LEGAL STATEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEB SITE.
All users of this site agree that access to and use of this site are subject to
the following terms and conditions and other applicable law. If you do not
agree to these terms and conditions, please do not use this site.
COPYRIGHT
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under Canadian and other
copyright laws, and is the property of KINECTRICS INC. ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of
this site for the sole purpose of placing an order with KINECTRICS INC. or
purchasing KINECTRICS INC. services. You may display and, subject to any
expressly stated restrictions or limitations relating to specific material, download
or print portions of the material from the different areas of the site solely
for your own non-commercial use, or to place an order with KINECTRICS INC. or
to purchase KINECTRICS INC. services. Any other use, including but not limited
to the reproduction, distribution, display or transmission of the content of
this site is strictly prohibited. You further agree not to change or delete any
proprietary notices from materials downloaded from the site.
TRADEMARKS
All trademarks, service marks and trade names of KINECTRICS INC. used herein
(including but not limited to the KINECTRICS INC. name and logo) are trademarks
or registered trademarks of KINECTRICS INC.
PATENTS
Kinectrics
Inc.'s products and processes are covered by one or more patents and are subject
to other trade secret and proprietary rights. Kinectrics Inc. reserves all such
rights.
SOFTWARE
Any
software, including any files, images generated by the software, code, and data
accompanying the software (collectively, "Software"), used or
accessible through this Site may be used by you solely for accessing and using
this Site for purposes expressly stated on the Site. Kinectrics Inc. or its
affiliates or suppliers retains full and complete title to and all intellectual
property rights in the Software.
DISCLAIMER
THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KINECTRICS INC.
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. KINECTRICS INC. DOES NOT REPRESENT OR WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KINECTRICS INC. DOES
NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS
IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS,
TIMLINESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY
KINECTRICS INC. SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS
SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF KINECTRICS INC. HAS BEEN
ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration process. These terms and conditions, or any
of them, may be terminated by KINECTRICS INC. without notice at any time for
any reason. The provisions relating to Copyrights, Trademark, Disclaimer,
Limitation of Liability, Indemnification and Miscellaneous, shall survive any
termination. Use of the Site after any such changes constitutes acceptance of
the new terms. Please do not use or download materials from this Site if you do
not agree to abide to these or future terms.
Kinectrics Inc. may remove, modify or otherwise change any content,
including that of third parties, on or from this Site. Kinectrics Inc. may impose
limits on certain services or restrict access to parts or the entire Site
without notice or liability. Kinectrics Inc. may terminate your use of the Site
at any time in its sole discretion.
Kinectrics
Inc. reserves the right, at our sole discretion, to change these terms without
further notice. Use of the Site after any such changes constitutes acceptance
of the new terms.
NOTICE
KINECTRICS INC. may deliver notice to you by means of electronic mail, a
general notice on the site, or by written communication delivered by Canada
Post mail to your address on record in KINECTRICS INC.'s account information.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the
province of Ontario, without regard to choice of law provisions, and not by the
1980 U.N. Convention on contracts for the international sale of goods.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail and chat or
by obscene or abusive language is strictly forbidden. Impersonation of others,
including a KINECTRICS INC. or other licensed employee, host, or representative
as well as other members or visitors on the site is prohibited. You may not
upload to, distribute, or otherwise publish through the site any content which
is libellous, defamatory, obscene, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offence, violate the rights of any party or
which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
PARTICIPATION DISCLAIMER
KINECTRICS INC. does not and cannot review all communications and materials
posted to or created by users accessing the site and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute user
generated content on the site, KINECTRICS INC. is merely acting as a passive
conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However,
KINECTRICS INC. reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another or (d) offensive or
otherwise unacceptable to KINECTRICS INC. at its sole discretion.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless KINECTRICS INC., its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, KINECTRICS INC. may
choose various third-party web sites to link to from its own site. However,
even if the third party is affiliated with KINECTRICS INC., KINECTRICS INC. has
no control over these linked sites, all of which have separate privacy and data
collection practices, independent of KINECTRICS INC.. KINECTRICS INC. has no
responsibility or liability for these independent policies or actions and is
not responsible for the privacy practices or the content of such web sites.
These linked sites are only for your convenience and therefore you access them
at your own risk. Nonetheless, KINECTRICS INC. seeks to protect the integrity
of its web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well (including
if a specific link does not work).
PRIVACY STATEMENT
KINECTRICS Inc. respects the privacy of every individual who visits our
websites. This Privacy Policy outlines the information KINECTRICS Inc. may
collect and how we may use that information.
Personal Data
KINECTRICS Inc. will not collect any personally-identifiable information about
you (e.g., your name, address, telephone number or e-mail address
("personal data") through our websites unless you have provided it to
us voluntarily. If you do not want your personal data collected, please do not
submit it to us.
When you do provide us with personal data, we may use that information in the
following ways, unless stated otherwise: we may store and process that
information to better understand your needs and how we can improve our products
and services; we (or a fulfillment house or other third party on our behalf in
connection with a promotion) may use that information to contact you; and/or we
may provide other third parties with aggregate - but not individual -
information about visitors to or users of our sites. We do not now and do not
intend to sell, rent or market personal data about you to third parties.
Additional Information Collected Automatically
In some cases, we may automatically (i.e., not via registration) collect
technical information when you connect to our site that is not personally
identifiable. Examples of this type of information include the type of Internet
Browser you are using, the type of computer operating system you are using and
the domain name of the website from which you linked to our site.
Information Placed Automatically on Your
Computer -- Cookies
When you view one of our websites, we may store some information on your
computer. This information will be in the form of a "Cookie" or
similar file and can help us in many ways. For example, Cookies allow us to
tailor a website to better match your interests and preferences. With most
Internet Browsers, you can erase Cookies from your computer hard drive, block
all Cookies or receive a warning before a Cookie is stored. Please refer to
your Browser instructions or help screen to learn more about these functions.