Terms of Use

LAST UPDATE: May 2025

This website is owned and operated by Frontline Fencing LTD and its affiliated entities (“Frontline Fencing,” “we,” “our,” or “us”). Your access to and use of this website, including all associated services and web pages (collectively referred to as the “Services”), are subject to these Terms of Use. By accessing, browsing, or using the Services, you acknowledge and agree to these Terms of Use. If you do not agree to comply with and accept these terms, you are not permitted to access or use this website.

These Terms of Use, along with the Privacy Policy and any other referenced documents, govern the relationship between you, as the user of our services (“you” or “your”), and Frontline Fencing. By using our services, you agree to these Terms of Use, which function as a binding agreement, equivalent to a written and signed contract. You acknowledge and accept the obligation to fully comply with these terms. Furthermore, you represent and warrant that you possess the necessary rights, authority, and capacity to enter into this agreement and fulfill all responsibilities outlined herein, whether acting on your own behalf or on behalf of an entity you represent.

IMPORTANT: Please read these Terms of Use carefully, as they impact your legal rights. Included in these Terms is a binding arbitration clause in Section 22. Except where prohibited by law, you agree to resolve disputes with us through arbitration, rather than through court proceedings, jury trials, or class actions of any kind. By accessing or using our Services, you waive the right to initiate or participate in any class action or representative lawsuit related to disputes or claims arising from these Terms of Use or the Services.

UPDATES TO SERVICES AND TERMS OF USE
We reserve the right to make changes at any time to: (i) these Terms of Use; (ii) the Services, including altering, adding, removing, or discontinuing any content, features, data, or functionality available through the Services, as well as adjusting the hours of availability; (iii) the equipment, hardware, or software required to access and use the Services; and (iv) the pricing of Services or products offered. We are not responsible for any modifications, price adjustments, suspensions, or discontinuations of the Services or any related items, and we shall not be held liable to you or any third party for such changes.

Any updates to these Terms of Use will take effect immediately upon notification, which may be provided through various means, including, but not limited to, a notice posted on the Services. By continuing to use the Services after such notification, you agree to the updated Terms. We encourage you to review the Terms of Use periodically to stay informed about the most current version.

You must not compromise the security of the Services or misuse any connected systems, resources, networks, or features accessible through them. The Services may only be used for lawful purposes, and any use that violates these Terms of Use is strictly prohibited.

AUTHORITY OR LEGAL POWER
If you live in a region where entering into agreements like these Terms of Use is restricted, you are not permitted to agree to these terms and must refrain from accessing or using the Services.

If you live in a jurisdiction where using the Services is prohibited by law, you are not permitted to access or use them, nor may you enter into this agreement. By using the Services, you confirm and guarantee that you have checked the laws in your jurisdiction to ensure your use of the Services is legally allowed.

We do not, and you acknowledge that we do not, guarantee that the Services or the materials provided through them are suitable or available for use in all locations. Individuals who choose to access the Services do so voluntarily, at their own risk, and are solely responsible for complying with any applicable state and local laws.

We reserve the right, at our sole discretion, to restrict the availability of the Services, materials, or any related offerings to specific individuals, geographic regions, or jurisdictions at any time. Additionally, we may limit the quantity of services, materials, or other items provided as we see fit.

GENERAL CONDITIONS AND DISCLAIMERS

We reserve the right to deny service, access, or use of the Services to anyone at any time, at our sole discretion.

Frontline Fencing is not responsible for disruptions or interruptions in internet, network, or hosting services. Additionally, we do not guarantee that the Services, the systems enabling them, or any electronic communications from Frontline Fencing will always be available or free from viruses or other harmful elements.

Downloading any material through the Services is entirely at your own discretion and risk. You bear full responsibility for any damage to your computer system or loss of data that may occur as a result of such downloads.

From time to time, our Services may contain typographical errors, inaccuracies, or omissions related to item descriptions, pricing, promotions, offers, shipping fees, delivery times, or availability. While we are not obligated to do so, we reserve the right to correct any such errors, update or modify information, and cancel orders if inaccuracies are identified in the Services or on any related website, at any time and without prior notice—even after an order has been placed.

