TERMS OF USE

Please read these terms and conditions of use carefully before using this website.

By accessing and using the Waterax.com website, you are indicating your acceptance to be bound by the following terms and conditions (the “Terms and Conditions”). If you are dissatisfied with the terms, conditions, rules, policies, guidelines or practices of the Waterax.com website, your sole and exclusive remedy is to discontinue using the site.

WATERAX Inc. (the “Company”) may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the Waterax.com website. Your continued use of the Waterax.com website signifies your acceptance of any revised Terms and Conditions, so check back frequently to read the most recent version.

Ownership

The Waterax.com website, its design, all text, graphics, content, video, audio and the selection and arrangement of Waterax.com are the property of the Company, and/or its various subsidiaries, affiliates, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on Waterax.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of the Company or the applicable Third Parties.

WATERAX, Waterax.com, and all other related trademarks and design marks displayed on Waterax.com (collectively, the “Trademarks”) are registered and common law trademarks of the Company. Other trademarks and design marks appearing on this website are trademarks of their respective owners and are used under license. Nothing contained on Waterax.com should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of the Company or the other party that may own the applicable trademarks.

Copyright

All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this website is the exclusive property of the Company and protected by Canadian and international copyright laws. All software used on this website is the property of the Company or its software suppliers and protected by Canadian and international copyright laws.

Use of site

You may not use this website if you live in a jurisdiction where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of this website is lawful, and you must comply with all applicable laws.

Neither the Waterax.com website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of the Company, except that you may download, display and print the content presented on Waterax.com for your own private use only. Unauthorized use of Waterax.com and/or the content contained on Waterax.com may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this website. The use of that content on any other website or in any environment of networked computers is prohibited. You are not permitted to engage in any resale or commercial use of Waterax.com or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Waterax.com or its contents; any downloading or copying of account information from Waterax.com for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools on Waterax.com.

You are prohibited from transmitting to this website any content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to any other content.

In its sole discretion, in addition to any other rights or remedies available to the Company and without any liability whatsoever, the Company at any time and without notice may terminate or restrict your access to any component of Waterax.com.

Privacy

You have read the Company’s Privacy Policy, the terms of which appear on Waterax.com here privacy policy and are incorporated into these Terms and Conditions, and you agree that the terms of that policy are reasonable. You consent to the collection, use and disclosure of your personal information by the Company in accordance with the terms of and for the purposes set out in the Company’s Privacy Policy.

Feedback

The Company may enable visitors to Waterax.com to provide the Company with feedback by email or otherwise (“Customer Content”). If you provide Customer Content you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that Customer Content throughout the world in any media, now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence, and you waive any and all moral rights in the Customer Content. You also grant the Company the right to use the name you submit with the Customer Content, if any, in connection with the Company’s rights set out in this section.

Liability disclaimer – read the following carefully

Except as explicitly provided in these Terms and Conditions as amended from time to time, the Company and the Third Parties make no representations or warranties of any kind, express or implied, regarding Waterax.com and/or any content or services provided on Waterax.com, all of which are provided on an “as is” and “as available” basis. The Company and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of Waterax.com, or any of the content or data found on Waterax.com, and expressly disclaim all warranties and conditions in respect of Waterax.com, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

The Company and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

The Company and the Third Parties assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on Waterax.com or your downloading of any materials, data, text, images, video or audio from Waterax.com.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ANY OF THE THIRD PARTIES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING NEGLIGENCE) OR ANY ECONOMIC LOSS, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF WATERAX.COM OR ITS CONTENT, THE OPERATION OF THIS WEBSITE OR ANY FAILURE OR DELAY IN THE OPERATION OF THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO THE INABILITY TO USE ANY COMPONENT OF WATERAX.COM FOR PURCHASES), OR ANY OF SERVICES OFFERED ON WATERAX.COM, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.

Indemnification

You will indemnify and save harmless the Company and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of Waterax.com.

Links/software

The Waterax.com website contains links to websites owned or operated by other entities which are not associated or affiliated with the Company or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by the Company or the Third Parties of the linked website or information contained in the linked website, or of their security or privacy practices. The Company and the Third Parties will not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other websites or the contents on those websites. If you decide to access other websites, you do so at your own risk. Framing of the Waterax.com website or any of its content in any form and by any method is strictly prohibited.

Linking to any other website is at your sole risk and the Company will not be responsible or liable for any damages in connection with such linking. In addition, the Company does not endorse or approve of any websites linked from or to Waterax.com, except for other websites operated by the Company.

You may not gather, extract, reproduce and/or display on any other non-Company website or other online service, any material on or from Waterax.com, whether or not by the use of spiders or other ‘screen scraping’ software or system used to extract data without the express consent of the Company.

Survival

The provisions above that follow the heading “Liability Disclaimer” will survive the termination of your access to Waterax.com.

Governing laws, jurisdiction

You consent and submit to the exclusive jurisdiction of the courts located in the Province of Quebec, Canada, in all disputes arising out of or relating to the use of Waterax.com. This agreement and its performance will be governed by the laws of the Province of Quebec, Canada, and the federal laws of Canada applicable in that Province.

Additional terms

Additional terms and conditions may also apply to specific website functions available on Waterax.com.

Severability

These Terms and Conditions will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.

Headings

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

Entire agreement

These Terms and Conditions, together with those incorporated or referred to in these Terms and Conditions, constitute the entire agreement between us pertaining to the subject matter of these Terms and Conditions, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter, and may not be amended or modified except by the Company as set out above. There are no representations, warranties or other agreements between us in connection with the subject matter of these Terms and Conditions, except as specifically set out in these Terms and Conditions. No party has been induced to enter into these Term and Conditions in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms and Conditions.

Electronic communications

When you visit Waterax.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Business name and business ownership

The legal business name of the Company is Waterax Inc. Please direct enquiries to the Company’s registered business address at 6635 Henri-Bourassa West, Montreal, QC, Canada, H4R 1E1, or by telephone at (514) 637-1818 or e-mail at [email protected].

English language

The parties have requested that these Terms and Conditions and all documents contemplated by these Terms and Conditions be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.