Terms & Conditions
User Agreement to Terms and Conditions of Use
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFOE USING THIS WEB SITE. By accessing or using this web site (the “Site”) or any information or materials available on this Site, you agree to be bound by these terms and conditions (the “Terms and Conditions”). If you do not agree to be found by these Terms and Conditions, do not access or use this Site.
Copyright, Trade-Marks and Other Intellectual Property
All content of this Site and the pages thereof (collectively, the “Content”) and the copyright and other proprietary rights therein are owned or controlled by West Coast Reduction Ltd. (“WCRL”), unless otherwise indicated. All rights are reserved unless expressly indicated otherwise.
The trade-marks, including without limitation “West Coast Reduction”, service marks, trade names, logos, designs, and trade dress, used on the Site (collectively the “Trade-marks”) are owned or controlled by WCRL, unless otherwise indicated or it is obvious from the nature of the circumstances, and protected by law in Canada, the United States, and other countries. No right or license is granted by WCRL or any Trade-marks of WCRL.
No Modification, Distribution, Public Display, Etc.
Subject to these Terms and Conditions, you are permitted only temporary access to the Site, for personal use in evaluating WCRL’s products and/or services, through a browser. Access may be terminated at any time by WCRL.
Any reproduction, modification, publication, transmission, transfer, sale, distribution, performance, display or exploitation, electronically or otherwise, of or any derivative work, electronic or otherwise, based in whole or in part on any of the Content or the Site, whether in whole or in part, without the express written permission of WCRL is strictly prohibited, except to the extent expressly permitted in these Terms and Conditions.
Access to Site, Content Changes and Termination of Access
WCRL is under no obligation to maintain, upgrade or otherwise make the Site available to you. The Content on the Site may be changed by WCRL at any time without notice.
THE SITE, THE CONTENT AND/OR THE SERVICES INCLUDED IN AND/OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. WCRL MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS, GUARANTEES, ASSURANCES AND THE LIKE ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY AND/OR ACCURACY OF THE SITE, ANY CONTENT AND/OR ANY SITE ACCESSIBLE SERVICES, FOR ANY PURPOSE. WCRL DISCLAIMS ANY AND ALL REPRESENTATION, WARRANTIES, COVENANTS, GUARANTEES, ASSURANCES AND THE LIKE OF ANY KIND, EXPRESS, IMPLIED AND/OR STATUTORY, IN CONNECTION WITH THE SITE, THE CONTENT AND/OR ANY SITE ACCESSIBLE SERVICES, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS, WARRANTIES, COVENANTS, GUARANTEES, ASSURANCES AND THE LIKE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM COMPUTER VIRUSES, AND/OR ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE.
ANY CONTENT DOWNLOADED AND/OR OTHERWISE OBTAINED THROUGH THE ACCESS AND/OR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
Limitations of Liability
IN NO EVENT WILL WCRL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATIONS DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, LOSSES AND/OR EXPENSES ARISING IN CONNECTION WITH THE SITE, ANY CONTENT, ANY SITE ACCESSIBLE SERVICES, ANY LINKED WEB SITE AND/OR PORTION THEREOF, AN/OR ANY USE OF ANY OF THE FOREGOING AND/OR INABILITY TO USE BY ANY PARTY, AND/OR IN CONNECTION WITH ANY UNAUTHORIZED USE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION AND/OR TRANSMISSION, COMPUTER VIRUS, LINE AND/OR SYSTEM FAILURE AND/OR BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF PROPRIETARY AND/OR SENSITIVE INFORMATION THROUGH THE SITE, EVEN IF WCRL OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES AND/OR EXPENSES, AND WHETHER OR NOT SUCH DAMAGES, LOSSES AND/OR EXPENSES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Any access or use of this Site, any page thereof or any Content is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.
You may not assign, in whole or in part, your obligations or rights under these Terms and Conditions without the prior written consent of WCRL. WCRL expressly reserves the right to assign, in whole in part, these Terms and Conditions.
WCRL’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provisions or right. No waiver by WCRL of any provision of these Terms and Conditions shall be effective until made in writing, and duly executed by WCRL.
All provisions in these Terms and Conditions are intended to be construed in a manner that ensures their validity and enforceability. If necessary to ensure the fulfillment of this objective, a court may read down a provision or eliminate an otherwise invalidating aspect therein. If, despite the above, any of the provisions contained in these Terms and Conditions is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein and the provision in question shall be replaced by a lawful provision that most closely embodies the intent of WCRL considering the economic, business, or other purposes of the provision. The language in all parts of these Terms and Conditions shall, in all cases, be construed simply according to its fair meaning and not strictly for or against any of the parties hereto. For greater certainty, any rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of these Terms and Conditions.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein, without regard to their conflicts of law principles. All disputes, controversies or claims arising out of or in connection with the subject matter hereof shall be submitted to and be subject to the exclusive jurisdiction of the courts of the Province of British Columbia. WCRL and you agree that these Terms and Conditions and all documents relating thereto are to be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.