We are under no obligation to update, revise, or clarify any information provided in the Services or on related websites, including but not limited to pricing details, unless required by law. The absence of a specific update or refresh date on the Services or related websites should not be interpreted as an indication that all information has been modified or is current.

ESTIMATES; PRICING; PAYMENT TERMS
All prices and estimates are provided in the currency specified in the relevant document. While we make every effort to ensure accurate pricing, occasional errors may occur. We reserve the right to correct any inaccuracies in pricing, promotions, offers, shipping fees, availability, or other details. Additionally, we may adjust prices or rental fees at any time without prior notice, though we are not obligated to do so. If the price or related information for the Services (whether provided in an estimate or otherwise) is found to be incorrect due to a pricing error or inaccurate details, we reserve the right to refuse or cancel the Services at our sole discretion, regardless of whether the issue is identified before or after acceptance. In such cases, we will cancel the Services, reverse any charges applied, and promptly notify you. You will then have the option to place a new order for the Services at the correct price.

We are under no obligation to update, amend, or clarify any information provided through the Services or on related websites, including but not limited to pricing details, except as required by law. Additionally, any specific update or refresh date displayed within the Services or on related websites should not be interpreted as an indication that all content has been revised or updated.

PRIVACY
At Frontline Fencing, we are dedicated to protecting the privacy of the personal information shared with us by the individuals we engage with. Our Privacy Policy outlines our commitment to safeguarding your information and provides a clear explanation of how we collect, use, and share personal data from those who visit, access, or use our Services. For more details, we invite you to review our Privacy Policy.

PERSONAL USE ONLY
The Services are designed exclusively for personal use or internal business purposes. Any use that violates these Terms of Use, involves unlawful activities, or causes harm to us, others, or any organization is strictly prohibited. We reserve the sole discretion to determine what constitutes such misuse.

USER RESPONSIBILITIES
The content provided through the Services may not be copied, reproduced, scraped, downloaded, distributed, modified, republished, uploaded, licensed, adapted, edited, posted, transmitted, or used to create derivative works in any form, unless explicitly authorized by us in writing. By using the Services, you agree to refrain from engaging in any such activities or exploiting the content in any manner.

You represent and warrant that: (i) you will comply with all applicable laws and regulations while adhering to these Terms of Use; (ii) you are not located in a country subject to a Canadian Government embargo, designated as a “terrorist-supporting” nation, or listed on any Canadian Government roster of restricted or prohibited entities; and (iii) all information you provide in connection with your access to or use of the Services is, to the best of your knowledge and belief, accurate, truthful, and complete.

You are prohibited, and must not permit any third party, to:
Frontline Fencing may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Services, and may terminate these Terms of Use, including, without limitation, if you breach these Terms of Use or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.

Use the Services in any way not explicitly allowed by these Terms of Use.
Utilize the Services for unlawful purposes or in any manner prohibited by these Terms, including any commercial use.
Remove, obscure, or alter any copyright, trademark, or proprietary notices found within the Services.
Translate, adapt, update, modify, merge, reconfigure, or create derivative works from the Services. Additionally, you may not reverse-engineer, disassemble, decompile, or attempt to uncover the source code or underlying ideas of the Services, nor integrate them with other software, materials, or services.
Copy, reproduce, display, distribute, sell, publish, license, rent, or otherwise share any part of the Services without authorization.
Use the Services in any way that infringes on the rights of others, including but not limited to intellectual property rights, privacy rights, or publicity rights.
Commit fraud or provide false information in connection with accessing or using the Services.
Circumvent technical limitations of the Services or use tools to enable features or functionalities that are otherwise restricted.
Perform actions that disrupt the functionality of the Services, block access for other users, or place an excessive burden on the infrastructure.
Engage in activities intended to disable, damage, or make the Services less accessible or functional.
Attempt to hack, overburden, impair, or gain unauthorized access to the Services or related servers.
Conduct data mining, web scraping, or similar data extraction activities, including using bots, crawlers, or spiders, to retrieve content for any purpose.
Harvest or collect personal information from other users, such as email addresses, without their explicit consent.
Upload or transmit files containing viruses, worms, Trojan horses, malware, adware, ransomware, or other harmful software.
Impersonate others, falsely represent your identity or affiliations, create fake identities, or mislead others about your true status.
Send unsolicited messages, spam, chain letters, or junk mail, or attempt to collect personal data from third parties without their knowledge or consent.

