Dura-Lite Heat Transfer Products Ltd.™ Website Use Agreement
This version in effect since January 1st, 2010
PLEASE READ CAREFULLY. THE FOLLOWING CONSTITUTES A LEGAL AND BINDING CONTRACT BETWEEN YOU AND DURA-LITE HEAT TRANSFER PRODUCTS LTD.™
Dura-Lite Heat Transfer Products Ltd.™, including its affiliates and subsidiaries (collectively, "Dura-Lite", "we", "us" or "our"), grants you a limited, gratuitous and revocable non-exclusive license to view and access the website located at www.duralite.net (the "Website") subject to your unconditional acceptance of and compliance with the terms and conditions of this Website Use Agreement (the "Terms"). By accessing or using the Website you are agreeing to and accepting these Terms. If you do not agree with these Terms do not access or use the Website.
We reserve the right to modify these Terms at any time without prior notice by posting such modifications or modified Terms on the Website. Your continued access or use of the Website after such modifications have been posted indicates your acceptance of and agreement to be bound by these Terms as modified. You agree to regularly review these Terms.
Except as may be expressly authorized by us, any reproduction, modification or distribution of the Website materials or content is strictly prohibited. We reserve the right to modify, change, discontinue or suspend the Website in whole or in part, at any time, without prior notice to you. Dura-Lite™ or any of its respective employees, agents, officers, directors or service providers shall not be liable to you or any third party should we exercise this right.
2. No Professional Advice.
The Website is for convenience and informational purposes only. The Website is not intended to be a comprehensive or detailed statement concerning any of the matters addressed, any design/development or any other kind of advice; or an offer to sell or buy any product or service. You should seek appropriate, qualified professional advice before acting or omitting to act based upon any information provided on or though the Website. Information transmitted to Dura-Lite™ through the Website may not be secure, may not be treated as confidential or protected, and does not create any relationship or duty of any kind. You should not send confidential or sensitive information by the Internet or e-mail unless you take appropriate precautions, such as the use of encryption.
3. Compliance with Laws.
In addition to complying with these Terms, you agree to use the Website, Linked Sites and services available on or through the Website and Linked Sites for lawful purposes only and in a manner consistent with local, national or international laws and regulations. You may not use the Website or Linked Sites in any manner that could damage, disable, overburden, or impair the Website or Linked Sites or interfere with any other party's use or enjoyment of the Website or Linked Sites.
4. Ownership and Permitted Use of the Website.
The Website and the Information, including the design, selection and arrangement thereof, are protected by copyright under copyright laws and international treaties. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited. Nothing in these Terms or your use of the Website shall grant you any rights in or to the copyright or other intellectual property or proprietary rights of Dura-Lite™ or any third party. You may print or download Website pages or other content for your personal, non-commercial use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not use the Website or its content for any other purpose or in any other way. In particular, the Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Dura-Lite™.
All of the brands, trademarks, names and related words and logos of Dura-Lite™ referred to on the Website and used in connection with the products and services of Dura-Lite™, including Dura-Lite Heat Transfer Products Ltd.™ & Design (logo), Dura-Lite™ & Design (logo), Dura-Lite™, Dura-Lite™ Charge Air Coolers & Design (logo), Dura-Lite™ Ultimate Solution & Design (logo), Ultimate Solution®, Channel Flow®, and Evolution®, are trademarks or trade names of Dura-Lite™. Nothing in these Terms or on the Website shall be construed as granting, either expressly, by implication, by estoppel or otherwise, a license or other right to you to use any such trademarks or trade names. The names of other companies, products or services referred to on the Website may be trademarks or trade names of their respective owners. Any unauthorized use of the trademarks or trade names of Dura-Lite™ or of third parties is strictly prohibited.
7. Other Website Links.
8. No Framing, Mirroring, Scraping, Data-Mining and Postings.
The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any method is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
9. Secure Areas.
Certain areas of the Website are password protected (“Secure Areas”). You agree not to enter or attempt to enter any Secure Area unless authorized by Dura-Lite™. These Secure Areas may have additional terms and conditions governing their use and you agree to be bound by such terms and conditions when you use or access the Secure Areas. In the event of a conflict, the terms and conditions on the Secure Areas will supersede these terms with respect to information in the Secure Areas.
10. Disclaimer and Liability Exclusion.
You understand and agree that use of the Website is at your sole risk. The Website is provided on an "as is", "as available" and "when available" basis. Dura-Lite™ and its service providers disclaim any and all warranties with respect to the Website, whether express or implied, including without limitation, any warranty of merchantability, satisfaction, fitness for a particular purpose, completeness, accuracy, reliability, quality, timeliness, uninterrupted use, title and non-infringement. The downloading, reading and review of material from the Website or Linked Sites is done solely at your own risk. Dura-Lite™ does not guarantee or warrant that such materials are free of viruses or other destructive code or content of any kind. You are responsible for implementing safeguards to protect your computer system and data and you are solely responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of the Website or any Linked Site. You agree that you will not rely on any opinion or other information set out in the Website or any website accessible through the Website when making business, financial, personal or any other decisions. Dura-Lite™ and its service providers do not endorse the opinions of any third party expressed on the Website or any website accessible through the Website.
IN NO EVENT SHALL DURA-LITE™ BE LIABLE FOR ANY (I) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY, AGGRAVATED, EXEMPLARY OR PUNITIVE DAMAGES, (II) DAMAGES FOR ECONOMIC LOSS, LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY, OR FAILURE TO REALIZE EXPECTED REVENUES, SAVINGS OR OTHER RESULTS OF ANY KIND, (III) CLAIMS OF THIRD PARTIES, OR (IV) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE OR ANY LINKED SITE. IN NO EVENT WILL BE CUMULATIVE LIABILITY OF DURA-LITE™ AND ITS SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS EXCEED CDN. $10.00.
THE DISCLAIMER OF GUARANTEES, REPRESENTATIONS, WARRANTIES, CONDITIONS AND LIMITATIONS OF LIABILITY SET OUT HEREIN SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OR CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF DURA-LITE™ AND ITS SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY OR SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS FORESEEABLE.
You agree to indemnify and hold Dura-Lite™ and its service providers harmless from and against any and all claims, liabilities, damages, demands, losses or expenses (including all legal fees) that Dura-Lite™ may incur or suffer as a result of your use of this Website or arising out of your breach of these Terms.
11. Personal Information and Privacy.
12. Governing Law and Dispute Resolution.
These Terms, your use of the Website, and all related matters are governed solely by the laws of the Province of Alberta, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Dura-Lite™ and you or any other person arising from, connected with or relating to the Website, these Terms or any related matters must be resolved before the Courts of the Province of Alberta sitting in the City of Calgary, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. Any claim or cause of action you may have arising from, connected with, or relating to your use of the Website, these Terms, or any related matters must be commenced in a court of competent jurisdiction in the Province of Alberta within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred.
13. Other Matters.
These Terms, including any changes made to these Terms from time to time, constitute the entire agreement between you and Dura-Lite™ relating to your use of the Website, and supersede all previous agreements, written, oral or otherwise, between you and Dura-Lite™ with respect to your use of the Website. These Terms cannot be modified except as described elsewhere herein. These Terms supersede anything in the Website or any prior communication with you inconsistent with these Terms. No waiver of any of these Terms, or any term or condition herein, shall be deemed a further or continuing waiver of any such term or condition or any other term or condition. If in any jurisdiction, any part of these Terms is held to be unenforceable by a court of competent jurisdiction, such part of these Terms shall be restricted or eliminated to the minimum extent necessary and the remaining Terms shall otherwise remain in full force and effect.