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Terms of Use

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WAJAX WEB SITE. BY USING THIS SITE YOU INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE.

Permitted Uses

Wajax Limited (“Wajax”) and its licensors own the intellectual property rights in the underlying HTML, and all text, images, audio clips, video clips, software and other content (collectively, the “Content“) that is made available to you on this Site. Except as provided in these Terms, Wajax prohibits the distribution, broadcast, posting or copying of any Content on this Site without its express written permission.

Wajax hereby authorizes you to display on your computer, download and print pages of this Site, subject to the following provisions: (i) any copyright notices must appear on all such printouts; (ii) the Content will not be altered in any manner; and (iii) the Content is only to be used solely in a commercially reasonable manner for your legitimate internal business purposes and will not be distributed, broadcast, posted or copied in any manner.

You are prohibited from posting or transmitting to or from this Site any threatening, libellous, defamatory, inaccurate, obscene or pornographic material or material that would violate any applicable law.

Trademarks

The trademarks (including logos) displayed on this Site, including, but not limited to “Wajax” are registered and unregistered trademarks of Wajax and others, and are protected by trademark laws, copyright and other intellectual property rights.  Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark displayed on this Site without the express written permission of Wajax or such third party that may own the trademark displayed on this Site. Your misuse of the trademarks displayed on this Site, or any other Content on this Site, is strictly prohibited.

Privacy

Wajax is committed to privacy and the protection of personal information.  Please read our Privacy Policy in this regard.

External links

Wajax may provide links to third party websites, and some of the Content may in fact be supplied by third parties.  Wajax assumes no liability for any damages you may suffer from visiting such linked websites, including without limitation, damages caused by computer viruses, Trojan horses or other destructive/disruptive code which may be downloaded or transferred from such linked websites.

Any links contained on this Site shall not be construed as an endorsement by Wajax of any such linked website. Wajax has not reviewed or researched the full content on these linked websites and shall not be held responsible should you encounter any materials that may appear inaccurate, indecent or illegal.  If you visit such a website that is linked to this Site and feel that the website is inappropriate, please contact info@wajax.com and we will determine if the link should be removed from this Site.

You may not provide a link to this Site without our express written permission. If you would like to provide a link to this Site, please contact info@wajax.com.

Full Disclaimers Regarding Content

THIS SITE AND THE CONTENT ON THIS SITE ARE PROVIDED STRICTLY “AS IS”/”AS AVAILABLE” WITHOUT ANY CONDITIONS OR WARRANTIES OF ANY KIND INCLUDING CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

You agree to indemnify and hold harmless Wajax and our directors, officers, employees, service providers, suppliers, vendors, affiliates, and agents from and against any and all losses, liabilities, claims, suits, damages and expenses (including legal fees and expenses) directly or indirectly arising from or related to any use of the Content or the Site by you or that occurs because of you.

The Content is provided free of charge and is for informational purposes only.  The Content should not be relied upon or used as the basis for any decision.

Certain Content may have been provided to Wajax by third parties. All users of this Site must in any event carry out their own due diligence in respect of all Content.  Please contact Wajax directly for current information regarding the Content before relying upon the Content.

Although Wajax uses efforts to maintain the accuracy and currency of the Content, Wajax makes no warranties or conditions as to its accuracy or currency. This Content may contain typographical errors and other inaccuracies (including without limitation errors regarding product designs, product performance, product descriptions, product photos or other depictions, and product specifications). Wajax assumes no liability or responsibility for any errors or omissions in the Content.

Although Wajax uses reasonable efforts to ensure that any software provided at this Site is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system.

Wajax may update and/or modify the Content at any time and without notice and may without notice terminate the Site or a person’s access to the Site, in its sole discretion.

The goods or services described on this Site may not be available in all areas or at all.  Wajax may change the goods or services described on this Site at any time.

Should you choose to respond directly to Wajax with comments, questions, suggestions, ideas or the like relating to this Site, the Content or Wajax’s products or services, you agree that such information shall be considered as non-confidential and Wajax shall have no obligation to respond and shall be free to reproduce, use, modify, disclose and distribute the information to others including without limitation, developing, manufacturing, and marketing products or goods or services incorporating such information.

Exclusions and limitations of liability

IN NO EVENT WILL WAJAX OR ITS AFFILIATES OR ASSOCIATES BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES, DAMAGES OR LOSSES RESULTING FROM LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE OR REVENUE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE OR ANY SITES LINKED TO THIS SITE, OR THE CONTENT CONTAINED ON THIS SITE OR ANY SUCH LINKED SITES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR FOR ANY CLAIM BY ANOTHER PARTY. IF YOUR USE OF THE CONTENT ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REMEDIATION, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS AND CONSEQUENCES THEREOF.

IF, NOTWITHSTANDING THE FOREGOING PARAGRAPH, WAJAX OR ITS AFFILIATES OR ASSOCIATES SHOULD BE FOUND LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE OR ANY SITES LINKED TO THIS SITE, OR THE CONTENT CONTAINED ON THIS SITE OR ANY SUCH LINKED SITES, THE AGGREGATE LIABILITY OF WAJAX AND SUCH PERSONS (REGARDLESS OF THE NUMBER OF CLAIMS) SHALL IN NO EVENT EXCEED CDN.$250.00.

General

If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed Content.

Wajax will aggressively enforce its intellectual property and other rights to the fullest extent of the law.

If any provision of these Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is lawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions.

These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the Province of Ontario by the courts of the Province of Ontario.  You agree that you will not file a class action or participate in a class action.

These Terms constitute the entire agreement between you and Wajax regarding use of the Site.

Wajax reserves the right, at any time, to amend these Terms, and you agree to be bound by such amendments.  Such amendments shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on this Site or by electronic mail.  Upon using this Site, you agree to review the Terms posted on this Site and acknowledge that you are aware of such amendments.  Your use of this Site following any such amendment constitutes your agreement to follow and be bound by the Terms as amended.

These Terms enure to the benefit of Wajax and its affiliated and related entities, and its and their respective successors and assigns.

The parties hereby confirm their express agreement that this Agreement and all documents directly or indirectly related thereto be drawn up in English.  LES PARTIES RECONNAISSENT LEUR VOLONTE EXPRESSE QUE LA PRESENTE CONVENTION AINSI QUE TOUS LES DOCUMENTS QUI S’Y RATTACHENT DIRECTEMENT OU INDIRECTEMENT SOIENT REDIGES EN LANGUE ANGLAISE.