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.
No Warranty
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.
Miscellaneous
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. |
