- You agree not to upload, post, distribute or otherwise transmit on, through or to the Website:
- any virus, worm, backdoor, trojan, trojan horse, shutdown mechanism or similar software, code, script or program which is intended to, is likely to or has the effect of disabling, denying access to, damaging or destroying, corrupting or affecting the normal use of the Website or any data, software or equipment stored thereon or used in conjunction therewith;
- any material that contains any error, deficiency, omission, misstatement or misrepresentation;
- any material that is or is reasonably likely to be construed as threatening, intimidating, abusive, harassing, violent, hateful, degrading, prejudice, deceptive, fraudulent, libellous, defamatory, obscene, pornographic, profane or harmful to individuals, or that may otherwise result in regulatory, criminal or civil liability;
- any material that is or is within reason likely to contravene any law, regulation, decree, statute, order or similar rule;
- any material that, when used on this Website, violates any agreement, intellectual property rights, moral rights, publicity rights, privacy rights, fiduciary obligations or other rights of a third party;
- any commercial solicitation, advertisement or other material intended to promote the sale or supply of goods or services, including and without limitation any material for which you receive any compensation, fee or other incentive or reward to post to websites; or
- any material that contravenes any notice or guideline posted to the Website from time to time by Canada Sensors Technology Inc.
- We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any illegal information or materials.
- Although we may from time to time (and reserve the right to) monitor or review User Submissions and other content, discussions, chats, postings, transmissions, bulletin boards, and other material posted to the Website by other users or third parties, we are under no obligation to do so and assume no responsibility or liability arising therefrom, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. You hereby waive any rights or remedies you may have against us in respect of any User Submissions or your reliance thereon. We reserve the right (but have no obligation) to edit, modify, remove, redact or refuse to display or post any User Submissions on this Website in our sole discretion without notice or liability.
- You acknowledge that any use of or reliance on this Website and any information on this Website shall be at your sole risk. We make no representation or warranty of any kind regarding this Website, all of which is provided on an “as is” and “as available” basis. Canada Sensors Technology Inc., has no obligation to maintain either the availability or the currency of the Website and have no obligation or liability for the Website (including any User Submissions) or for any damages to users of the Website, however caused.
- We will not:
- warrant that the Website will continue to operate, operate without interruptions or that it will be error free, that defects will be corrected or that it will be free of viruses or other destructive elements; or
- guarantee, and/or make no representation, condition or warranty as to the truthfulness, accuracy, reliability, adequacy, correctness, currency, veracity or completeness of this Website or any portion or functionality thereof;
- endorse any statements or opinions expressed on the Website by third parties, including without limitation other users of the Website, plugin and theme developers or third parties advertising on the Website.
- TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF WORKMANSHIP, MERCHANTABILITY, SATISFACTORY QUALITY, LATENT DEFECTS, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
Exclusion and Limitation of Liability
- YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR LOSS OF REVENUE) UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING TO:
- THE WEBSITE OR THE USE THEREOF OR THE INABILITY TO USE THE WEB SITE IN ANY MANNER WHATSOEVER; OR
- ANY UNAUTHORIZED ACCESS TO THE WEBSITE OR BREACH OF SECURITY, INCLUDING TO ANY OF YOUR USER SUBMISSIONS OR YOUR REGISTRATION INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
- IN ANY EVENT, YOU AGREE THAT OUR AGGREGATE LIABILITY FOR ALL DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US, IF ANY, FOR THE RIGHT TO ACCESS THE WEBSITE IN THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSE OF ACTION.
- THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THE TERMS SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY.
- SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, BUT IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- You are free to create links to the Website, provided such link does not portray us or any of our products or services in a false, misleading, derogatory or defamatory manner and provided such link does not trigger any pop-up, pop-under window or the presentation of any other type of advertisement or notice. We reserve the right to revoke this limited right at any time. You may not use frames or framing techniques to enclose all or any part of the Website or otherwise embed any materials from the Website within another website or location, or use masks, overlays or similar techniques or methods to alter, hide or reformat the presentation of all or any part of the Website or to layer other content or materials on top of or within the browser window within which the Website is presented, without our prior written consent.
- The Terms apply to the Website. Other websites or domains associated with or made available by Canada Sensors Technology Inc. Text may be governed by separate terms and conditions or separate privacy policies.
- This Website is controlled, operated and administered by us and our affiliates from our offices in Canada. We make no representation or warranty that the Website is appropriate or available for use at any location outside Canada. If you access the Website from outside Canada, you are responsible for compliance with all local law. You may not export any of the Website in violation of any applicable export laws and regulations.