Acceptance of Contract Terms

The following are terms of a legal agreement between you and Dieffenbacher North America, Inc. (“Dieffenbacher” or “we”). By accessing, browsing, or otherwise using this website (“Site”), you acknowledge that you have read, understood, and agree to be bound by these terms (“Terms of Use”) and to comply with all applicable laws and regulations, including without limitation export and re-export control laws and regulations. If you do not agree to these Terms of Use, you may not use this Site. The material provided on this Site is protected by law, including, but not limited to, copyright law and international treaties. Dieffenbacher administers this Site from its offices in Windsor, Ontario, Canada. Dieffenbacher makes no representation or warranty that materials at the Site are appropriate or available for use in other locations or territories, and access from territories where the contents of this Site are illegal is prohibited. You agree to comply with all applicable laws in connection with your access to or use of this Site.

 

Use Restrictions

This Site contains material that is protected by copyright, trademark and other intellectual and proprietary rights laws. The copyright, trademark, and other rights in all material provided on this Site are held by Dieffenbacher or by the original creator of the material. None of the material on this Site, including but not limited to trademarks, service marks, logos, trade dress, slogans, screen shots, designs, or brand features, may be copied, reproduced, modified, distributed, republished, downloaded, uploaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Dieffenbacher or the copyright or trademark owner. Users may not “mirror” any material contained on this Site on any other server. Any de-compilation, disassembly, reverse engineering or other exploitation of this Site is strictly prohibited. You acquire absolutely no rights or licenses to the Site or its content other than the limited right to use the Site in accordance with these Terms of Use. Any unauthorized use of any material contained on this Site may violate copyright, trademark, and communications laws and the laws of privacy and publicity. Users may not extract information about usage or other users of this Site. Users may not use this Site or any information, content or links for any illegal, harmful, or immoral purpose, or to transmit to or through this Site any objectionable material. We reserve the right to suspend or terminate your use of this Site immediately and without notice, in our sole discretion. You may not frame or link this Site or its content. You understand and agree that we may take any action regarding suspected unlawful activity by a user including reporting, disclosing information relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Site.

 

Disclaimers

THIS SITE AND THE MATERIAL AND INFORMATION PROVIDED ARE “AS IS, WHERE IS, AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OWNERSHIP, TITLE, VALIDITY, AND LEGALITY OF ANY CONTENT.

Information published at this Site may refer to products, programs or services that are not available in your area, so, please contact Dieffenbacher to obtain applicable information. Dieffenbacher has no obligation to update any information at this Site, and any use of or reliance upon this Site shall be at the user’s sole risk.

 

Links to Other Websites

Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. Dieffenbacher has not reviewed these third-party sites and does not control and is not responsible for any of these sites or their content. Dieffenbacher does not endorse or make any representations about the sites or any information, products or materials found there, or any results that may be obtained from using such sites. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk. We are not responsible for web casting or any other form of transmission received from any linked sites. You are responsible for protecting your system from viruses and other invasive items.

 

Limitation of liability

IN NO EVENT WILL DIEFFENBACHER, ITS SUPPLIERS OR AFFILIATES, CONTENT PROVIDERS OR AN Y OTHER PERSON RELATED OR CONTRIBUTING TO THIS SITE, INCLUDING ANY SITE LINKED TO OR FROM THIS WEBSITE, OR OTHERS MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, THOSE RELATING TO LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, REPLACEMENT COSTS, OR BUSINESS INTERRUPTION) ARISING OUT OR RELATING TO OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE,, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT DIEFFENBACHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

Indemnification

You agree that your use of this Site or its content shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against Dieffenbacher or its affiliates. You agree to indemnify and hold Dieffenbacher and our directors, officers, employees, representatives, agents and affiliates harmless from and against any claim, suit, demand, action, damage, loss, liability or expense, including without limitation legal fees, arising out of or relating to any breach of these Terms of Use or misuse of this Site by you.

 

Updates to Terms of Use and Governing Law

These Terms of Use and any matter relating to your use of this Site or the material contained on this Site will be governed by and construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada, without giving effect to any principles of conflicts of laws. Dieffenbacher may revise these Terms of Use at any time by updating this posting. You should visit this Site from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The provisions of these Terms of Use are independent and severable, and if any provision hereof is held by a court of proper jurisdiction to be unlawful, void or unenforceable, such provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.