Terms
and Conditions
General
The
Website offers a range of information and services which may
include product information, logistics, technical information,
customer support and general information (the "Services").
The Services are subject to change or removal by Filmat without
notice.
Acceptance
of Terms and Conditions
By
visiting or using this Website (collectively, "Use"
of the Website), including without limitation to access, use,
and/or download messages, information, data, text, software
or images, or other content from this Website, or to send
messages, information, data, text, software or images, or
other content to the Website, you agree on your own behalf,
and on behalf of any entity on whose behalf you may act, to
accept and abide by the Terms and Conditions for each Use
of and each visit to this Website. If you do not agree to
abide by these Terms and Conditions, you should not Use this
Website.
Use of the Website is offered to you, by Filamat Composite
Inc. conditioned on your acceptance, without modification,
of the terms, conditions and notices contained herein (the
"Terms and Conditions").
Filamat has the right, in its sole discretion, to add to,
remove, modify or otherwise change any part of the Terms and
Conditions, in whole or in part, at any time. Changes will
be effective when notice of such change is posted at this
Website. Please check the Terms and Conditions frequently
for updates by checking the date of "Last Update"
at the top of this document. If any term, condition or any
change thereto is not acceptable to you, you must discontinue
your Use of this Website immediately. You’re continued
Use of this Website after any such changes are posted will
constitute acceptance of those changes. These Terms and Conditions
apply exclusively to your Use of this Website and do not alter
the terms or conditions of any other agreement you may have
with Filamat.
General
Disclaimer
The
information provided by the Website is not intended as advice
on architecture, engineering, construction technique or building
materials. Such information is for informational purposes
only and is not intended to be a substitute for professional
advice, assessment and evaluation. It is your responsibility
to evaluate all your relevant factors. You bear all risks
associated with the use of any information, including any
reliance on the availability, accuracy, completeness, usefulness
or appropriateness of such information. This includes the
following: (a) unsolicited information of a general or technical
nature, including, product information or details, materials
specifications and instructions; (b) information generated
in response to requests by you or other users of the Website,
including customized product lists, reports, and FAQs; (c)
content that is submitted on the Website by you or other users
of the Website; and (d) third party content that is made available
on, or otherwise accessible through, the Website by Filamat,
including news and advertising. You
should consult a qualified professional before making any
decision or taking any action that might affect your personal,
business or financial well-being.
Disclaimer
of Warranties
You
expressly understand and agree that:
a. |
Your
use of the Website is at your sole risk. The Services
are provided on an "as is" and "as available" basis.
Filamat, its affiliates, subsidiaries, suppliers and
licensors, expressly disclaim any and all warranties
and conditions of any kind, whether express or implied,
including, without limitation, the implied warranties
or conditions of merchantability, fitness for a particular
purpose and non-infringement; |
b. |
Filamat,
its affiliates, subsidiaries, suppliers and licensors,
make no warranty that (i) the Services will be useful
or meet your requirements or expectations, (ii) the
Services will be available, uninterrupted, timely, secure,
error-free or free of computer viruses or other harmful
components, or (iii) the results that may be obtained
from the use of the Services will be complete, accurate
or reliable; |
c. |
Any
information or other content downloaded or otherwise
obtained through the use of the Website is done at your
own discretion and risk and that you will be solely
responsible for any damage to your computer system or
loss of data that results from the download of any such
information or other content; |
d. |
No
advice or information, whether oral or written, obtained
by you from Filamat or through or from the Website,
shall create any warranty not expressly stated in the
agreement; and |
e. |
Any
products ordered or obtained by you through the Website
will be governed solely by the General Terms and Conditions. |
Limitation
of Liability
You
expressly understand and agree that in no event shall Filamat,
its affiliates, subsidiaries, suppliers or licensors, be liable
for any damages whatsoever, including direct, indirect, incidental,
special, consequential or exemplary damages (including, without
limitation, damages for loss of profits, goodwill, use of
information, business interruption or other intangible losses,
loss of or damage to property and claims of third parties
(even if Filamat has been advised of the possibility of such
damages), whether based on breach of contract, breach of warranty,
tort (including negligence) or otherwise, arising out of or
in connection with: (i) the use or the inability to use the
Website or any Services; (ii) the cost of procurement of substitute
products and Services; (iii) unauthorized access to or alteration
of your information on the Website; (iv) statements or conduct
of any third party on the Website; or (v) any other matter
relating to the Website.
