Last updated June 26, 2014
1. Your Acceptance of this Agreement
This is an Agreement between you and Element Industrial Solutions Inc. (“Element”), and governs your use of the Element Website and its content, including without limitation the Investor information (collectively the “Website”). Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.
2. Disclaimer and Liability Exclusion
ELEMENT DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE Website. YOUR USE OF THE Website IS AT YOUR OWN RISK. THE Website IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY ELEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. ELEMENT WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED ON THE Website BY YOU OR ANY OTHER PERSON.
3. Indemnity and Limitations of Damage
You agree to indemnify, defend and hold harmless Element, its officers, directors, employees, agents, licensors, suppliers and any third party information provider’s to the Website against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Website violates these Terms, any applicable law or regulation, or the rights of any third party.
IN NO EVENT SHALL ELEMENT OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDER, SUBSIDIARIES, OR EMPLOYEES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, OR INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE WEBSITE OR ANY LINKED WEBSITE, EVEN IF ELEMENT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Ownership and Permitted Use of the Website
Copyright © 2014 Element Industrial Solutions Inc. All rights reserved. The Website, including all of its content, is the property of Element and others, and is protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website is made available to you for your lawful, personal, non-commercial use only. You may print or download Website pages for your personal, non-commercial use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not use the Website or its content for any other purpose or in any other way. In particular, the Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Element.
5. Trade-mark Information
ELEMENT, ELEMENT INDUSTRIAL and ELEMENT INDUSTRIAL SOLUTIONS are trade-marks, trade-names and service-marks owned by Element. Other product and company names and logos appearing on the Website may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos displayed on the Website (collectively “Marks”), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.