TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE AS WELL AS ALL OTHER POLICIES DESCRIBED IN THE WEBSITE.

This Agreement between you, the (“Website User”) and MC Commercial Inc. (the “Company”) applies to all users of the GE Appliance Canada After-Sales Service Website (the “Website”). As a condition of gaining access to, and utilizing the benefits of, the Website, you acknowledge and agree to the following, including as further detailed below:

•Use of the Website is strictly limited to authorized Website Users.

•Participation in the Website is a privilege not a right and may be terminated by the Company with or without notice at any time for any reason.

In addition, Website User agrees acknowledges and agrees that breach of this Agreement or other applicable terms and conditions may result in the immediate suspension or termination of Website privileges without further notice, at the Company’s sole discretion.

The Company reserves the right to correct without notice any error appearing in any offer or other content of this Website. The Company may change these Terms of Use. Your continued use of the Website after any of these Terms of Use have been changed constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use the Website or download materials from it.

The Company, its Affiliates, Services Providers and Business Partners reserves the right to terminate, make changes to, remove, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, any applicable policies, and this Agreement at any time.

You agree to allow the Company to collect, store, and process your personal information, which may include your name, address, province, city, postal code, phone number, email address and credit card information, as further described in our Privacy Policy.

1. PROPRIETARY RIGHTS
   Copyrights. The Company, its Affiliates, Service Providers and Business Partners reserve copyrights in all Website content, including but not limited to design, text, software, technical drawings, configurations, graphics, and other files and their selection and arrangement (the “Content”). The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that you may download and print Content for uses that are not competitive with or derogatory to the Company, its Affiliates or Service Providers, provided that you keep all copyright or other proprietary notices intact and that you do not transfer any Content to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any other Internet, Intranet or Extranet site or to incorporate Content in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from the Website, including but not limited to customer identities.
   
   Trademarks. Trademarks of the Company, its Affiliates, Service Providers and Business Partners may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. All page headers, customer graphics, button icons, and scripts are services marks, trademarks and/or trade dress of the Company, its Affiliates, Service Providers or Business Partners, and may not be copied, imitated, or used in whole or in part, without the prior written permission of the Company. Other trademarks, registered trademarks, product names or logos, and company names or logos displayed on the Website are the property of their respective owners.
   
   Patents. Some of the Company’s products and processes and those of its Affiliates, Service Providers and Business Partners used on the Website may be covered by one or more patents and are subject to other trade secret and proprietary rights. The Company, its Affiliates, Service Providers and Business Partners reserve all such rights. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of the products or processes of the Company, its Affiliates, Service Providers or Business Partners.
   
   Software. Any software, including any files, images generated by the software, code and data accompanying the software (collectively, “Software”), used or accessible through the Website may be used by you solely for accessing and using the Website for purposes expressly stated on the Website, provided that such uses are not competitive with or derogatory to the Company, its Affiliates, Service Providers and Business Partners. The Company, its Affiliates, Service Providers and Business Partners retain full and complete title to all intellectual property rights they may own in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
   
   All intellectual property rights, including copyrights, patents, trade-marks, and trade secrets, in the Website and any associated products or services are owned by the Company, or by its suppliers and licensors. The provision of the Website does not transfer to you or to any third party any rights, title or interest in or to such intellectual property rights. The Company and its suppliers and licensors reserve all rights not granted in this Agreement.
2. YOUR CONDUCT WHILE ON WEBSITE
   In using the Website, you agree not to:
   
   
   1. disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites;
   2. disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked websites;
   3. upload, post or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files;
   4. disclose or share any username or password for the Website, or otherwise provide access to the Website, or any content and services provided by the Website, to any other person without the express permission of the Company; use or attempt to use another’s account, service or system without authorization from the Company, or create or use a false identity on the Website;
   5. transmit through or on the Website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
   6. attempt to obtain unauthorized access to the Website or portions of the Websites which are restricted from general access;
   7. create any hyperlink to the Website or any content thereof without the express permission of the Company; and
   8. use any automated process (including, without limitation, any data mining, robots, or similar data gathering and extraction tools) to copy or monitor content or activity on the Website.
   
