TERMS OF USE
PACO SPIRALIFT INC.
Your access to www.pacospiralift.com (« Website ») is subject to the following Terms of use, which may be updated by us from time to time without notice to you. By accessing or using this Website, whether accessed directly or through a third-party site, you agree that you have read, understood, and agreed to be bound to these Terms of use. If you disagree with these Terms of use (as they may be amended from time to time), or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website.
DISCLAIMERS
You acknowledge and agree that:
a. Although we strive to provide on this Website the latest developments relating to our products and services, and other information about our company, services and products, we do not warrant nor guarantee the accuracy, effectiveness and suitability of any information contained on this Website, in any form, including but not limited to information on products’ and services’ availability or their technical specifications and representations on this Website which are for informational use only. Each person assumes full responsibility and all risks arising from use of this Website. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. PACO Spiralift Inc. reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
b. PACO SPIRALIFT INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE. PACO SPIRALIFT INC. HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL PACO SPIRALIFT INC. BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS WEBSITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE, REGARDLESS OF WHETHER PACO SPIRALIFT INC. HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
c. PACO Spiralift Inc. is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Website PACO Spiralift Inc. will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its Website. Such information should, therefore, be considered as suspect and is not endorsed by PACO Spiralift Inc.
d. PACO Spiralift Inc. takes reasonable measures to monitor and update content on the Website, but it does not represent or warrant that the Website will at all times be error-free, free of viruses or other harmful components, or that defects will be corrected.
YOUR USE
You understand, acknowledge, and agree to the following:
a. As a user of this Website, you are granted a nonexclusive, non-transferable, revocable, limited license to access and use the Website and its content in accordance with the Terms of use herein. PACO Spiralift Inc. may terminate this license at any time for any reason.
b. The content of this Website is for personal and non-commercial use only and not for commercial exploitation. You may use this Website for your own personal use or your organization’s internal use only.
c. By using this Website, you agree not to disrupt or intercept our electronic information posted on this Website or on any of our servers. You also agree not to attempt to circumvent any security features of our Website, not engage in disruptive or destructive acts, including flaming, spamming, flooding, trolling and griefing as those terms are commonly understood and used on the internet, and to abide by all applicable, local, provincial, state, federal and international laws, rules and regulations.
d. You grant to PACO Spiralift Inc. the right to use all content you upload or otherwise transmit to this Website, subject to these Terms of use and PACO Spiralift Inc.’s Privacy Policy which is part of these Terms of use by this reference in any manner PACO Spiralift Inc. chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. By accessing this Website, you hereby waive any moral rights you would have to such content.
e. Except as expressly stated and agreed upon in advance by PACO Spiralift Inc., no confidential relationship shall be established in the event that any user of this Website should make any oral, written or electronic communication to PACO Spiralift Inc. (such as feedback, questions, comments, suggestions, ideas, etc.). If any PACO Spiralift Inc. Website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), PACO Spiralift Inc. shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and PACO Spiralift Inc. shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever. The sender of any information to PACO Spiralift Inc. is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.
f. You agree that you are personally responsible for your use of the Website, included but not limited to any statements made, images or information used or posted, or third-party software available, and you agree to defend and hold harmless PACO Spiralift Inc. and its respective affiliates, subsidiaries, agents, representatives, associates, officers, directors, shareholders and employees from any such activity conducted by you or through your account, if applicable, on the Website.
INTELLECTUAL PROPERTY
All title, ownership rights, intellectual property rights, information on this Website, including without limitation any software, titles, trademarks, logos, information, documents, drawings, related graphics and rich media (video), published computer code, technology, themes, objects, concepts (the “Information”) are the sole property of PACO Spiralift Inc., except for information provided by third-party providers. The content of this Web Site, including the Information, may not be reproduced or transmitted in any form or by any means, electronic or mechanical, including facsimile transmission, photocopying, recording or using storage or retrieval of information systems without the express written permission of the copyright owner. PACO Spiralift Inc. is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted herein, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of PACO Spiralift Inc.
No use of any PACO Spiralift Inc. trademarks, trade names, trade dress and products on this Website may be made without the prior written authorization of PACO Spiralift Inc., except to identify the product or services of the PACO Spiralift Inc for non-commercial use and in conformity with these Terms of use.
PRIVACY AND SECURITY
PACO Spiralift Inc. is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to our Website. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using our Website, you agree to be bound by that policy.
You recognize and agree that when submitting your personally identifiable information to PACO Spiralift.com, while PACO Spiralift Inc. has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, PACO SPIRALIFT INC. SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF PACO SPIRALIFT INC. HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PACO SPIRALIFT INC. DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
PACO Spiralift Inc. does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through this Website. Reliance on these materials, drawings, designs, information and opinions is solely at your own risk. You should not rely on any drawings, designs or any other information contained on this Website to produce technical drawings. PACO Spiralift Inc. disclaims any liability for injury or damages resulting from the use of this Website, or the content contained thereon.
THIS PACO SPIRALIFT INC. WEBSITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL PACO SPIRALIFT INC., OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS. BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE, YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES ON THIS WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY PACO SPIRALIFT INC. AND WHETHER OR NOT PACO SPIRALIFT INC. HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
REMEDIES
PACO Spiralift Inc. reserves the right to seek all remedies available at law and in equity for violations of the Terms of use, including but not limited to the right to terminate and/or block access from a particular internet address to the Website and its content. You agree that any violation by you of these Terms of use will constitute an unlawful and unfair business practice and will cause irreparable harm to PACO Spiralift Inc., for which money damages would be inadequate and you consent to PACO Spiralift Inc. obtaining any injunctive or equitable relief that PACO Spiralift Inc. deems necessary and appropriate in such circumstances. These remedies are in addition to any other remedies available at law or in equity.
GENERAL
You agree that these Terms of use describe the entire agreement between us with respect to its subject matter. www.pacospiralift.com was created and is operated under the laws of the Province of Quebec. The laws of the Province of Quebec will control the Terms of use provided in these Terms of use, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms of use is invalid or unenforceable, you agree that the other provisions of these Terms of use will remain in full force and effect.