RISMAT Website Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. The following terms and conditions govern your use of the websites operated by Rismat (FloorGuard) Matting Systems Inc. (the “Rismat Websites”), including the www.rismatfloorguard.ca, and www.floorguard.net, websites. Rismat Websites are owned by Rismat (FloorGuard) Matting Systems Inc. (“RISMAT“).
RISMAT reserves the right to change these Terms and Conditions of Use at any time without prior notice by posting changed Terms and Conditions of Use on Rismat Websites, and you are advised to review Rismat Websites regularly for any changes. These Terms and Conditions of Use were last updated on September 14, 2018. In any event, you agree that by accessing and using a RISMAT Website you are bound by these terms and conditions as may be changed from time to time.
If you choose to register with RISMAT for the subscription to our Newsletter, you agree to: (i) provide online true, current and complete information about yourself; and (ii) maintain and promptly update on-line information about yourself to keep it true, current and complete.
COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY
The materials (the “Materials”) contained in Rismat Websites including, without limitation, information, text, content, videos, music, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favour of, RISMAT and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part without the express prior written consent of RISMAT.
Certain names, words, phrases, logos, icons, graphics, marks and designs that appear on Rismat Websites (including “RISMAT” and related words and logos) are official marks, trade-marks or trade-names of RISMAT in Canada. Nothing in this Agreement or on a RISMAT Website shall be construed as granting or as conferring, either expressly, by implication, by estoppel or otherwise, a license or other right to you to use any of the marks or names or any other intellectual property right of RISMAT. The names of other companies, products and services referred to on a RISMAT Website may be trade-marks or trade-names of their respective owners. Any use of the trade-marks or trade-names of RISMAT or of third parties without the prior written consent of the applicable party is strictly prohibited.
COMPLIANCE WITH LAWS
In addition to complying with these Terms and Conditions of Use, you agree to use Rismat Websites and Materials for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of a RISMAT Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing a Rismat Website illegal, are not authorized to use the Rismat Website.
USE AND RESTRICTIONS
You are only permitted to use a RISMAT Website for your own personal, non-commercial purpose. Materials may only be printed, copied or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from a RISMAT Website for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any Materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not:
- take any action that imposes or may impose (to be determined in RISMAT’s sole discretion) an unreasonable or disproportionately large load on RISMAT’s infrastructure;
- interfere or attempt to interfere with the proper working of a RISMAT Website, or any activities conducted on or with a RISMAT Website;
- bypass any measures Rismat may use to prevent or restrict access to RISMAT Websites.
ACCURACY OF INFORMATION
While every effort is made to ensure the accuracy of the information on RISMAT Websites, no warranty of accuracy or completeness is expressed or implied. We reserve the right to correct errors and to change or update information at any time without notice.
Any link, (including hyperlinks, buttons or referral devices of any kind) used on a RISMAT Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on a RISMAT Website does not constitute an endorsement, recommendation or certification by RISMAT, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with RISMAT.
RISMAT generally does not object to links to Rismat Websites from third party sites. However, there are certain conditions that must be followed: Unless RISMAT enters into a specific written agreement with you, you may not use any of RISMAT’s names, logos, designs, slogans, or marks in or with your links, except that you may link to a RISMAT Website using the plain text names: RISMAT, or RISMATFLOORGUARD.
Do not present the link to a RISMAT Website in any way that suggests RISMAT has any relationship or affiliation with your site or in any way that suggests RISMAT endorses, sponsors or recommends the information, products or services on your site. Use of any of RISMAT’s content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner without RISMAT’s written permission for a particular use is strictly prohibited.
Use of any of the RISMAT’s names, logos, designs, slogans, or marks, or any other words or codes identifying a RISMAT Website in any “metatag” or other information used by search engines or other information location tools to identify and select sites, without RISMAT’s written permission for a particular use, is strictly prohibited.
RISMAT is not responsible for any loss, damage, liability or expense that may accompany or result from your use of the link or domain name for a RISMAT Website including, but not limited to, any computer virus, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions.
RISMAT reserves the right in its sole discretion to order you to delete or modify your link to a RISMAT Website for any reason.
The link to a RISMAT Website may not be used or associated with any pornographic (including any depictions of nudity), unlawful, defamatory or other materials that would adversely affect RISMAT’s name, reputation or goodwill.
The linking of your web site to a RISMAT Website indicates your agreement to the foregoing terms and conditions.
You agree to indemnify, defend and hold RISMAT harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively “Claims”) arising out of:
- your infringement of any RISMAT or third party official mark, trade-mark, trade secret, copyright, patent or other intellectual property rights and from any Claims which may arise, now or in the future as a result of your use of a RISMAT Website;
- any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, a RISMAT Website; (ii) use of a RISMAT Website for any illegal purpose; or (iii) use of a RISMAT Website to achieve any unauthorized or prohibited access to computer systems and data;
- your use of a RISMAT Website; and
YOU UNDERSTAND AND AGREE THAT:
- USE OF A RISMAT WEBSITE IS AT YOUR SOLE RISK. RISMAT WEBSITES ARE PROVIDED STRICTLY ON AN “AS IS”, “AS AVAILABLE” BASIS. RISMAT DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT RISMAT WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES RISMAT MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF A RISMAT WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON A RISMAT WEBSITE. RISMAT WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.
- THE DOWNLOADING OF MATERIALS FROM A RISMAT WEBSITE IS DONE AT YOUR OWN RISK. RISMAT DOES NOT AT ANY TIME REPRESENT, COVENANT, GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF A RISMAT WEBSITE.
IN NO EVENT SHALL RISMAT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF A RISMAT WEBSITE, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM A RISMAT WEBSITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH A RISMAT WEBSITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF RISMAT ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH GOODS. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.