Terms of Use
Welcome to the Evoke Floors Inc. (“Evoke”) web site (the “Site”). Your use of this Site is governed by the following terms and conditions. Your use of this Site constitutes your agreement and acceptance without modification of the terms and conditions set forth herein. If you do not agree and accept without modification the terms and conditions set forth herein, do not use this Site.
COPYRIGHT
All copyrighted and copyrightable materials on this Site including text, graphics, logos, images, audio and video clips, and other files, and the selection and arrangement thereof (the “Materials”) are the property of Evoke and are protected by Canadian, United States and international copyright laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Evoke.
TRADEMARKS
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Evoke and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Evoke aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Evoke, the Evoke logo or the other Evoke formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Evoke. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Evoke, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Evoke.
USE OF SITE
Evoke grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, on the terms and conditions set forth in this agreement and not for any other purposes. You represent and warrant to Evoke that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms and conditions.
By using the Site, you agree to accept those cookies which are required to be used to operate certain software on this Site. These cookies will record your visits to the Site and if you do not want these recordings, you should disable cookie storage in your web browser. If you disable cookies, you acknowledge and agree that you may not be able to have full access to the Site.
LINKS TO THIRD PARTY SITES
This Site may contain links to web sites owned or operated by parties other than Evoke. Such links are provided for your convenience only. Evoke does not control outside web sites and is not responsible for their content nor their conformity to applicable laws. Evoke’s inclusion of links to a third party web site does not imply any endorsement of the material on the web site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Evoke’s inclusion of the links imply that Evoke is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked web site.
PRODUCTS
Photographic reproductions, such as the images on this Site, and samples of product, such as those viewed in-store or ordered through the Site, can give an example of the product's appearance but they may not be representative of the full range of color and texture and grain variations which can occur in the product itself.
This Site displays products available for purchase in Canada, however not all products are available at all times and products may be changed, substituted or discontinued at any time. Evoke attempts to provide an accurate description of the products available for sale, but does not warrant the accuracy, completeness, reliability or currency of such descriptions. Certain products may be the subject of third-party warranties offered by its manufacturers or providers. Additional terms and conditions applicable to your online purchases are provided to you on the Site as you order products, prior to completing your purchase.
In the event of an advertising or pricing error, we will make every reasonable effort to accommodate our customers, while reserving the right to make price corrections. If a price correction must be made, we will give you the opportunity to accept the corrected price, or to cancel the purchase.
Subject to applicable law, we reserve the right to change the products and services advertised or offered for sale through the Site, the prices or specifications of such products and services, and any promotional offers at any time and from time to time without any notice or liability to you or any other person.
NO WARRANTIES AND EXCLUSION OF LIABILITY
EVOKE MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS OR PRODUCTS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS AND PRODUCTS ARE PROVIDED BY EVOKE "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. EVOKE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE MATERIALS AND PRODUCTS ON THIS SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EVOKE SHALL NOT BE LIABILE OR RESPONSIBILE FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS ON THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EVOKE, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR PRODUCTS ON THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, DELICT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
GENERAL
You agree that this agreement and your use of this Site are governed by the laws of the Province of British Columbia and the 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 Vancouver, British Columbia, Canada in all disputes:
(a) arising out of, relating to, or concerning this Site and/or this agreement,
(b) in which this Site and/or this agreement is an issue or a material fact, or
(c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
Evoke has endeavoured to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials or products on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, 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 agreement shall govern such use.
With the prior agreement of Evoke, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Commercial Arbitration Act, RSBC 1996 c.55, as amended, and any such arbitration proceedings shall be brought and held in Vancouver, British Columbia. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
You agree that Evoke may at any time and without notice change the terms, conditions and notices under which this Site is offered.
This agreement, the privacy statement, and terms of sale presented to you in connection with your transaction constitute the entire agreement between you and Evoke with respect to this Site. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach.
A printed version of this agreement and/or of any notice given by Evoke in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Evoke in printed form.
EVOKE PRIVACY STATEMENT
Evoke is committed to ensuring your personal information is protected. We will not sell, distribute or lease your personal information to third parties without your prior consent. We have prepared this Privacy Statement so you are aware of how we collect, use, disclose and otherwise manage the personal information you entrust to us through this Site. When you provide personal information on this Site, you are consenting to the manner in which Evoke will collect, use, disclose and otherwise manage the personal information collected by or provided to this Site, as set out below.
Here is a summary of the types of personal information that may be collected by this Site and how it is used.
Site traffic:Evoke records the number of visits to our Site, including visits to specific pages on the Site, for tracking and research purposes. This data is collected completely anonymously and does not capture or store any personal information about individual visitors.
Cookies: Evoke employs technology called “cookies” to improve visitors’ access and ease of use to the website. A cookie is a small piece of data stored on your computer that identifies it to our website. For example, once you have visited the Site and selected Canada as your region of preference, the cookie identifies this preference and will automatically route you to the Canadian site on future visits.
Accounts: If you wish to use Evoke’s ‘Favourites’ feature, you will be required to create an account with a user name and password, which will enable the website to remember your selections between browsing sessions. This information is not used for any other purpose and is not shared with any other party.
Online Ordering: When you use order Evoke products from this Site, you will be required to submit personal data including name, shipping address and credit card information. All credit card data and personal information submitted to Evoke is protected under SSL data encryption for maximum security and confidentiality. Any and all personal information gathered by Evoke will be used only for the purposes of fulfilling the specific customer request and will not be shared with any third party, other than those agencies involved in the fulfillment of the order.
Notwithstanding the forgoing, Evoke may disclose your personal information where required to do so by law, whether in compliance of a court order or other legal process, and to protect the rights or property of Evoke and its affiliates.
No data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your personal information from unauthorized access, use or disclosure, Evoke cannot ensure or warrant the security of any information you transmit to us on this Site.
We want to assure you that Evoke is dedicated to protecting your privacy. Our complete Privacy Policy may be viewed by clicking the Privacy Policy link on this Site. You may contact us or otherwise communicate your privacy concerns:
By mail:
Evoke
c/o Metropolitan Floors Inc.
811 Cliveden Avenue, Delta,
British Columbia,
Canada, V3M 5R6
By email:
info@evokefloors.com