Legal Notice and Privacy Statement

Legal Notice and Privacy Statement

Notice regarding Legal Authority to Bind Bird-Stairs

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Only the authorized corporate officers of J.W. Bird and Co. Ltd.  and one or more of any of its affiliated or related companies  (hereinafter individually “Bird-Stairs”) shall have the legal authority to bind Bird-Stairs to any obligation and/or agreement whatsoever, save as may otherwise be expressly set out in Bird-Stairs’ Terms and Conditions of Sale on Bird-Stairs’ web site (www.birdstairs.ca). No legal contract or agreement, or modification or amendment to any legal contract or agreement, to which Bird-Stairs is a party will be valid or binding upon Bird-Stairs unless agreed to in a formal written document signed by an authorized corporate officer of Bird-Stairs. Authorized corporate officers of Bird-Stairs are only the C.E.O., President, Executive Vice-President, a Vice-President, C.F.O., Director, the Treasurer, and the Corporate Secretary. An employee of Bird-Stairs who is not an authorized officer of Bird-Stairs has no actual, apparent, or implied authority to legally bind Bird-Stairs in any manner whatsoever.

1. Terms of Use
(A) Governing Terms. This website (collectively “www.birdstairs.ca” or “Site”) is an interactive on-line service operated by Bird-Stairs and one or more of its affiliated or related companies (hereinafter “Bird-Stairs”).   These Terms of Use, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site or in these Legal Notices or in our Privacy Policy (collectively “Terms of Service”), set forth the terms and conditions that apply to your use of www.birdstairs.ca.  By using www.birdstairs.ca, you agree to comply with all of the terms and conditions herein.  If you do not agree to these Terms of Service, you should not access or use www.birdstairs.ca.

(B) Changes to Terms of Service.  Bird-Stairs may modify the Terms of Service, or any part hereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of www.birdstairs.ca after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

(C) Changes to the Site. Bird-Stairs may change or discontinue any aspect, service, feature of the Site or product or service of Bird-Stairs described herein at any time and without notice, including, but not limited to, content, hours of availability, and equipment needed for access or use.

(D) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware, and any other equipment needed for access to and use of this Site, and for all charges related to the same.

(E) Image Limitations. Bird-Stairs strives to accurately reproduce the screen images of the products shown. However, due to manufacturing variances, the limitations of your monitor resolution and the variation in natural exterior lighting, actual colors may vary from the images you see. To ensure complete satisfaction, you should make final color selections in person from actual representative samples.

2. Copyright Ownership
(A)
  General.  www.birdstairs.ca contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, documents, software, photos, video, graphics, music, and sound.  The entire content of this Site is copyrighted as a collective work under Canadian and International copyright laws.  Bird-Stairs owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.  You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content on the Site, in whole or in part.  You may download copyrighted material for your personal use only.  Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of material obtained from the Site will be permitted without the express, written permission of Bird-Stairs.  In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made.  You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading, or otherwise using copyrighted material from this Site.

(B) Approved Copyright Legend.  Here is the appropriate copyright legend that should be used for any such materials obtained or referenced from this Site:  Copyright © 2012  J.W. Bird and Co. Ltd., Bird-Stairs and their affiliated and related entities.  All rights reserved.

3.  Trademarks
Bird-Stairs owns all right, title, and interest in its registered and unregistered trademarks, service marks, logos, and taglines used in connection with any of Bird-Stairs’ products or services referenced on the Site or otherwise provided by Bird-Stairs in the industry, including, but not limited to, the marks Bird-Stairs, the Bird-Stairs logo(s) and stylized marks.  Any other marks, logos, or company names appearing on the Site are the property of their respective owners.

4.  Disclaimer of Warranty & Limitation of Liability
(A) 
Information contained on this Site is intended for general information purposes only, is not intended to make any representations or legal statement, and is provided on an “as is” basis.   While effort has been made to provide correct and clearly expressed information, errors may occur.  Furthermore, any information contained on this Site is subject to change at any time and without notice.

(B)  Bird-Stairs and any of its officers, directors, shareholders, employees, and agents hereby disclaim any responsibility or liability for any errors, omissions, or statements contained on this Site and assume no liability whatsoever for any action taken in reliance on the information contained on this Site, or for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use of this Site or of any information or content contained therein.

(C)  UNLESS GOODS SOLD BY BIRD-STAIRS OR ANY OF ITS AFFILIATES ARE SUBJECT TO AN EXPRESS LIMITED WARRANTY OR OTHER WARRANTY PROVIDED BY THEIR RESPECTIVE MANUFACTURER, THE GOODS ARE SOLD “AS IS, WITH ALL FAULTS,” WITHOUT RECOURSE, AND BIRD-STAIRS DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRIVATE LABEL GOODS, GOODS DESCRIBED AS “SECONDS,” “ECONOMY,” “DAMAGED,” “OFF-GRADE,” AND OTHER SIMILAR DESIGNATIONS ARE DEEMED TO BE SOLD “AS IS, WITH ALL FAULTS.”