These restrictions are in place to ensure the proper use and integrity of the Services. Violating any of these terms may result in the suspension or termination of your access.

JOB APPLICANTS
If you submit a resume, job application, or related materials to us, we may use this information to assess your qualifications and address your inquiry or application. However, submitting these documents does not obligate Frontline Fencing to review them or consider you for employment. To explore career opportunities or submit an application, you may be directed to an online career portal operated by a third party. We recommend reviewing the terms and privacy policies of that portal, if applicable, before proceeding.

CODE OF CONDUCT
You agree not to, nor allow any third party to, access restricted areas of Frontline Fencing's computer systems or perform any actions beyond those authorized under these Terms of Use. While using the Services, you must comply with all applicable laws, regulations, and rules, including but not limited to those governing export/import, privacy, obscenity, copyright, trademarks, confidential information, trade secrets, libel, slander, and defamation. Additionally, you must not interfere with or disrupt the Services, our servers, or networks, nor take any action that places an unreasonable or excessive burden on our infrastructure.

If you believe that any content on our Services has been used or copied in a manner that infringes on copyright, please notify our designated agent at the contact information provided below. Under the provisions of the Copyright Act, your notice must meet the following requirements:

Signature: Provide either a physical or electronic signature of the copyright owner or an individual authorized to act on behalf of the owner of the exclusive right allegedly infringed.
Identification of the Work: Clearly identify the copyrighted work claimed to be infringed. If your notice covers multiple copyrighted works on a single online site, include a representative list of those works.
Identification of the Infringing Material: Specify the material that is allegedly infringing or involved in infringing activity, and provide information sufficient for us to locate it.
Contact Information: Include your contact information, such as a mailing address, phone number, and, if available, an email address where you can be reached.
Good Faith Statement: Include a statement affirming that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, their agent, or the law.
Accuracy and Authorization Statement: Provide a statement declaring that the information in your notice is accurate. Under penalty of perjury, confirm that you are the copyright owner or authorized to act on behalf of the owner of the exclusive right allegedly infringed.

To submit a copyright infringement claim, please contact our designated agent at: Info@frontlinefencing.ca.

The information above is intended solely for notifying us of potential copyright infringement. Please note that other inquiries, including questions about items available for purchase on our platform or concerns about inappropriate content, cannot be addressed through this process.

MARKETING COMMUNICATIONS
If you choose to sign up or opt in to receive updates, promotions, or related materials from us, we will use your contact information to share information about our products and services through email, mail, or phone, depending on your preferences. You can unsubscribe from promotional or marketing communications at any time by following the instructions provided in our emails or by reaching out to us directly. Please note, we may use trusted third-party providers to help deliver these communications.

If you agree to receive text messages or phone calls, we may contact you using automated or standard messaging at the phone number you provide. Your consent to receive these messages is entirely optional and not a condition for purchasing goods, accessing services, or conducting business with us. Please note that message and data rates may apply.

Please note that opting out of marketing or promotional communications does not exclude you from receiving essential administrative messages. These may include responses to your requests or updates necessary to deliver our services to you.

AVAILABILITY
We strive to minimize downtime; however, we cannot guarantee that the Services will always be uninterrupted, secure, or free of errors. We reserve the right to pause or suspend the Services, in whole or in part, at any time and for any reason, with or without prior notice.

