TERMS OF USE
- Acceptance of Terms
- By using or visiting the AME Equipment Inc.(“AME”) Website available at ameequipment.ca (the "Website"), you signify your agreement to these terms and conditions (the "Terms of Use"). If you do not agree to any of these terms, please do not use the Website.
- Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version http://www.ameequipment.ca/content/Terms). AME may, in its sole discretion, modify or revise these Terms of Use at any time, and you agree to be bound by such modifications or revisions by continuing to use or visit the Site. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
- AME Website
- These Terms of Use apply to all users of the Website.
- The Website may contain links to third party websites that are not owned or controlled by AME. AME has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
- Non-Commercial Use of Website
- You may use this site for personal, non-commercial use only. As a condition of your use of Website, you warrant to AME that you will not (and will not authorize any party to) sell or modify any applications, software, data, source code, or other materials owned or licensed by AME (“AME’s Materials”), or reproduce, display, distribute, or otherwise use any of AME’s Materials in any way for any public or commercial purpose without AME’s written permission.
- You agree to cooperate with AME in causing any unauthorized use of the Website immediately to cease. In addition, you may not use the Website in any manner which could disable, overburden, damage, or impair the Website or interfere with any other party's use and enjoyment of the Website.
- DISCLAIMER
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. AME DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. AME DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AME DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AME MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. AME MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
YOU AGREE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.
- LIMITATION OF LIABILITY
AME, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, THAT ARISES FROM WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF AME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT AME SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- Indemnity
- You agree to defend, indemnify and hold harmless AME, its employees, agents, officers and directors from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, attorney's fees and other expenses arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Website. In such a case, AME will provide you with written notice of such claim, suit or action.
- Miscellaneous
- These Terms of Use will be governed by and construed in accordance with the laws of the Ontario, Canada, without giving effect to its conflict of laws provisions. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the Ontario, Canada. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remaining provisions of the Terms of Use will continue in full force and effect. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.
- These Terms of Use constitute the entire agreement between you and AME with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.