Effective Date: October 26, 2021
Acceptance of the Terms and Conditions
These Terms and Conditions of Website and Ecommerce are entered into by and between you (“You” or “Your”) and Consolidated Bottle Corporation (“Consolidated Bottle”, ”Company”, “we”, or “us”). The following terms and conditions, together with Consolidated Bottle’s , which is expressly incorporated herein by reference (collectively, the “Terms and Conditions”), govern Your access to and use of www.consolidatedbottle.com, including any content, functionality, and services offered on or through www.consolidatedbottle.com (the “Website”).
By using this Website, You represent and warrant that You are of legal age in your place of residence or domicile and have the capacity to form a binding contract with Consolidated Bottle. If You are agreeing to these Terms and Conditions on behalf of a company or other legal entity, You represent that You have the authority to bind such entity to these terms and conditions, in which case the terms “You” or “Your” shall refer to such entity. If You do not meet all of these requirements, You must not access or use the Website.
Changes to the Terms and Conditions and the Website
We may revise and update any of the clauses of these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms and Conditions means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on you.
We may update the content on this Website from time to time, but we make no representation or warranty that its content is complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any functionality, features, service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
You are responsible for:
- Making all arrangements necessary for You to have access to the Website.
- Ensuring that all persons who access the Website through Your internet connection are aware of these Terms and Conditions and comply with them.
Company has the right (but not the obligation) to immediately suspend or terminate Your ability to access and use the Website if, in Company’s sole discretion, (i) Your use may cause harm to the Website or disrupt the ability of other users to use and access the Website, (ii) fraudulent, unauthorized or illegal use of the Website is or may be occurring, (iii) such suspension or termination is necessary or advisable to protect the Website, Company’s confidential information, Your data or the data of any other Company client, (iv) Company may be required by law to suspend or terminate access, or (v) Your use of the Website is in violation of any other agreement between You and Company. You may be unable to access the Website from time to time in the event Company or its contractors are performing maintenance to or updating the Website, and such inability to access the Website may be due to scheduled or unplanned maintenance or updates.
Protected Content & Images
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Canadian, United States, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, re-post, download, store, or transmit any of the images, content or other material on our Website except that You may print or download one copy of a reasonable number of pages of the Website for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
- Modify copies of any materials from this Website.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
If You are in breach of these Terms and Conditions, Your right to use the Website will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
The Company name, Trademarks set forth on our Trademark webpage, the Consolidated Bottle logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners, and You must not use such marks without the prior written consent of the applicable owner.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
Consolidated Bottle may deliver notice to You by means of email to the email address You have provided to us, a general notice on the Website, or by other reliable methods, to the street address You have provided to us. It is Your responsibility to ensure that email spam filters are set to allow these notifications to be received successfully from Consolidated Bottle.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICES, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ADEQUACY, USEFULNESS, TIMELINESS, ACCURACY, SHELF LIFE OR AVAILABILITY OF THE WEBSITE OR ANY INFORMATION OBTAINED FROM THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE AND ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Items depicted or described herein are not necessarily suitable for every kind of use and, therefore, UNLESS OTHERWISE STATED IN WRITING, CONSOLIDATED BOTTLE MAKES NO WARRANTY THAT THE CONTAINERS, CLOSURES, AND OTHER ITEMS DEPICTED OR DESCRIBED HEREIN ARE FIT FOR ANY PARTICULAR PURPOSE OR SHELF LIFE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Notwithstanding anything to the contrary herein, this Warranty Disclaimer section will survive any expiration or termination of these Terms and Conditions.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA (COLLECTIVELY, “INDIRECT DAMAGES”), AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Notwithstanding anything to the contrary herein, this Limitation of Liability section will survive any expiration or termination of these Terms and Conditions.
You agree to indemnify, defend, and hold harmless, Consolidated Bottle, its officers, directors, members, employees, parent, subsidiaries, divisions, affiliates, successors and assigns, from and against all claims, liabilities, judgments, awards, losses, expenses, damages and costs, including reasonable attorney’s fees, arising in whole or in part out of (i) any violation of these Terms and Conditions or any activity related to Your account (including negligent or wrongful conduct) by You or any other person accessing the Website using Your Internet account; or (ii) Your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions or Your use of any information obtained from the Website. You hereby waive and release Consolidated Bottle from all rights of contribution or indemnity to which it may otherwise be entitled. Notwithstanding anything to the contrary herein, this Indemnification section will survive any expiration or termination of these Terms and Conditions.
Links to Third Party Sites
This Website may display links to third party sites. These links are provided for Your convenience only. We have no control over the contents of those sites or resources, and we are not responsible for the content of such links‚ or for any products‚ services or other materials relating to any linked site‚ or any link contained in a linked site. The display of any link does not imply endorsement by us of the linked site or any content therein. In no event will we be liable‚ directly or indirectly‚ to anyone for any damage or loss arising from or relating to any use‚ continued use or reliance any linked third-party site‚ or any link contained in a linked site. If You decide to access any of the third-party sites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such sites.
The owner of the Website is based in the province of Ontario in Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of Canada. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside Canada, You do so on Your own initiative and are responsible for compliance with local laws.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
These Terms and Conditions shall be construed in accordance with the laws of the Province of Ontario except that for residents of Quebec who are consumers, these Terms and Conditions shall be construed in accordance with the laws of the Province of Quebec , without regard to principles governing conflicts of laws.
This website is operated by:
Consolidated Bottle Corporation
77 Union St,
Toronto, ON M6N 3N2