Please read the following Use and Confidentiality Agreement
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TIM-BR MART Terms of Use.

Please read the following carefully.

Welcome to the TIM-BR MART Website (the “Site”) which is owned and operated by TIM-BR-MARTS Ltd. (“We”, “Us”, “Our”, “Us”) for Our authorized members (“Members”) and any of their employees given passwords to access the Site (collectively, “You”). Any person who wishes to use this Site must accept these terms and conditions of use (“Terms of Use”) without change. Please read them carefully. BY CONTINUING TO USE THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND ALL RELATED POLICIES AND AGREEMENTS, IF ANY, AS INDICATED IN THESE TERMS OF USE ARE INCORPORATED BY REFERENCE. We reserve the right to change any of these Terms of Use or any other policies or guidelines governing the Site, at any time and in Our sole discretion. Any changes will be effective upon the posting of the revisions on the Site. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF USE, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE.

1. Your Use of the Site

(a) The Site contains text, graphics, logos, icons, and other materials ("Site Content") furnished by Us. The Site Content is protected under copyright and trade-mark laws and the laws of Canada and other nations. All Site Content, including the collection, arrangement, and assembly of such content, is Our exclusive property [and the property of Our licensors]. You may not sell, reproduce, distribute, modify, display, prepare derivative works based on, re-post or otherwise use any of the Site Content in any way for any public or commercial purpose without Our prior written consent.

(b) Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark displayed on this Site.


2. Use of the Confidential Information

(a) You understand and agree that certain information must be kept confidential in order for Us to continue to compete successfully in Our business. You understand that by accessing this Site, We will disclose or make available certain Confidential Information to You and that the disclosure or misuse of this Confidential Information could severely injure Us. You have already agreed to be bound by the Members Agreement and Business Conduct Confidentiality Agreement that You have signed with us, the terms of which are also incorporated by reference here. You understand and agree that all Site Content contained on this Site is deemed to be “Confidential Information” within the meaning of the Business Conduct Confidentiality Agreement and these Terms of Use and is privileged and confidential and intended only for Your own use. Accordingly, You will, at all times, keep all of the Confidential Information in the strictest confidence. You will not disclose to others or use any of the Confidential Information gained through Your use of the Site for personal gain.

(b) For greater clarity, Confidential information on this Site includes but is not limited to: (i) all non-public information; (ii) all financial information about Us or any of Our Members; (iii) all information on supplier pricing, rebates, discounts, incentives, advertising or marketing programs offered to Us or Our Members; (iv) all information on Our advertising and marketing programs; (v) all information on Our services and strategies; (vi) Our Member, supplier, product assortment, store recruitment lists and all other materials; and (vii) any copies or reproductions of the above.


3. Other Restrictions

(a) In accordance with Our current Member’s Agreement, We remind You that You are not allowed to enter into any indirect or direct membership in any provincial or national organization of building material merchants similar to or competitive with Us without Our prior written consent.

(b) If You or Your company has entered into an agreement with a provincial or national organization of building material merchants in violation of Section 3(a) above and You enter this Site, You will be in breach of these Terms of Use and Your Member’s Agreement. In addition to immediately terminating Your use of this Site, We will be entitled to pursue all other legal remedies including damages which could exceed $25,000.


4. General

(a) These Terms of Use and any action related thereto or related to the Site will be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws applicable therein without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms of Use or Your use of the Site will be filed only in a court located in Toronto, Ontario, Canada, and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action.

(b) If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect.

BY LOGGING INTO THE SITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE ABOVE TERMS OF USE AND AGREE TO BE BOUND BY SUCH TERMS OF USE.