CURRENCY OF SERVICES
Frontline Fencing is committed to keeping the information on its Services accurate and up-to-date. However, we cannot guarantee the accuracy, completeness, or timeliness of the content provided. We reserve the right to update, modify, or remove any content, services, or resources featured on the Services at any time, without prior notice to past, current, or future users.

LINKED WEBSITES AND LINKING TO THE SERVICES
The Services may include links to third-party websites solely for your convenience. However, the inclusion of these links does not indicate that Frontline Fencing monitors, endorses, or supports the content or practices of these sites. Frontline Fencing assumes no responsibility for the content or actions of any third-party websites.Frontline Fencing is not liable for any damage or loss, whether direct or indirect, arising from or alleged to result from the use of, or reliance on, information, content, goods, or services provided by third-party websites or linked resources. Please note that our Terms of Use and Privacy Policy do not govern your interactions with third-party websites. We encourage you to review the applicable terms and policies of any external sites you visit.

If you manage a website and wish to include a link to our Services, the following conditions must be met: the link should be clearly labeled; it must be placed on a website with relevant and appropriate subject matter; it must not, nor have the potential to, harm or diminish the goodwill associated with Frontline Fencing’s name or trademarks; and it must not create a false impression that any content, program, individual, or entity is connected to, affiliated with, sponsored by, or endorsed by Frontline Fencing. We reserve the right, at our sole discretion, to withdraw permission to link to our Services at any time. This may be done by updating these Terms of Use or providing notice through other means.

COMPUTER VIRUSES AND INTERNET SOFTWARE
Technical issues with the internet, software, or transmission errors may result in incomplete or inaccurate information being displayed through the Services. Additionally, shared content or materials could inadvertently introduce computer viruses or other harmful programs into your system.

Frontline Fencing is not liable for any software issues, viruses, or other harmful programs that may affect your computer or property as a result of accessing, using, or browsing our Services, or downloading any materials or content from them. To safeguard your devices, we strongly recommend installing reliable antivirus or protective software.

OWNERSHIP OF OUR MATERIALS
The Services are provided and managed by Frontline Fencing in partnership with others under contractual agreements.

Unless stated otherwise, all content featured on the Services—including text, site design, logos, graphics, icons, and images, along with their selection, organization, and arrangement—is the exclusive property of Frontline Fencing and its licensors or suppliers. The unauthorized use of trademarks, trade dress, copyrighted materials, or any other intellectual property owned by Frontline Fencing or third parties is strictly prohibited and may result in legal action to the fullest extent permitted by law. Frontline Fencing does not grant any licenses, whether express or implied, to its patents, copyrights, trademarks, trade secrets, or other intellectual property. All such rights remain exclusively reserved by Frontline Fencing. ALL RIGHTS RESERVED.

Frontline Fencing may periodically provide access to certain content, software, or other electronic materials through its Services. These materials, collectively referred to as “Frontline Fencing Materials,” include files, text, URLs, videos, audio, images, and accompanying data. By downloading or using these materials, you acknowledge and agree that they are licensed solely for your personal, non-commercial use and are not sold or transferred to you. Specifically:

The materials are intended for personal, non-commercial use only.
You may not modify, create derivative works, integrate them into other works, or exploit them in any form without prior written consent from Frontline Fencing.
Use of the materials must comply with these Terms of Use and any additional licensing terms provided with them.

Ownership of the Frontline Fencing Materials, including all intellectual property rights, remains exclusively with Frontline Fencing. You are prohibited from selling, sharing, redistributing, or reproducing these materials. Additionally, you agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled materials into a human-readable format.

All trademarks and logos associated with Frontline Fencing are owned by the company or its licensors. You may not copy or use these trademarks or logos without explicit permission.

All rights not explicitly granted within this agreement remain reserved by Frontline Fencing. Unauthorized use of any materials from our Services may infringe on copyright, trademark, or other applicable laws and may result in legal consequences, including civil or criminal penalties.

The Services, including their organization, presentation, and Frontline Fencing Materials, are the exclusive property of Frontline Fencing and its licensors. They are protected under intellectual property laws, such as those governing copyrights, trademarks, trade names, internet domain names, and related rights.

