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ALLSWATER
MARINE
The Allswater
Internet and Web Site User
Agreement and Disclaimers
Please
read the following terms and conditions
carefully before using this Web site, any of
our other Web sites or electronic communication.
By accessing or using it, you agree to the
following terms and conditions. You should
review these terms and conditions regularly as
they may change at any time and at our sole
discretion. If you do not agree to any term or
condition, you should not access or otherwise
use our sites or electronic information. The
following terms and conditions apply to all of
our Web sites and electronic information,
including any Web sites owned, operated or
sponsored by any of our subsidiaries or
affiliates. "Content" refers to any materials,
documents, images, graphics, logos, design,
audio, video and any other information provided
from or on our Web sites.
1. We Provide Our Web
Site For Your Convenience Only
Our Web site is
provided to you without charge as a convenience
and for your information only. By merely
providing access to our Web site content, we do
not warrant or represent that:
- the content is
accurate or complete;
- the content is
up-to-date or current;
- we have a duty to
update any content;
- the content is free
from technical inaccuracies or typographical
errors;
- the content is free
from changes caused by third party; and
- your access to our
Web site will be free from interruptions,
errors, computer viruses or other harmful
components.
We do not assume any
liability for these matters. In other words, you
use our Web site at your own risk. Under no
circumstances, including, but not limited to,
negligence, shall we be liable for any direct or
indirect, special, incidental or consequential
damages. This includes loss of data or profit
arising out of the use or the inability to use
the content of this Web site, even if one of our
representatives has been advised of the
possibility of your damages. If your use of our
Web site results in your need to service, repair
or correct equipment or data, you assume the
costs to the extent the law allows. Some
jurisdictions do not allow the exclusion or
limitation of liability for consequential or
incidental damages. In such jurisdictions, our
liability is limited to the greatest extent
permitted by law.
2. We Provide Our Web
Site "As Is" and Disclaim All Warranties
Our Web site content is
provided "as is" and without warranties of any
kind, either expressed or implied. We disclaim
all warranties, expressed or implied, including,
but not limited to, implied warranties and
merchantability, and fitness for a particular
purpose. Hydra provides technical information as
a service to its visitors and is not responsible
for, and expressly disclaims all liability for,
damages of any kind arising out of use,
reference to, or reliance on any technical
information contained within the site. While the
information contained within the site is
periodically updated, no guarantee is given that
the information provided in this Web site is
correct, complete, and up-to-date.
3. We Do Not Have
Responsibility for Links to Third Party Content
We may provide
hyperlinks or pointers to other Web sites
maintained by third parties or may provide third
party content on our Web site by framing or
other methods. The links to third party Web
sites are provided for your convenience and
information only. The content in any linked Web
sites is not under our control, and as such, we
are not responsible for the content, including
any further links in a third party site. If you
decide to access any of the third party sites
linked to our Web site, you do this entirely at
your own risk. It is up to you to take the
necessary precautions to ensure that the third
party you link to for your use is free of
computer viruses, worms, trojan horses and other
items of a destructive nature.
4. If We Provide a
Link, We Do Not Necessarily Endorse A Third
Party
We reserve the right to
terminate a link to a third party Web site at
any time. The fact that we provide a link to a
third party Web site does not mean that we
endorse, authorize or sponsor that Web site. It
also does not mean that we are affiliated with
the third party Web site's owners or sponsors.
5. If a Third Party
Links to Our Web Site, It is Not An Endorsement
If a third party links
to our Web site, it is not necessarily an
indication of an endorsement, authorization,
sponsorship, affiliation, joint venture or
partnership by or with us. In most cases, we are
not aware that a third party has linked to our
Web site.
A Web site that links
to our Web site:
- May link to, but not
replicate, our content;
- Should not create a
browser, border environment or frame our
content;
- Should not imply
that we are endorsing it or its products;
- Should not
misrepresent its relationship with us;
- Should not present
false information about our products or
services; and
- Should not contain
content that could be construed as
distasteful, offensive or controversial, and
should contain only content that is
appropriate for all age groups.
6. If You Transmit or
Provide Data to Us, It is Non-Confidential
We do not want to
receive confidential or proprietary information
from you through our Web site. If you transmit
to or post on our Web site any material, data,
information or idea by any means, it will be
treated as non-confidential and non-proprietary
and may be disseminated or used by us for any
purpose. Personal data provided to us will be
handled in accordance with our policies
regarding privacy.
You are not authorized
to post on or transmit to or from our Web site
any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic,
or profane material, or any other content that
could give rise to any civil or criminal
liability under the law.
7. Your Use of Our Web
Site is Restricted
Our Web site and its
content are owned and operated by us. Our Web
site's content is copyrighted and protected by
Canadian and worldwide copyright laws and treaty
provisions. In addition, our Web site content is
protected by trademark laws, the laws of privacy
and publicity and communications regulations and
statutes.