   In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, provincial, federal and international laws and regulations and you will not use the Website for any illegal or illicit purpose.
3. ONLINE COMMUNITIES AND OTHER INTERACTIVE AREAS
   The Website may contain areas where you may post and share comments with other Website users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Website unlawful, harassing, libelous, tortious, abusive, offensive, threatening or obscene communications or material of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred or that promotes illegal activities or physical harm against anyone. The Company and its Service Providers reserve the right, but do not have the obligation, to remove any materials they deem objectionable without any notice to you. You agree to hold harmless the Company, its Affiliates, Service Providers and Business Partners from all third party claims based upon communications made, materials posted, or any other use you make of the Website. You also agree to hold harmless the Company, its Affiliates, Service Providers and Business Partners from all claims you make based upon communication made, materials posted, or use of the Website by any third party or parties.
4. ONLINE COMMUNICATIONS
   Except as otherwise provided in our Privacy Policy you agree that any communications you transmit to anyone through the Website or copyrighted works you post on the Website, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, purchase orders, quotes, requests for quotes, performance data, account information, or other material, data or information (collectively, “Information”), are non-confidential and upon transmission of such information to the Company, its Affiliates, Service Providers and Business Partners by any means you grant to the Company, its Affiliates, Service Providers and Business Partners an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license (including but not limited to a copyright license) to use, reproduce, display, publicly perform, transmit and distribute such Information in any media for any purpose.
5. PRIVACY STATEMENT
   The Company’s Privacy Statement, incorporated by this reference, describes the Company’s privacy practices applicable to this Website.
6. PRODUCT AND SERVICE INFORMATION
   All content available through the Website, including but not limited to data, prices, quotes, status reports, technical drawings, configurations, order information, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any product or service available through the Website. Specifications for products and services are subject to change without notice, and the Company, its Affiliates, Service Providers and Business Partners reserve the right to make changes to processing, materials or configuration without notice. They do not guarantee that products listed in online catalogs will be available at the time of your order.
7. LINKS AND THIRD-PARTY CONTENT
   The Website may from time to time contain links to other websites or other Internet information sources (“Third-Party Sources”). These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by the Company of, or responsibility for, third parties or the linked Third-Party Sources or any content, services or products available on or through such Third-Party Sources. Third-Party Content. The Website may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither the Company, nor its Affiliates, Service Providers or Business Partners shall have any liability whatsoever to you for any such third-party material, data or information.
8. DISCLAIMERS
   THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. THE COMPANY MAY MAKE ANY OTHER CHANGES TO THE WEBSITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE WEBSITE AT ANY TIME WITHOUT NOTICE.
   
   THE WEBSITE, THE INFORMATION AND MATERIALS ON THE WEBSITE, AND THE SOFTWARE MADE AVAILABLE ON THE WEBSITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND THE COMPANY (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THE COMPANY (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
   
   YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE WEBSITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
   
   YOU ACKNOWLEDGE THAT NEITHER THE COMPANY, THE SERVICE PROVIDERS NOR AFFILIATES CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY BUSINESS PARTNERS OR THIRD PARTIES THROUGH THE WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, THE COMPANY, THE SERVICE PROVIDERS AND AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT, OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY BUSINESS PARTNERS OR THIRD PARTIES THROUGH THE WEBSITE. THE COMPANY, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS DO NOT MAKE ANY WARRANTY THAT THE WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES THE COMPANY, ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE WEBSITE.
   
   THE COMPANY, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS, ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF THE COMPANY, ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS OR THEIR LICENSORS, OR A WEBSITE USER’S OWN ERRORS AND/OR OMISSIONS.
   
   THE COMPANY, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE WEBSITE WILL BE MAINTAINED.
   
   SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATIONS OF LIABILITY
   UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL THE COMPANY OR ITS PARENT, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, BUSINESS PARTNERS, VENDORS, OR SUPPLIERS (OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS) BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN THE COMPANY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE WEBSITE OR ANY CONTENT CONTAINED ON THE WEBSITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   
   SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
10. PRODUCT AVAILABILITY AND PRICING
    Orders are subject to product availability. We try to fulfill all orders, but sometimes an item described on the Website is not available. If that happens, we may need to cancel your order or contact you for follow-up. We reserve the right to discontinue the sale of any product or service at any time without notice. We may decline or place quantity limits on your order at any time.
    