FEEDBACK
We welcome your feedback, ideas, comments, proposals, and suggestions for improving our Services ("Feedback"). By submitting Feedback, you acknowledge and agree that we may use it freely, without any limitations or obligation to provide compensation to you.

You acknowledge that unprotected email communications and other transmissions over the Internet are not secure and may be intercepted, altered, or lost. By submitting such communications to Frontline Fencing, you agree that no confidential, fiduciary, implied, or contractual relationship is established between you and Frontline Fencing, except as outlined in these Terms of Use. Frontline Fencing will not be liable for any payments to third parties arising from its use of information or materials you provide. You affirm and guarantee that all information or materials you submit to Frontline Fencing—whether electronically through the Services or by other means—do not infringe on the rights of any individual or entity. Additionally, you confirm that Frontline Fencing’s use of this information or material complies with all applicable rights.

WARRANTY; DISCLAIMER OF WARRANTIES
FRONTLINE FENCING PROVIDES ITS SERVICES, INCLUDING THIS WEBSITE AND ALL RELATED MATERIALS, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, QUALITY, TITLE, VALIDITY, NON-INFRINGEMENT, OR SUITABILITY FOR A PARTICULAR PURPOSE. FRONTLINE FENCING DOES NOT GUARANTEE THAT ITS SERVICES, WEBSITE, PRODUCTS, OR MATERIALS WILL MEET YOUR EXPECTATIONS OR OPERATE SECURELY, UNINTERRUPTED, OR ERROR-FREE.

PLEASE NOTE THAT SOME PROVINCES, STATES, OR JURISDICTIONS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WHERE SUCH EXCLUSIONS ARE RESTRICTED, IMPLIED WARRANTIES WILL BE LIMITED TO THE MINIMUM EXTENT REQUIRED BY LAW, FOR THE SHORTEST DURATION ALLOWED, AND ONLY TO THE MAXIMUM EXTENT PERMISSIBLE. YOU MAY ALSO HAVE ADDITIONAL RIGHTS THAT VARY DEPENDING ON YOUR PROVINCE, STATE, OR TERRITORY.

NATURAL MATERIAL

SINCE WOOD IS A NATURAL MATERIAL, WE CANNOT PROVIDE A WARRANTY AGAINST ITS NATURAL AGING CAUSED BY FACTORS SUCH AS SUN EXPOSURE, RAIN, TEMPERATURE CHANGES, OR OTHER ACTS OF NATURE. WHEN USING STRAIGHT-EDGE, SMOOTH, ROUNDED, OR TONGUE-AND-GROOVE BOARDS, SHRINKAGE MAY LEAD TO THE DEVELOPMENT OF GAPS. AS A NATURAL MATERIAL, WOOD INHERENTLY DISPLAYS VARIATIONS IN GRAIN, COLOR, AND MINOR IMPERFECTIONS, MEANING THE FINAL PRODUCT MAY DIFFER FROM SAMPLES OR PHOTOGRAPHS.

ADDITIONALLY, LUMBER MAY SHOW MILL GRADING MARKS, SUCH AS GRADE STAMPS,STAIN DRIPS OR STACKING LINES, OR CHALK/CRAYON MARKINGS. BOTH ROUGH AND SMOOTH TIMBER MAY EXHIBIT CHAIN STAINS, MILDEW, OR MOISTURE STAINS. NATURAL OCCURRENCES LIKE SHRINKAGE, WARPING, SWELLING, CRACKING, OR AESTHETIC IMPERFECTIONS ARE NOT CONSIDERED DEFECTS IN WORKMANSHIP AND, AS SUCH, ARE NOT COVERED UNDER WARRANTY.

LIMITATION OF LIABILITY
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USING OUR SERVICES, INCLUDING THIS WEBSITE AND FRONTLINE FENCING MATERIALS, AS WELL AS ANY INFORMATION THEY CONTAIN.

