Terms of Business

Legal

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

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. Kinectrics Inc.* is providing you with access to this site on the terms (these “Terms”) set out below. These Terms govern the use of this site. By using this site: (a) if you are using this site on your own behalf, you acknowledge that you have read and understand these Terms and that you agree to be bound by these Terms; and (b) if you are using this site on behalf of your employer, you acknowledge, on behalf of your employer, that you have read and understand these Terms and that you, acting on behalf of your employer, agree to be bound by these Terms. You represent and warrant to Kinectrics that you have the authority to bind your employer to these Terms. If you are using this site on behalf of your employer, all further references to you or your in these Terms are deemed to refer to your employer who is bound by these Terms.

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. 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 or purchasing 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 or to purchase Kinectrics 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 used herein (including but not limited to the Kinectrics name and logo) are trademarks or registered trademarks of Kinectrics.

PATENTS

Kinectrics’ products and processes are covered by one or more patents and are subject to other trade secret and proprietary rights. Kinectrics 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 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 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 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 does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

LIMITATION OF LIABILITY

Kinectrics 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 has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages.

TERM AND 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 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 may remove, modify or otherwise change any content, including that of third parties, on or from this site. Kinectrics may impose limits on certain services or restrict access to parts or the entire site without notice or liability. Kinectrics may terminate your use of the site at any time in its sole discretion.

Kinectrics 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 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’ account information.

MISCELLANEOUS

Your use of this site shall be governed in all respects by the laws of the province of Ontario, Canada, 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 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.

If you create a link to this site or display/reproduce material from this site, you may not: (a) state or imply that Kinectrics authorizes, endorses or sponsors any of the goods, services or other information in the other site or to you; (b) misrepresent the relationship, if any, between you or the other site and Kinectrics; or (c) use any Kinectrics trademarks, service marks, trade names, copyright or other proprietary or intellectual property rights of Kinectrics. without Kinectrics’ prior written consent.

PARTICIPATION DISCLAIMER

Kinectrics 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 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 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 at its sole discretion.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kinectrics, 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 may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with Kinectrics, Kinectrics has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kinectrics. Kinectrics 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 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).