Terms & Conditions for Use of the Axamit Website
By using or downloading any materials from this Site and/or Services, you agree to these Terms and Conditions.
1. Copyrighted Information and Copyright Agent.
Please note that the pages on the Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Unless otherwise noted, all information, text, articles, data, images, Documents (as defined below), software or other materials (collectively hereinafter referred to as the "Materials") contained on any page within this Site are copyrighted by the Axamit or a third party (hereinafter collectively referred to as the "Copyright Holder"). Title to copyright in the Materials will at all times remain with the Copyright Holder. You may only use, download or copy the Materials contained in the Site in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify or make use of the Materials without the express, prior written consent of the Axamit. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to the Axamit, the Copyright Holder, or any third party referenced in the Materials. Nothing on this Site shall be construed as conferring any license under any Copyright Holder's intellectual property rights. You agree to use the Site and the Materials and services and products on the Site or accessible via the Site only for lawful purposes. THE AXAMIT MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME.
Except as specifically provided in these Terms and Conditions, any reproduction, distribution, replication or retransmission of any information contained on this Site without the prior written consent of the Axamit is strictly prohibited.
The Axamit respects the rights of all copyright holders and in this regard, it has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders.
2. Notice With Regard to Documents on this Site.
Permission to display, copy and/or download any papers, articles or other works of authorship on this Site (the "Documents") is hereby granted, provided that (a) the copyright notice set forth on the Document and a statement that the Document is being reproduced under permission of the Copyright Holder both appear on such displayed, copied or downloaded Document, (b) use or reproduction of such Documents from this Site is for informational or personal use only, and (c) no modifications of any Documents are made. Any other use of the Documents is expressly prohibited.
4. Disclaimers and Limitation on Liability.
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND THE AXAMIT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. AXAMIT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) DISCLAIMER OF ACCURACY. THE AXAMIT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. THE AXAMIT RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. THE AXAMIT MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. THE AXAMIT IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
(C) LIMITATION ON LIABILITY. NEITHER AXAMIT NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST THE AXAMIT FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
5. Links to Third Party Sites.
Any other web sites that are accessible via any link on this Site are not under the control of the Axamit. The Axamit is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. The Axamit provides the linked sites to you only as a convenience, and the inclusions of any such link on the Site does not imply the Axamit’ endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.
6. References to Products or Services.
Information published by the Axamit on the Site may contain references or cross references to Axamit products or services that are not announced or available in your country. Such references do not imply that Axamit intends to announce such products or services in your country. Please contact Axamit for information regarding the products and services that may be available to you.
7. User Input.
Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on the Site, such information shall be deemed to be non-confidential and Axamit shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, the Axamit shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, without limitation, publication on the Site, or other Axamit publications, and developing, manufacturing, and marketing products using such information. The Axamit shall have no obligation to compensate the contributor of such information in any manner.
8. Governing Law; Venue for any Proceedings.
Any action, proceeding, dispute, claim or controversy arising out of or relating to this Site or these Terms and Conditions, or Axamit services offered on or accessed via the Site, shall (i) be governed by the law of the Province of Ontario, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the courts of the Province of Ontario, and you hereby submit to the jurisdiction of said courts.
9. Complete Agreement; Changes to the Terms and Conditions.
These Terms and Conditions represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Axamit shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on the Site. Any use of the Site after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.
“Axamit”, the Axamit logo, and other Axamit logos and titles are registered trademarks or service marks of Axamit. All other products, company names or other marks appearing on this Site are the trademarks of their respective owners. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without prior written permission of Axamit or other trademark owners.
You agree to defend, indemnify, and hold harmless the Axamit, its officers, directors, employees, members, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms and Conditions. The Axamit shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Axamit may terminate this agreement at any time. Upon termination, you agree to cease all use of this Site. Without limiting the foregoing, Axamit shall have the right to immediately terminate your access and use of the Site, or any portion of the Site, in the event of any conduct by you or through your account which Axamit, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms and Conditions. The provisions of Sections 4, 8, 10 and this Section 12 shall survive any termination of this agreement.