Thank you for visiting www.muskokaplank.com (the “Muskoka Plank website” or “muskokaplank.com"). Muskoka Plank provides website features and other services to you when you visit or shop at Muskoka Plank in connection with muskokaplank.com. muskokaplank.com provides the muskokaplank.com Services subject to the following conditions. Your use of this website is governed by these conditions of use. Please read through them carefully. Your use of the muskokaplank.com Services constitutes your agreement to follow these rules and to be bound by them.

Muskoka Plank reserves the right to update or modify these terms and conditions at any time without prior notice. For this reason, we encourage you to review these terms and conditions each time you use this website.

Privacy

Please review this Privacy Policy, which also governs your use of the muskokaplank.com Services, to understand Muskoka Plank’s practices.

Electronic Communications

When you use muskokaplank.com Services or send an email to Muskoka Plank, you are communicating with Muskoka Plank electronically and therefore consent to receiving communications from Muskoka Plank electronically. Muskoka Plank will communicate with you by email or by posting notices on the Muskoka Plank website, or through other muskokaplank.com Services. You agree that all agreements, notices, disclosures, and other communications that Muskoka Plank provides to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content in or made available through muskokaplank.com Services - such as text, design, graphics, logos, photographs and images, button icons, audio clips and digital downloads - is the property of muskokaplank.com or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through muskokaplank.com Service is the exclusive property of muskokaplank.com and is protected by Canadian and international copyright laws.

Trademarks

Graphics, logos, page headers, button icons, scripts, and product or service names included in or made available through muskokaplank.com are trademarks or trade dress of Muskoka Plank. Muskoka Plank’s trademarks and trade dress may not be used in connection with any product or service that is not Muskoka Plank’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Muskoka Plank. All other trademarks not owned by Muskoka Plank that appear in the muskokaplank.com Services are the property of their respective owners, who may or may not be connected to, or sponsored by Muskoka Plank.

License & Access

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, muskokaplank.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of muskokaplank.com Services. This license does not include any resale or commercial use of muskokaplank.com Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of muskokaplank.com Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by Muskoka Plank or its licensors, suppliers, publishers, rightsholders, or other content providers. Either muskokaplank.com Services, or any part of muskokaplank.com Services, may NOT be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Muskoka Plank. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of muskokaplank.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing Muskoka Plank’s name or trademarks without the express written consent of Muskoka Plank. You may not misuse muskokaplank.com Services. You may use muskokaplank.com Services only as permitted by law. The licenses granted by Muskoka Plank will terminate if you do not comply with these Conditions of Use.

Your Account

If you use muskokaplank.com Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of majority in your state or province of residence, you may use the muskokaplank.com Services only with the involvement of a parent or guardian. Muskoka Plank reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

Communications & Other Content

Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

If you do submit material, and unless Muskoka Plank indicates otherwise, you grant Muskoka Plank nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant Muskoka Plank the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Muskoka Plank for all claims resulting from content you supply.

Risk of Loss

Risk of loss and title for items purchased from Muskoka Plank pass to you upon delivery to the carrier.

Returns, Refunds, Exchanges & Title

Muskoka Plank does not take title to returned items until the item arrives at Muskoka Plank’s Distribution Centre. At Muskoka Plank’s discretion, a refund may be issued without requiring a return. In this situation, muskokaplank.com does not take title to the refunded item. For more information about returns and refunds, please see Muskoka Plank’s Return & Exchanges Policy.

Product Availability

Muskoka Plank reserves the right without prior notice to discontinue or change specifications on products and services offered on this website without incurring any obligations.

Product Descriptions

muskokaplank.com attempts to be as accurate as possible. However, Muskoka Plank does not warrant that product descriptions or other content of muskokaplank.com is always without error, accurate, complete, reliable or current. If a product offered by Muskoka Plank is not as described, your sole remedy is to return it in an unused condition, but we ask you to contact our customer service department first.

Product Colours

muskokaplank.com does its best to display product colours shown on this website as accurately as possible. However, because the colours you see depend on your monitor, Muskoka Plank cannot guarantee that your monitor’s display of any colour is accurate. Muskoka Plank will not be held responsible for any discrepancies between the colour displayed for any given product on muskokaplank.com and the actual perceived colour for this product itself.

Product Pricing

Muskoka Plank reserves the right to modify retail prices at any time and without prior notice. All prices indicated exclude taxes, delivery (where applicable) and assembly. With respect to items sold by muskokaplank.com, Muskoka Plank cannot confirm the price of an item until you order. Despite Muskoka Plank’s best efforts, a small number of the items in print by Muskoka Plank may be mispriced. If an item’s correct price is higher or lower than the muskokaplank.com stated price, Muskoka Plank will, at its discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Disclaimer of Warranties & Limitations of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUÉBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. MUSKOKA PLANK'S WEBSITES AND ALL INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH muskokaplank.com ARE PROVIDED BY Muskoka Plank ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Muskoka Plank MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE muskokaplank.com WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH muskokaplank.com, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE muskokaplank.com WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Muskoka Plank DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. Muskoka Plank DOES NOT WARRANT THAT THE muskokaplank.com WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Muskoka Plank WEBSITE; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM muskokaplank.com SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. muskokaplank.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF muskokaplank.com SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH muskokaplank.com SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Applicable Law & Disputes

(Not applicable to Québec consumers) Any dispute or claim relating in any way to your use of muskokaplank.com Services, or to any products or services sold or distributed by Muskoka Plank or through muskokaplank.com Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

Muskoka Plank and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Muskoka Plank and you each waive any right to a jury trial. Muskoka Plank and you also both agree that you or Muskoka Plank may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Site Policies, Modification, and Severability

Muskoka Plank reserves the right to make changes to the Muskoka Plank website, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

MUSKOKA PLANK ADDRESS

Muskoka Plank

586 Third Line
Oakville, ON
L6L 4A7
Canada