Terms And Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
Terms of Use
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.
Viruses
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.
Participation Disclaimer
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.
Indemnification
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.
Third-Party Links
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.
Force Majeure
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.
Governing Law
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.
General Provisions
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.
Miscellaneous
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.