5.  Links to Third Party Content or Websites
In the event that there are any links or pointers to third party (not owned or operated by Bird-Stairs) websites within this Site, such links are provided merely for convenience to you and do not constitute an endorsement of the products or services offered by the owner or operator of such third party websites.  Bird-Stairs and any of its officers, directors, shareholders, employees, and agents hereby disclaim any responsibility or liability for such third party websites and assume no responsibility or liability for any content, information, or statements made on such linked websites or by the owner or operator of such websites.

6.  Entire Agreement
These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede any and all previous written or oral agreements between the parties with respect to such subject matter.  The provisions of these Terms of Service are for the benefit of Bird-Stairs and any of its affiliated companies or entities.  These Terms of Service shall be construed in accordance with the laws of the Province of New Brunswick, without regard to its conflict of laws rules.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  The section headings used herein are for convenience only and shall not be given any legal import.

These Terms of Service were last updated on January 04, 2013.

Privacy Statement

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General Overview
This website (collectively “www.birdstairs.ca” or “Site”) is an interactive on-line service operated by J.W. Bird and Co. Ltd., Bird-Stairs, and one or more of their affiliated or related companies.(hereinafter “the Bird-Stairs Group of Companies” or “Bird-Stairs” or “We” or “Us”).

The purpose of this Privacy Statement (“Statement”) is to disclose to you what information We may collect, how We may collect it, with whom We may share it, and certain other matters related to such information, including the choices you have regarding our collection of information and our use and disclosure to other parties of information We may have collected from you.

Bird-Stairs takes privacy seriously. The Bird-Stairs Group of Companies are committed to protecting your privacy. We use the information we collect about you to facilitate commercial transactions and to provide you with a more personalized experience with this Site and with the Bird-Stairs Group of Companies. We have created this Privacy Statement in order to demonstrate our firm commitment to protecting the privacy of all of our customers and visitors. The following paragraphs and sections of this Statement disclose the information-gathering and dissemination practices and policies of  Bird-Stairs

Except as otherwise discussed in this Statement, this document only addresses the use and disclosure of information We collect from you on-line or otherwise, including when We reference this Statement.  For some services, We may collect and transfer personal information to a service provider you have selected, or you may visit other merchants or third parties through links on our Site who may collect and use your personal information in ways and manners different than Bird-Stairs. We strongly encourage you to ask questions, to be very cautious, and ensure you are dealing with a reputable site or company before you disclose any personal or financial information to others.

Please read the following to learn more about our data collection policies and practices.
By using this Site you consent to and acknowledge the collection and use of your information by Bird-Stairs as set forth in this Statement.

Personal Information Privacy Principles
We collect, store, process, and use any personal information Site users provide to us or that we otherwise gather on this Site or otherwise in accordance with the following principles:

Accountability:

  • Bird-Stairs will only collect personal information that is required or legitimate in the course of normal business operations.
  • Wherever necessary, Bird-Stairs will advise third parties that receive or process information on Bird-Stairs’ behalf to provide a comparable level of privacy protection in respect of such information.

Identifying Purposes, Obtaining Consent and Limiting Use:

  • When collecting personal information, Bird-Stairs will disclose the purpose for the information collection and will obtain consent, when required, to allow Bird-Stairs to use the information in the course of normal business operations.
  • Please note that if the collection, use or disclosure of personal information is permitted by law or required by court order or other legal proceeding, Bird-Stairs will not seek additional consent or provide any additional notice to you.

Safeguards:

  • Bird-Stairs safeguards personal information by employing security measures that are appropriate and commercially reasonable based on the sensitivity level of the information in question.
  • However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us, but before it gets to us, over the Internet. We ask that you do your part to ensure security of personal information, by maintaining any computer passwords you use to access the Internet or your computer strictly confidential, to use secure Internet connections, and to use virus-protected computer hardware whenever possible.

Openness, Accuracy, Access and Challenging Compliance:

  • From time to time, Bird-Stairs’ may make available specific or additional information about Bird-Stairs’ policies and practices as they relate to the management of personal information.
  • Upon being advised in writing of any inaccuracies with regard to your personal information, Bird-Stairs will use its best efforts to make any necessary or materially relevant changes to such information in our possession.
  • Bird-Stairs’ management is responsible for investigating any complaint related to Bird-Stairs’ compliance with this Statement. If Bird-Stairs finds a complaint to be justified, appropriate measures will be taken, including, if necessary, amending its policies and practices or updating this Statement.

Information We May Collect; Information Use
Bird-Stairs may collect personally identifiable information, including name, title, company, address, e-mail address, phone numbers, and the like when you correspond with Us or submit questions or comments to Us through the Site or otherwise. We do not require you to provide personal information to obtain access to any public portions of our Site.
Any personal information we maintain about you will be used for the purpose indicated on the Site or as stated in this Statement or as specifically disclosed to you. Bird-Stairs collects information to facilitate the services offered on this Site and to provide better and more useful services to the users of the Site, and to respond to queries or requests of users. If you submit personal information to Us through this Site, we may use your information to initiate periodic communications (by phone, fax, email, or mail) with you about services or products that are offered by Bird-Stairs or any of its affiliates or business partners, about upcoming events that may be of interest to you, and similar types of information.
If you do not want us to communicate with you at all, or by specific modes of communication, or about certain types of information, you can “opt out” or customize your level of communications you received from Us as described below in the section entitled "Access, Amendment, and Deletion" below.