No content from
www.allswater.com or any other Web site owned,
operated, licensed or controlled by us may be
copied, reproduced, republished, modified,
uploaded, posted, transmitted, or distributed in
any way. You also may not, without our
permission, "mirror" any material contained on
our Web site on any other server. The sole
exceptions to these restrictions are:
- you obtain written
permission from us to waive these
restrictions; or
- you may download one
copy of the content on a single computer for
informational, non-commercial and personal use
only, provided you keep intact all copyright
and other proprietary notices and do not
modify, and will not copy or post, the content
on any network computer or broadcast in any
media.
Violation of these
restrictions will be a violation of one or more
laws and is expressly prohibited by law. If you
violate these restrictions, you may be subject
to civil and criminal penalties. If we grant you
permission to waive these restrictions, the
permission terminates automatically if you
breach any of these terms or conditions. Upon
termination, you must immediately destroy any
downloaded materials and printed materials.
8. By Providing
Content, We Do Not Allow You to Use Our
Trademarks
The trademarks, service
marks, and logos used and displayed on our Web
site are our registered and unregistered
trademarks. Nothing on this Web site should be
construed as granting, by implication, estoppels,
or otherwise, any license or right to use any
trademark, without our written permission. We
aggressively enforce our intellectual property
rights. The name of Allswater or our logos may
not be used in any way, including in advertising
or publicity pertaining to distribution of
materials on our Web site, without prior written
permission. You are not authorized to use our
logo as a hyperlink to our Web site unless you
obtain our written permission in advance.
9. You Must Obey Local
Laws in Accessing Our Web Site
This site is controlled
by us from our offices within Canada. We make no
representation that content or materials in the
site are appropriate or available for use in
other jurisdictions. Access to our Web site
content or materials from jurisdictions where
such access is illegal or prohibited: If you
choose to access this site from other
jurisdictions, you do so on your own initiative
and are responsible for compliance with
applicable local laws. We are not responsible
for any law violations. You may not use or
export the materials in this site in violation
of Canadian export laws and regulations. Any
claims relating to our Web site and its content
and materials shall be governed by the laws of
Canada without giving effect to any principles
of conflicts of laws. You agree that any legal
action or proceeding between us for any purpose
concerning this Agreement or the parties'
obligations shall be brought exclusively in a
court of law.
10. You are Bound by
Changes in this Agreement's Terms and Conditions
We may at any time
revise these terms and conditions by updating
this posting. By using our Web site, you agree
to be bound by any such revisions and should
therefore periodically visit this page to
determine the then current Allswater Web Site
User Agreement and Disclaimers to which you are
bound. Certain provisions of these terms and
conditions may be superseded by other legal
notices or terms located on parts of our Web
site.
11. You Agree to
Indemnify Us for Using Our Web Site
You agree to indemnify,
defend and hold harmless Allswater Marine, its
owners, employees, agents, licensors,
suppliers and any third party information
providers to us from and against all losses,
expenses, damages and costs, including
reasonable attorneys' fees, resulting from any
violation of this Agreement by you.
12. Third Parties May
Have Rights Under This Agreement
Some of the provisions
of this Agreement are for Allswater Marine and
its owners, employees, agents, licensors, and
suppliers. Each of these individuals or entities
shall have the right to assert and enforce those
provisions directly against you on its own
behalf.
13. How This Agreement
May Be Terminated
This Agreement may be
terminated by either party without notice at any
time for any reason; provided that you may no
longer use our Web site after you have
terminated this Agreement. Provisions 2, 6, 7,
8, 12, 14, and 15 of this Agreement shall
survive any termination of this Agreement.
14. Email
All e-mails, their
attachments and any rights attaching hereto are,
unless the context clearly indicates otherwise,
the property of Allswater. They are confidential,
private and intended for the addressee only.
Should you receive an
email and you are not the addressee and received
the e-mail by mistake, kindly notify the sender,
and delete the e-mail, immediately and do not
disclose or use same in any manner whatsoever.
Views and opinions expressed in e-mails are
those of the sender unless clearly stated as
those of the company. Allswater Marine accepts no liability
what so ever for any loss or damages what so ever
and how ever incurred, or suffered, resulting,
or arising, from the use of any email or its
attachments.
The company does not
warrant the integrity of emails nor that they
are free of errors, viruses, interception or
interference.
15. Miscellaneous
Our failure to insist
upon or enforce strict performance of any
provision of this Agreement shall not be
construed as a waiver of any provision or right.
Neither the course of conduct between the
parties nor trade practice shall act to modify
any provision of this Agreement. We may assign
our rights and duties under this Agreement to
any party at any time without notice to you.
Copyright ©
Allswater Marine
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