TERMS AND CONDITIONS OF USE
Use of the Service
This Agreement is applicable to armstrongfluidtechnology.com (the "site") and other online services provided by Armstrong in conjunction with the site, including but not limited to “ADEPT Select”, “Online Order Tracking” and “Partners” (collectively referred to, together with the site, as the "Service"). All products and services of Armstrong and its affiliates are subject to the terms of any agreement by which they are normally made commercially available including, without limitation, the terms of sale and warranty available under the link “terms and conditions of sale” (the “Purchase Agreement” In the event of a conflict between any purchase agreement and this agreement, the Purchase Agreement governs). Information in this Service does not constitute an offer to sell products or services of Armstrong. Information from the Service regarding services and products of Armstrong is intended for use only in jurisdictions where, and by such parties to whom such services or products may lawfully be offered for use and/or for sale and neither use or sale is intended where prohibited by law.
Account, password, and security
The servers hosting the Service are protected by sophisticated firewall hardware and software, and are physically located in secured facilities. You may be issued a user name and password (collectively, your “account”) in order to access certain portions of the Service and/or certain products and services available through the Service. You are responsible for maintaining the confidentiality of your account, and for all activities that occur through the use of your account. You agree to:
a) Immediately notify Armstrong of any unauthorized use of your account or any other breach of security; and
b) Ensure that you exit from your account at the end of each session. Armstrong will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time in Armstrong’s sole discretion.
You acknowledge that your use of the Service is subject to all applicable municipal, provincial, state, federal, international, and other applicable laws and regulations. You hereby agree:
To comply with applicable laws regarding the transmission of technical and personal data exported from Canada, or from the state in which the applicable member of the Group is situate, through the Service;
Not to use the Service for illegal purposes;
Not to interfere or disrupt networks connected to the Service; and
To comply with all regulations, policies and procedures of networks with respect to the Service.
You agree not to violate the intellectual property rights of Armstrong or any third party, including but not limited to copyright, trade-mark, or other proprietary rights.
You shall not interfere with any third party’s use and enjoyment of the Service.
You acknowledge that Armstrong may, at its sole discretion, immediately terminate your access to the Service in the event that your conduct fails to conform with the terms and conditions set out in this Agreement.
Any attempt to deliberately damage the Service or any related website may be a violation of criminal and/or civil laws. Should such an attempt be made, Armstrong reserves the right to seek remedies and damages to the fullest extent permitted by law, including but not limited to criminal prosecution.
Access by third parties
You acknowledge and agree that during the course of providing the Service, Armstrong may be required to grant access to a third party and/or decrypt files in response to any lawful subpoena or other form of legal compulsion. You hereby consent to such legal production and waive any claim arising out of such legal production.
Disclaimer of warranties
The Service, including without limitation, the information contained in or provided by the Service, is provided "as is" with all faults. Armstrong believes the work to be correct, and it makes no warranty, expressed or implied as to the security, correctness or completeness of the Service. Armstrong specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice. Changes may be made at any time to the Service and/or the information contained therein without prior notice. Armstrong expressly disclaims any liability for losses or damages, whether direct or indirect incurred by any user of this Service. By accessing the Service, each user shall release Armstrong and all related companies and their respective directors, officers, employees and agents from all claims and proceedings for such losses, damages or consequences. Armstrong does not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, that the Service is compatible with any software, system, or other services, or that the Service, including without limitation the equipment that makes it available will be free of viruses or other harmful components. Armstrong does not warrant the accuracy, completeness or correctness, timeliness, or usefulness of any services, including without limitation, the Service or other information provided through the Service or the internet generally. In no event will Armstrong be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Service.
Without limiting the generality of the foregoing, Armstrong shall have no responsibility or liability to you in connection with third party websites accessible by links posted on the Service (each, a “linked site” and collectively, the “linked sites”). Access to any linked site is at your own risk and Armstrong is not responsible for the availability, accuracy or reliability of the contents of any linked site or any link posted on a linked site. Armstrong provides links to you only as a convenience, and the inclusion of a link does not imply endorsement by Armstrong of the linked site or any products, services, materials or statements contained or referred to thereon.
Limitation of liability
You agree that Armstrong and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees shall not be liable to you for any damages of any kind arising from your use of the site, the Service, or any linked sites or your reliance on any content. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including but not limited to direct, indirect, special, incidental, consequential or punitive damages.
You agree to indemnify, defend and hold harmless Armstrong and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees, from any damages, losses, costs and expenses (including legal fees), incurred in connection with any third party claim or demand alleging or based upon your breach of this Agreement or your violation of any law or the rights of such third party. Armstrong reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Armstrong.
Modifications to this Agreement
Armstrong may revise and update these terms and conditions at any time and without notice. You should review the terms and conditions posted on the site periodically.
Modifications to the Service
Armstrong reserves the right, in its sole discretion, to modify, alter, update and/or discontinue the Service or any portion thereof, at any time, for any reason, and without notice. Armstrong shall not be liable to you or any third party should it exercise its right to modify, alter, update and/or discontinue the Service or any portion thereof.
Armstrong may broadcast notices or messages through the Service to inform you of changes to the Service, or other matters of importance. Such broadcasts shall constitute notice to you.
Save as otherwise provided, this Agreement and your use of the Service shall be governed and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, excluding the application of any rule or principal of conflict of law that might otherwise refer construction, interpretation, or the resolution of any dispute to the laws of another jurisdiction.
Any dispute arising under this Agreement shall be resolved exclusively by the courts located in Toronto in the province of Ontario. You agree not to bring any legal action against Armstrong in any jurisdiction except the province of Ontario and you shall submit and consent to such jurisdiction. If any provision of this Agreement shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between you and Armstrong in connection with your use of the Service. Your use of the Service is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Armstrong other than that of independent contractors.
The Service is not a secure medium for electronic communications. Any confidential, proprietary or sensitive information transmitted by a user by means of the Service may be read and/or copied by unauthorized persons.
In fulfilling our principles, Armstrong Fluid Technology supports the goals of the Accessibility for Ontarians with Disabilities Act (AODA) and is committed to ensuring equal treatment to persons with disabilities and access to goods and services across our facilities. Armstrong Fluid Technology is committed to providing Armstrong’s products and services in a manner that respects the dignity and independence of persons with disabilities. Armstrong Accessibility for Ontarians with Disabilities Policy is available, upon request.
Ownership of protected material and copyright notice
Except for public domain material, all content and material on and/or forming part of the Service from time to time, including all text, information, links, icons, graphics, designs, audio, video, animation, logos, slogans, trade-marks, service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “protected material”), are protected by copyright, trademark and other laws, and are owned or controlled by Armstrong or its licensors, unless otherwise indicated. The protected material may only be used for the limited purposes reasonably necessary for use of the Service, and may not be copied, produced, reproduced, published, broadcast, communicated by telecommunication, exhibited, distributed, transmitted, retransmitted, adapted or otherwise used or re-used, in whole or in part, without the express written consent of its owner.
Copyright © 2018 S. A. Armstrong Limited. All rights reserved.