Indemnity
You
agree to indemnify and hold Filamat, its affiliates, subsidiaries,
suppliers and licensors and their respective directors, officers,
employees, representatives, agents and consultants, harmless
from any demand, claim, action, suit or proceeding, including
reasonable legal fees, brought by any third party due to,
or arising out of, content that you submit to the Website,
your use of the Website or Services, or your breach of these
Terms and Conditions.
Third
Party Links
This
site may contain links to third party websites. The inclusion
of any linked website does not imply approval, endorsement
or recommendation of the material on such websites or any
association with Filamat. Your use of any hypertext link is
entirely at your own risk. Filamat does not make, and expressly
disclaims, any warranty or condition, express or implied,
statutory or otherwise, as to third party websites that you
link to through the Website, including but not limited to,
any warranties or conditions of merchantability, fitness for
a particular purpose or non-infringement, or any warranty
that the Services will be available, uninterrupted or error
free.
Termination
You
agree that Filamat, in its sole discretion, may suspend or
terminate any and all current or future use of the Website
(or any portion thereof) by you for any reason, including,
without limitation, if Filamat believes that you have violated
or acted inconsistently with the letter or spirit of the Terms
and Conditions.
Filamat reserves the right to vary, suspend or terminate the
Services provided on the Website at any time at Filamat's
sole discretion and either with or without prior notice to
you. You agree that Filamat shall not be liable to you or
to any third party for any suspension or termination of the
Services.
Intellectual
Property Rights
All
images, graphical user interfaces, charts, graphs, text, streaming
videos and other content in this Website, the selection and
arrangement thereof, and all software are, to the extent permitted
by law, copyrighted and otherwise proprietary and are owned
by Filamat or its licensors. You acknowledge and agree that
the Website, the Services and any necessary software used
in connection with the Website and/or Services contain proprietary
and confidential information that is protected by applicable
intellectual property laws and that your use of the Website
and the Services and results there from is personal to you
for the purposes reasonably contemplated by these Terms and
Conditions and such use is non-assignable. Any other copying,
reproduction, modification, publishing, transmission, distribution
or other use of this content, without the prior written consent
of Filamat, is strictly prohibited.
Filamat's logo, product names, service names, and icons are
trademarks of Filamat and its subsidiaries. You agree not
to display or use in any manner the Filamat Marks without
Filamat's prior consent. The names and trademarks of companies
or products referenced in the Website may be trademarks of
their respective owners. The display of trademarks or tradenames
on this Website does not convey or create any license or other
rights in these marks or names. Any unauthorized use of the
Filamat Marks is strictly prohibited.
Contacting
the Website
Any
communications required to be made with Filamat in regards
to the Website, including in respect of any use or disclosure
of the information made available by you, and may be forwarded
to:
Director of Marketing and Communications
Filamat Composite Inc.
880 Rangeview Road
Mississauga ON L5E 1G9
Canada
Telephone: 416.960.9900
Email: info@filamat.com
Governing
Law
Filamat
is a company operating from Mississauga, Ontario, Canada.
The terms, conditions and notices of these Terms and Conditions,
and any matter applicable to your direct or indirect use of
the Website, shall be governed by the laws of the Province
of Ontario and the Federal laws applicable in the Province
of Ontario. You agree that any dispute may be settled in the
Courts of the Province of Ontario, though the foregoing shall
not limit the ability of Filamat from seeking injunctions
and remedies in other jurisdictions which are required to
stop continuing breaches of the Terms and Conditions by you.
Entire
Agreement, Severability and Waiver
This
Agreement constitutes the entire agreement between you and
Filamat and governs your use of the Website. If any provision
of the Agreement is found to be invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of the Agreement,
which shall remain in full force and effect. No waiver of
any of the terms or conditions of the Agreement shall be deemed
a further or continuing waiver of such term or condition or
any other term or condition. |