    If a product is out of stock, no products on the order will be shipped. To avoid this, please ensure you call our customer service line 1-800-361-1100, 5 business days before your scheduled home delivery/pick up date to ensure all stock has been allocated to your order.
    
    If an item(s) is/are out of stock and/or discontinued, the company will make reasonable efforts to provide you with an alternative product, by mutual agreement. If no such agreement is reached, the Company will refund your payment by the same means by which it was provided. All sales are otherwise final.
    
    Prices are subject to change without notice.
    
    In the event of a pricing or other error, we reserve the right to revoke offers, cancel orders and correct errors or omissions, including after an order has been placed. Our acknowledgement of an order means that your order request has been received, not that the price or availability of an item has been confirmed.
    
    Purchases via the Website are not eligible for any consumer rebates (example, mail in rebate)
11. PURCHASES
    If you wish to purchase products or services described on the Website, you will be asked to supply certain information which may include credit card and shipping information. You agree to pay all charges you incur (whether using your credit card or another payment mechanism) at the price(s) in effect when such charges are incurred.
    
    We are required by law to collect all applicable sales taxes. You authorize us to charge the applicable sales taxes to your credit card at the time of completion of order shipment.
    
    Charges for shipping and any applicable taxes are in addition to the posted price of the product.
    
    For your security, the billing name and address on your credit card must match that of the information you submit. If the information provided does not match, your order may be delayed or cancelled. We may preauthorize your order amount with your credit or debit card issuer at the time you place the order, which may affect your available credit line.
    
    All billing and registration information provided by you must be accurate, complete and correct. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products and / or services that you have ordered. Receiving an order acknowledgement via email does not guarantee the acceptance of an order.
    
    Your credit card or PayPal account will be charged in full when the order is placed on the website.
    
    PURCHASE FOR RESALE IS STRICTLY FORBIDDEN! Re-sale of products or services purchased from the Website is strictly prohibited.
12. LIMITATIONS ON PURCHASES
    We are not responsible for failure to fulfill orders due to causes beyond our control. We reserve the right at any time after receiving your order to: (1) limit order quantities to reasonable amounts (in our sole discretion); (2) prohibit purchases by retailers, distributors, or resellers; (3) discontinue or refuse to offer any product or service; (4) impose conditions on any discount, coupon or promotion; and/or (5) bar any Website User from completing a transaction. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.
13. SHIPPING AND DELIVERY
    Shipments will be made only to select addresses in Canada.
    
    Shipping charges are displayed when you preview an order.
    
    Delivery services are offered only if and as available. The Company cannot assure the availability of such services in all regions of Canada.
14. RETURNS
    You will be provided an RMA number which must be included so that we can process your return.
    
    Items may be returned within 30 days from the date they were shipped from our warehouse. Items accepted for return may be subject to a 20% restocking fee.
    
    Items must have all original packaging and instructions.
    
    Electrical repair parts are non-returnable.
    
    Parts which have been installed or are not in resaleable condition are non-returnable.
    
    No collect shipments will be accepted.
    
    Returns should be accompanied by a copy of the original invoice.
15. GENERAL
    Should any provision in these Terms of Use be found invalid or unenforceable for any reason, that provision shall be deemed severable from the other provisions and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to these Terms of Use or your use of the Website must be filed within one year after it arose or be permanently barred.
    
    These Terms constitute the entire agreement between you and the Company with respect to the Website, the information contained therein, and any information obtained through the Website. There may be separate terms and conditions applicable to the purchase of products from the Website.
    
    The interpretation of this Agreement and any disputes or claims arising out of or in connection with this Agreement, or the Website User’s use of the Website including any purchase of products or services, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of law provisions.
16. INTERNATIONAL USAGE
    The UN Convention on the International Sale of Goods is expressly excluded from, and will not apply to, this Agreement or any sale via the Website.
    
    IF YOU ARE ACCESSING THIS WEBSITE FROM OUTSIDE OF CANADA, AND ARE RESTRICTED UNDER THE LAW OF YOUR JURISDICTION FROM DOING SO, DO NOT ACCESS OR USE THIS WEBSITE. THE COMPANY MAKES NO REPRESENTATION THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF CANADA.
17. YOUR ACCOUNT
    If you create an account, you are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password. The Company sells to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may not create an account. Products or services are made available only to authorized Website Users, at the sole discretion of the Company.