The information collected on this Site is currently stored on servers physically located within Canada and/or the United States; however, Bird-Stairs reserves the right to store such information in any other location, as deemed necessary or desirable by Bird-Stairs, in its sole discretion and without further notice.

Access, Amendment, and Deletion
If at any time you would like to correct, change or view personal information you have submitted to Bird-Stairs on-line or otherwise through this Site, or otherwise, if you would like to remove your name completely from our database, or if you would like to customize what information you receive and how you receive it,  please e-mail us at reception.ns@birdstairs.ca , or write to Us at:

Bird-Stairs
102 John Savage Ave
Dartmouth, NS B3B 0C9
Attn: Manager

Cookies and Other Non-Identifiable Information
As with many Websites, the Site uses standard technology called "cookies," which are small data files that are transferred to your computer when you allow your browser to accept cookies. Cookies automatically identify your Web browser to the Site whenever you visit the Site, and make using the Site easier for you by saving your passwords, purchases, and preferences. By tracking how and when you use the Site, cookies help Us determine which areas of our Site are popular and which are not. Many improvements and updates to the Site are based on data obtained from cookies. Accepting cookies allows you, among other things, to personalize your experience on the Site. Cookies may also allow the Site to present to you advertising or information, products, or services which may be of interest to you. If you do not want information collected through the use of cookies, you generally can “opt out” of providing this information to Us by turning the cookies off in your browser on your computer; however, please note that doing so could impact your ability to access or use some areas of the Site or the Site may not provide you with a personalized experience if you have disabled the use of cookies. Note that cookies do not personally identify users - although they do identify a user's computer.

We may collect IP addresses and/or click-stream data for purposes of system administration, to improve the Site and to report aggregate information to our advertisers and sponsors or for other internal uses. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. Our computers identify your computer by its IP address. When you request Web pages from the Site, our computers log your IP address.

Click-stream data is information collected by our computers when you request Web pages from the Site. Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other such non-personal information. When analyzed, this data helps us analyze how visitors arrive at the Site, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising, and the like. Such information helps us to improve and administer our Site.

Personal Information Sharing Practices
When you share personal information on this Site or otherwise with Bird-Stairs, you are sharing that information with Bird-Stairs, including our subsidiaries and related companies. We will not sell, exchange or otherwise distribute your personally identifiable information, without your consent, except to the extent required by law, in accordance with your instructions, or as otherwise set out in this Statement.

Bird-Stairs may share your personal information with third party business partners or service providers so that they may provide services to Bird-Stairs that are consistent with the terms of this Statement. As we continue to develop our business, we might sell or buy assets. In such transactions, user information generally is one of the transferred business assets. Therefore, please be advised that if Bird-Stairs or any of its affiliated companies or subsidiaries were acquired or if all of the material assets of Bird-Stairs or any of its affiliated companies or subsidiaries is sold, your personal information may be one of the transferred assets.

Bird-Stairs may also disclose personal information collected through this Site or otherwise in special circumstances. For example, if it appears that a user is accessing or using the Site or our Servers for illegal or disruptive purposes to Bird-Stairs or to any other party. We may also use personal information that we maintain about a user to resolve disputes and troubleshoot problems. Bird-Stairs may also disclose personal information when Bird-Stairs believes in good faith that such disclosure is required by law or necessary to protect other Site users or the public.

Limitation of Liability
By providing Us with any personal information, you expressly and unconditionally release and hold harmless Bird-Stairs, its parents, shareholders, owners, members, and each of their subsidiaries, affiliates, directors, officers, employees, and agents (collectively, the “Releasees”) from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected personal information from the Site. In addition, while Bird-Stairs takes efforts to ensure that the use of user personal information provided to third party companies, promotional partners or vendors shall be in accordance with this Statement, the Releasees are not liable for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected personal information by such third parties.

External Links
This Site may include links to third party Web sites which we do not own or control.  Therefore, you should be aware that when you are on the Site, you could be directed to other sites beyond our control. For example, if you "click" on a banner advertisement, the "click" may take you off the Site onto a different Website. This includes links from advertisers, sponsors, and partners that may use the Site's logo as part of a co-branding agreement. These other Websites may send their own cookies to you, independently collect data or solicit personal information, and may or may not have their own published privacy policies. If you visit a Website that is linked to our Site, you should consult that Web site's privacy policy before providing any personal information.  If you cannot find the privacy policy of any of these third party Web sites via a link from the Web site's homepage, you should contact the third party Web site operator directly for more information. Bird-Stairs’ Web Site Privacy Statement does not apply to any information you submit to third-party Websites, including, without limitation, any Websites that may be connected to our Site by hypertext link or otherwise.

Policy Updates
This Statement was last updated on January 04, 2013. We reserve the right to modify this Statement from time to time and for any reason. If we modify this Statement, we will post the modified Statement on the Site - so please check back from time to time to ensure that you have reviewed and are familiar with the current terms and conditions set forth in this Statement.