TO THE FULLEST EXTENT PERMITTED BY LAW, FRONTLINE FENCING, ALONG WITH ITS SUPPLIERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS, SHALL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (SUCH AS LOSS OF PROFITS, BUSINESS INTERRUPTIONS, UNAVAILABILITY, LOSS OF BUSINESS DATA, OR ANY OTHER FINANCIAL LOSS). THESE LIMITATIONS APPLY TO ANY CLAIMS, LOSSES, DAMAGES, ACTIONS, SUITS, OR PROCEEDINGS ARISING FROM OR RELATED TO THESE TERMS OF USE, INCLUDING YOUR USE OF, RELIANCE ON, OR ACCESS TO OUR SERVICES, WEBSITE, MATERIALS, OR ANY ASSOCIATED RIGHTS. THIS REMAINS TRUE EVEN IF FRONTLINE FENCING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, OR ANY OTHER LEGAL THEORY. SOME PROVINCES AND JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY, MEANING THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN THESE CASES, OUR LIABILITY WILL BE RESTRICTED TO THE FULLEST EXTENT ALLOWED BY LAW..

INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless upon request from any liabilities, claims, losses, costs, or expenses, including attorneys’ fees, arising directly or indirectly from: (1) any breach of these Terms of Use caused by your actions; (2) your use of the Services; or (3) your violation, infringement, or misappropriation of any party’s rights, including but not limited to intellectual property, proprietary, privacy, or other legal rights.

Frontline Fencing reserves the right, at its own expense, to assume exclusive control and defense of any matter subject to your indemnification obligations. You may not settle any such matter without Frontline Fencing’s prior written consent.

This indemnification clause will remain in effect even after the termination or expiration of these Terms of Use.

CONTACTING FRONTLINE FENCING
For any inquiries about our Services or Terms of Use, please feel free to reach out to us at Info@frontlinefencing.ca.

Arbitration Agreement, Class Action Waiver, and Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY LAW, IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN COURT LITIGATION, WHICH MAY IMPACT YOUR LEGAL RIGHTS. ADDITIONALLY, THIS SECTION INCLUDES A WAIVER OF BOTH CLASS ACTIONS AND JURY TRIALS.

Agreement to Binding Arbitration

THE PARTIES ACKNOWLEDGE THAT, WITHOUT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO LITIGATE DISPUTES IN COURT, HAVE THEIR CASE DECIDED BY A JUDGE OR JURY, AND PARTICIPATE IN CLASS ACTIONS OR OTHER PROCEEDINGS INVOLVING MULTIPLE CLAIMANTS. HOWEVER, THEY HAVE KNOWINGLY CHOSEN TO RESOLVE ALL DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD. THE PARTIES ALSO UNDERSTAND THAT THE SCOPE OF DISCOVERY IN ARBITRATION MAY BE MORE LIMITED THAN IN A COURT PROCEEDING.

Both parties agree that any claim, dispute, or controversy arising from or related to the use of our Services, our communications or marketing efforts, these Terms of Use (including any alleged breaches), promotions offered by Frontline Fencing, or telephonic outreach—whether grounded in contract, tort, statute, or any other legal framework—will be resolved through binding arbitration. The arbitration will be conducted by a single arbitrator, as outlined below. The arbitrator shall hold exclusive authority to resolve all disputes related to the interpretation, applicability, enforceability, or formation of this binding arbitration agreement. This includes, but is not limited to, claims asserting that any part of the agreement is void or voidable. No federal, state, or local court or agency will have jurisdiction over such matters. The arbitrator shall have the authority to award any relief that would be available in a court of law or equity. This arbitration agreement does not waive either party's right to pursue public injunctive relief. Both parties agree to work together to stay any requests for public injunctive relief, ensuring proper adherence to this agreement.

All actions conducted under this arbitration agreement are strictly confidential and cannot be disclosed to any third party. Any arbitral award will be final, binding, and enforceable in a court of competent jurisdiction. This agreement applies to you, Frontline Fencing, and its affiliates and related entities. Interpretation and enforcement of this arbitration agreement will be governed by the Arbitration Act of British Columbia. If the Arbitration Act is found not to apply to any issue of interpretation and enforcement, the matter shall be resolved under the laws of the Province of British Columbia or Canada.

