other intellectual property rights of any party; and/or (3) your activities or omissions in connection with the Site.
9. Dispute Resolution
9.1 Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. Lowe's makes no representation or warranty that Materials and Content on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site in any jurisdiction where all or any portion of the Site might violate any legal requirements is prohibited and you agree not to access the Site in any such jurisdiction. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
9.2 You agree that these Terms and your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in Toronto, Ontario, in all disputes (i) arising out of, relating to, or concerning these Terms, the Site, and your use thereof; (ii) in which the Site and/or these Terms are an issue or a material fact; or (iii) in which the Site or these Terms are referenced in a paper filed in a court, tribunal, agency, or other dispute resolution organization.
9.3 You agree to waive, to the fullest extent allowed by applicable law, any claims for punitive or exemplary damages and any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to the Site or these Terms.
9.4 Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.
9.4.1 Arbitration is final, binding, and subject to limited review by a court. You agree that this arbitration section shall survive termination of these Terms. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against Lowe's or against any of Lowe's subsidiary, parent, or affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation, or any other legal theory, will be resolved by binding arbitration.
9.4.2 The arbitration of any dispute or claim shall be conducted with the Rules of the American Arbitration Association and any such arbitration shall be brought and held in Toronto, Ontario, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what these Terms provide; (ii) order consolidation or arbitration on a class wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.
9.4.3 Any arbitration shall be confidential, and neither you nor Lowe's may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
9.4.4 If any portion of this Section 9.4 is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
9.4.5 All administrative fees and expenses of arbitration will be divided equally between you and Lowe's. Each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing.
10.1 You agree that Lowe's may assign all or part of these Terms without such assignment being considered a change to these Terms and without providing notice to you. You agree that Lowe's will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.
10.2 You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to Lowe's through the Site may be subject to legal process (e.g., a subpoena) by Lowe's or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that Lowe's will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that Lowe's may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered, or otherwise disclosed.
10.3 Lowe's performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of Lowe's right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by Lowe's with respect to such use.
10.4 You agree that Lowe's may change the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.
10.5 You agree that no joint venture, partnership, employment, or agency relationship exists between you and service providers or suppliers or you and Lowe's as a result of these Terms or your use of the Site.
10.6 Any rights not expressly granted to you herein are reserved by and to Lowe's, its affiliates, subsidiaries, and licensors, and other third parties.
10.7 These Terms, the Privacy and Security Statement, and the applicable terms of sale constitute the entire agreement between you and Lowe's with respect to the subject matter thereof. The Terms supersede all prior or contemporaneous communications and proposals, whether written, oral, or electronic, between you and Lowe's with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by Lowe's or it is physically signed in blue ink by an executive officer of Lowe's.
10.8 Any actual or alleged waiver by Lowe's of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.
10.9 A printed version of these Terms and/or any notice given by Lowe's in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to these Terms or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Lowe's in printed form.
10.10 If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue to govern your use of the Site.