PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
All users of this website and purchasers of Actuonix Motion Devices Inc. ("Actuonix") products agree that the use of this website, the purchase and/or the use of Actuonix products is subject to the following terms and conditions of use (the "Terms and Conditions") and other applicable law. If you do not agree to be bound by the Terms and Conditions, please do not access or use this website and do not use Actuonix products.
Modifications to the Terms and Conditions
Actuonix reserves the right to change these Terms and Conditions at any time and your continued access to or use of this website after such changes indicates your acceptance to these Terms and Conditions as modified. It is your responsibility to review these Terms and Conditions regularly.
Copyright and Trademarks
The entire content included in this website, including but not limited to text, graphics or code (collectively, the "Work"), is owned by and is the sole property of Actuonix, is copyrighted as a collective work under the laws of Canada and is protected by other applicable intellectual property laws and treaty provisions. The Work includes works that are licensed to Actuonix Motion Devices Inc. Copyright 2014, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copies of portions of this website for the sole purpose of placing an order with Actuonix or purchasing Actuonix products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with Actuonix or to purchase Actuonix products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless expressly authorized by Actuonix. You further agree not to change or delete any proprietary notices from materials downloaded from the website. All trademarks, service marks and trade names of Actuonix are registered trademarks of Actuonix.
No Unlawful or Prohibited Use
You agree that you will not make use of Actuonix products for any purpose that is unlawful under the laws of your home jurisdiction. Products sold by Actuonix are not authorized for use as critical components in life support systems, aircraft, watercraft, motor vehicles, any devices which are designed to transport or assist with the transportation of persons, or any device capable of causing serious injury or death to a person (each, a "Prohibited Device") . A critical component is any component or system whose failure to perform can be reasonably expected to cause the failure of the Prohibited Device, or to affect its safety or effectiveness. You agree that you will not use, attempt to use, purchase or attempt to purchase any Actuonix product for use as a critical component of a Prohibited Device. Actuonix accepts no liability whatsoever in contract, tort or otherwise whether or not resulting from our or our employees' negligence or failure to detect an improper purchase.
These Terms and Conditions to Prevail
All orders, regardless of how they are placed, are specifically subject to all the Terms and Conditions. No change, alteration, deletion or modification of any of the Terms and Conditions is permitted. No person is authorized to accept, confirm or vary these Terms and Conditions including all representations and warranties unless they have been posted on this website. Orders placed on forms deviating from these Terms and Conditions will be accepted strictly on the basis that these Terms and Conditions will prevail.
The use of this website, including clicking links or downloading content, is done at your own risk. Actuonix cannot and does not guarantee or warrant that this website of the content thereof are compatible with your computer or that the website or the content thereof will be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and you are responsible for the entire cost of any service, repairs or corrections of and to your computer system which may be necessary as a result of your use of this website.
Disclaimer of Warranties, Limitation of Liability and Release of Claims – Technical Assistance, Design Support Services and Website Content
Actuonix offers technical assistance and design support services as a convenience to Actuonix customers. Actuonix personnel strive to provide useful information regarding Actuonix products to customers upon request, and on this website. Actuonix does not guarantee or make any representations or warranties that any information or recommendation provided to customers directly by Actuonix personnel or on this website is accurate, complete, reliable, current or correct, and Actuonix shall have no responsibility or liability whatsoever in connection with any information or recommendation provided including for any errors, omissions or inaccuracies in such information or recommendation or in connection with any customer's or any third party's reliance on any information or recommendation provided or the contents of this website. The customer is solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by Actuonix personnel, and any reliance on such information or recommendation is at the customer's sole risk and discretion. Accordingly, the customer shall release and hold Actuonix harmless from and against any and all loss, liability, and damage incurred by the customer or any third party as a result of any information or recommendation provided to the customer or the customer's reliance on such information or recommendation.