The arbitration will be administered in accordance with the ADR Institute of Canada's Arbitration Rules, which are available at https://adric.ca. All arbitration proceedings will be held virtually or in a location reasonably convenient to both parties, consistent with these rules. If you intend to seek arbitration, you must first send a written notice of arbitration (“Notice”), by mail or courier service, within the applicable limitation period. Your Notice must be sent and delivered to Frontline Fencing, 295 Bryden Road, Kelowna, British Columbia V1X 3Y5. The Demand must outline the nature and basis of the claim, as well as the specific relief sought. If the parties cannot reach an agreement within 30 days of Frontline Fencing’s receipt of the Demand, either party may commence arbitration proceedings in accordance with Canadian arbitration laws. A form to initiate arbitration can be obtained from the ADR Institute of Canada at www.adric.ca. The party initiating arbitration must also provide a copy of the completed form to the opposing party. Copies for Frontline Fencing can be sent to 295 Bryden Road, Kelowna, British Columbia, V1X 3Y5.

If a court or arbitrator determines that any part of this arbitration agreement is unenforceable for a specific claim, that claim will be excluded from arbitration and resolved through litigation in court. However, this will only occur after the arbitration process for any remaining claims or disputes covered by this agreement has been completed.

Unless this arbitration provision is deemed inapplicable, arbitration will serve as your sole remedy.

Class Action, Class Arbitration, and Jury Trial Waiver

Both parties agree that any arbitration will be conducted solely on an individual basis and not as part of a class action. By entering into this agreement, both you and we explicitly waive the right to file or pursue any claims as part of a class action or to seek relief on a class-wide basis. If a court or arbitrator rules that the class action waiver in this paragraph is invalid or unenforceable, or allows arbitration to proceed on a class basis, the entire arbitration agreement in this section will be considered null and void. In such a case, it will be as if the parties never agreed to arbitrate disputes.

Exceptions

Despite the parties’ agreement to resolve all disputes through arbitration, there are two exceptions: (i) either party may seek resolution in small claims court for disputes or claims that fall within its jurisdiction, and (ii) either party may file a lawsuit to prevent the infringement or misuse of intellectual property rights or confidential information. Initiating legal action for injunctive relief will not waive the claiming party’s right or obligation to submit any other claims, aside from those seeking injunctive relief, to arbitration.

MISCELLANEOUS
These Terms of Use are governed by and interpreted in accordance with the laws of the Province of British Columbia, without regard to its conflict of law principles. If the arbitration provision does not apply or is unenforceable, you agree to submit to the exclusive jurisdiction of the federal and provincial courts located in the Province of British Columbia for any matters arising from or related to these Terms of Use and your use of the Services. You waive any objections regarding jurisdiction, venue, or the inconvenience of such courts.

If any provision of these Terms of Use is deemed unlawful, invalid, or unenforceable for any reason, it will be considered separate from the rest of the Terms and will not affect the validity or enforceability of the remaining provisions.

Any sections of these Terms of Use designed to remain in effect after termination—such as those related to indemnification or the limitation of our liability—will continue to apply even after these Terms of Use, or your access to the Services, have ended.

These Terms of Use constitute the complete agreement between us regarding the subject matter addressed and replace all prior or concurrent written or verbal agreements. You may not assign, transfer, or sublicense these Terms without the prior written consent of Frontline Fencing.These Terms of Use govern only the use of the Services and do not establish a partnership, joint venture, or similar arrangement unless explicitly agreed to in writing by both parties.

No party shall be considered to have waived any right, obligation, breach, or default under this agreement unless the waiver is expressly stated in writing by the waiving party. Furthermore, a waiver of any specific right, obligation, breach, or default shall not be construed as a waiver of any prior or future breaches or defaults.

Headings, captions, and section titles in these Terms of Use are provided solely for convenience and do not define, interpret, or clarify any section or provision within this document.