OWNERSHIP / RESTRICTIONS ON USE
The Website is owned and operated by Stelumar Advanced Manufacturing Inc. (“SAMI”) and its affiliates. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the "look and feel" of the Website (collectively, the "Content") contained in this Website are proprietary to SAMI, its affiliates and/or third-party licensors. Any and all goodwill attaching to any Content accrues to the benefit of SAMI. The Content is protected by Canadian, United States and international copyright and trademark laws, and all other applicable intellectual property laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, reverse engineer, create derivative works from, transfer or sell any Content without the express prior written consent of SAMI. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided that you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale, any commercial use, or distribution is strictly prohibited except with the prior written permission of SAMI. To obtain written consent for such reproduction, please contact us at privacy@mattamycorp.com.
MATERIALS YOU SUBMIT
You hereby acknowledge that you are responsible for any material you may submit via the Website (such as through a discussion board or other public forum), including the legality, reliability, appropriateness, originality and copyright of any such material. Without limiting the foregoing, you may not upload to, distribute or otherwise publish through the Website any content that: (i) is confidential, proprietary, false (or places a person in a false light), fraudulent, libelous, defamatory, obscene, harassing, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, obscene or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law; or (iii) may contain malware, software viruses, political campaigning, chain letters, mass mailings, or any form of "spam" or commercial electronic communications. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website, harvest or otherwise collect, store or use any information (including email addresses) about other users of the Website, or alter transmission data.
With regard to any and all material that you submit on the Website, and unless we indicate otherwise, you hereby grant SAMI and/or its relevant contract party, as appropriate, an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that SAMI and/or its relevant contracting party, as appropriate, is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to us. You hereby grant us, and hereby confirm that you have the right to grant us, the right to use the name you submit in connection with such material, and you hereby waive any and all moral rights that you may have in and to such material with respect to the uses contemplated herein. You hereby represent and warrant that you own or otherwise control all the rights to the content you post, that the content is accurate, that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity, and that you will indemnify us and our affiliates for all claims and losses resulting from content you supply.
Any other information you submit on or through the website will be treated as non-confidential and non-proprietary. This includes all information you submit directly or indirectly.
Any other information you submit on or through the website will be treated as non-confidential and non-proprietary. This includes all information you submit directly or indirectly.
REGISTRATION AND PASSWORDS
We maintain safeguards intended to protect the integrity and security of the Site. However, we cannot guarantee that the website will be secure, complete or correct, or that access to the website will remain uninterrupted.
To access certain portions of the Website, including your account, you may be asked to complete an online registration form. In consideration of your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
Upon registration, you may be asked to choose a username and password. You are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You shall immediately notify SAMI of any unauthorized use of your password or username or any other breach of security.
LINKING
It is our goal to provide increased value to visitors to the Website. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from SAMI and that SAMI has no control over the content of such websites. We are not responsible for the availability, accuracy, or security of such websites. Consequently, SAMI cannot be held liable for, and makes no warranty or representation whatsoever as to, the accuracy, timeliness and/or completeness of the information contained on such websites. You hereby confirm that you will not take, or cause any third party to take, any action against SAMI, or any of its affiliates regarding any losses (actual or potential) that you may suffer as a result of accessing any such other sites through the Website.
The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
DISCLAIMER / LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur, and we cannot guarantee it is accurate and complete at all times.
ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SAMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SAMI DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL MATTAMY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ANY CONTENT OR SERVICES, EVEN IF MATTAMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT.
Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur, and we cannot guarantee it is accurate and complete at all times.
ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SAMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SAMI DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL MATTAMY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ANY CONTENT OR SERVICES, EVEN IF MATTAMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT.
INDEMNITY
As a condition of your use of the Website, you hereby warrant to SAMI that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
You agree to indemnify and hold harmless SAMI, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you shall be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable legal fees and court costs, arising or resulting from that disruption. SAMI reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with SAMI in the defense of such matter.
You agree to indemnify and hold harmless SAMI, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you shall be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable legal fees and court costs, arising or resulting from that disruption. SAMI reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with SAMI in the defense of such matter.
CHANGES AND TERMINATION
SAMI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, SAMI reserves the right to change these Terms of Use at any time, to notify you by posting a notification on the Website advising that an update to the Terms of Use has been made, and to make the updated Terms of Use readily accessible on the Website. You are responsible for regularly reviewing the Terms of Use. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from SAMI to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.
TRADEMARKS
“Stelumar” and "SAMI" are trademarks of the Mattamy Group of Companies. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of SAMI, Mattamy or its affiliates. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
APPLICABLE LAWS
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario.
If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and SAMI with respect to the use of the Website, including the Content.
If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and SAMI with respect to the use of the Website, including the Content.
WAIVER OF RIGHTS AND REMEDIES
Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms of Use. Our rights, powers and remedies in these Terms of Use, including without limitation the right to suspend, restrict or terminate your access to any portion of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
ASSIGNMENT AND ENUREMENT
We may at any time assign our rights and obligations under these Terms of Use, in whole or in part, without notice to you. You may not assign these Terms of Use without our prior, written consent. These Terms of Use will enure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
RELATIONSHIP
No joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms of Use or your use of the Website.
LANGUAGE
The parties have requested and agree that this agreement and all documents relating thereto 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.
NOTICE
Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.
CONTACT
If you have any questions or comments regarding these Terms of Use please contact us at privacy@mattamycorp.com.