Disclaimer of Warranties and Limitation of Liability - Products
To the fullest extent permitted by law, Actuonix disclaims all warranties or representations, whether expressed, implied or collateral, with respect to any product, including, without limitation, the implied warranties and conditions of merchantability, non-infringement, and fitness for any particular purpose. In no event will Actuonix be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory or equitable doctrine, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive, lost profits, lost savings, loss of business opportunity, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities) whether or not Actuonix is advised of the possibility of such damages, arising out of or relating to any product or service provided or to be provided by Actionix. Notwithstanding the foregoing, Actuonix's sole obligation and liability for product defects shall be, at Actuonix's sole option, to replace such defective product or refund to customer the amount paid by customer therefore. In no event shall Actuonix's liability exceed the buyer's purchase price. The foregoing remedy shall be subject to buyer's written notification of defect and return of the defective product within one hundred eighty (180) days of purchase. The foregoing remedy does not apply to products that have been subjected to misuse, neglect, accident or modification, or to products that have been soldered or altered during assembly, or are otherwise not capable of being tested. In addition, Actuonix expressly disclaims any and all warranties against third parties claims for infringement, and will have no obligation of any kinds to any customer for claims brought by third parties against the customer for infringement arising out of or in any way related to any product purchased by the from Actuonix.
Cancellation of Purchase Orders
All Purchase Orders are firm orders and once accepted by Actuonix may not be cancelled without Actuonix’ approval. Any cancellation of accepted Purchase Orders may include reasonable cancellation charges which shall be communicated to the Buyer in advance of cancelling the Purchase Order and must be approved by Buyer. Buyer retains the right to rescind any request to cancel an accepted Purchase if it does not accept Actuonix’ cancellation charges.
Use of Website
Harassment in any manner or form on this website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Actuonix or other licensed employee, host, or representative, as well as other members or visitors on the website is prohibited. You may not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization.
Actuonix does not and cannot review all communications and materials posted to or created by users accessing the website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the website, Actuonix is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, Actuonix reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or other intellectual property right of another; or (d) offensive, inappropriate or otherwise unacceptable to Actuonix in its sole discretion.
You agree to indemnify, defend, and hold harmless Actuonix, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including legal fees on a solicitor and client basis, resulting from any violation of these Terms and Conditions or any activity related to your account (including without limitation negligent or wrongful conduct) by you or any other person accessing the website using your internet account.
In an attempt to provide increased value to our visitors, Actuonix may link to websites operated by third parties. However, even if the third party is affiliated with Actuonix, Actuonix has no control over third party websites, and does not guarantee the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness of any third party website for any purposes. In addition, all third party websites will have separate privacy and data collection practices, independent of Actuonix. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, Actuonix seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own website, but for websites it links to as well (including if a specific link does not work).
Communications Not Confidential
Actuonix does not guarantee the confidentiality of any communications made via email or via this website.
Title and Risk of Loss
Title to and risk of loss of any Actuonix product ordered shall at all times remain with you from the time that product is shipped.
Neither you nor Actuonix shall be liable to the other for any delay or failure in performing its obligations under your Order to the extent that such delay or failure is caused by an event or circumstance that is beyond the reasonable control of that party, without such party's fault or negligence, and which by its nature could not have been foreseen by such party ("Force Majeure Event"). Force Majeure Events include, but are not limited to, acts of God or the public enemy, government restrictions, floods, fire, earthquakes, explosion, epidemic, war, invasion, terrorist acts, riots, strike, or embargoes.
These Terms and Conditions are governed by the laws of the Province of British Columbia and the applicable laws of Canada and these laws apply to the use of this website and the purchase and sale and use of Actuonix products by you, notwithstanding your domicile, residency or physical location. This website and Actuonix products are intended for use only in jurisdictions where their use if lawful.
These Terms and Conditions constitute the entire agreement between Actuonix and you pertaining to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Actuonix. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Actuonix's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.
Neither Actuonix or you shall assign, transfer, delegate or subcontract any of the rights or obligations under an order without the prior written consent of the other party. Any purported assignment or delegation in violation of this section shall be null and void. No assignment shall relieve either party of any of its obligations hereunder. No modification, alteration or amendment of an order shall be binding unless agreed to in writing and signed by the parties. No waiver by any party of any of the provisions of an order shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from the order by either party shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or privilege hereunder preclude any other exercise of any additional right, remedy, or privilege.