This version in effect since March 30, 2009
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE THIS WEBSITE.
WELCOME TO PEARCESTAINLESS.COM. PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE PEARCESTAINLESS.COM WEBSITE. IT EXEMPTS PEARCE STAINLESS AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) and Pearce Stainless regarding your access to and use of the pearcestainless.com website and all content, information, products and services available on or through the website (collectively, this “website”). This Agreement also provides benefits to Pearce Stainless affiliates, service providers, suppliers, and other persons.
Each time you use this website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, 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. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use this website. This Agreement is in addition to any other agreement you may have with Pearce Stainless, including a transaction agreement.
PERMISSION TO USE THE WEBSITE
You may use this website only if you have reached the age of majority where you live. You may not use this website if you live in a jurisdiction where access to or use of this website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of this website is lawful, and you must comply with all applicable laws. Pearce Stainless reserves the right to request proof of identification and age.
OWNERSHIP AND PERMITTED USE OF THE WEBSITE
This website (including all content, page headers, custom graphics, button icons, scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, forms, images, icons, designs, applications, data, and other elements available on or through this website) is the property of Pearce Stainless and is protected by Canadian and international copyright, trademark and other laws. Your use of this website does not transfer to you any ownership or other rights in this website or its content. This website is made available to you for your lawful, personal use only. You may use this website only in the manner described expressly in this Agreement and subject to all applicable laws. Using this website for any other purpose or in any other manner is strictly prohibited.
You may print website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. This website and its contents 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 Pearce Stainless. You may not sell or resell any part of this website or access to the website. You may not use any of the charts that are used in the operation or provision of this website except while you are using the website in accordance with this Agreement.
MISPRINTS AND ERRORS AND PRODUCT AVAILABILITY
Pearce Stainless endeavours to provide current and accurate information on this website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications, descriptions, or item numbers) or other errors may sometimes occur. Pearce Stainless cannot guarantee that products and services advertised on this website will be available when a quote is requested or thereafter. Pearce Stainless does not warrant that the content of this website including, without limitation, product descriptions or photographs, is accurate or complete.
Pearce Stainless reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; and (b) change at any time the products and services advertised on this website, and specifications of such products and services, and any other website content without any notice or liability to you or any other person. The advertisements on this website are invitations to you to request a quote and are not offers to sell.
Pearce Stainless and other names and logos appearing on or in connection with this website (the “Marks”) are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Pearce Stainless or their respective owners or licensees. Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on this website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks.
NO LINKING, FRAMING, MIRRORING, SCRAPING OR DATA-MINING
Links to this website without the express written permission of Pearce Stainless is strictly prohibited. To request permission to link to this website, please send an email to email@example.com. Pearce Stainless may in its discretion cancel and revoke any permission it may give to link to this website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of this website or any of the contents in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the website or to post comments, communications, or any other data of any kind to or on the website with the intention that such postings may be viewed by other users of the website.
In order to avoid potential misunderstandings or disputes, Pearce Stainless does not accept or consider unsolicited ideas or suggestions (“Submissions”). If you send Submissions to Pearce Stainless or the website, you automatically grant (or warrant that the owner of the Submissions grants) to Pearce Stainless and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Pearce Stainless or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Pearce Stainless and its successors, assigns and licensees.
PERSONAL INFORMATION PRIVACY
DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
- DISCLAIMERSYOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY PEARCE STAINLESS TO THE FULLEST EXTENT PERMITTED BY LAW.
- LIABILITY EXCLUSIONSPEARCE STAINLESS AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY PEARCE STAINLESS OR ANY PERSON FOR WHOM PEARCE STAINLESS IS RESPONSIBLE, AND EVEN IF PEARCE STAINLESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
- ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONSTHE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
For your convenience, this website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from Pearce Stainless, and Pearce Stainless has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Pearce Stainless does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Pearce Stainless arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Pearce Stainless, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
Notwithstanding any other provision of this Agreement, Pearce Stainless may in its discretion change, discontinue, modify, restrict, suspend or terminate this website or any part of it without any notice or liability to you or any other person. Pearce Stainless may in its discretion and convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the website without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the website is terminated for any reason, then this Agreement and all other then existing agreements between you and Pearce Stainless will continue to apply and be binding upon you regarding your prior access to and use of this website, and anything connected with, relating to or arising there from.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of this website, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada. Any dispute between you and Pearce Stainless or any other person arising from, connected with or relating to this website, this Agreement, or any related matters (collectively “Disputes”) will be resolved before the Courts of Ontario, sitting in the City of Ottawa, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
Without limiting the foregoing, you irrevocably and unconditionally: (a) agree that any suit, action, or other legal proceeding arising out of your use of this website must be brought in a court of record of the Province of Ontario in the City of Ottawa; (b) consent to the jurisdiction of the courts of Ontario in any such suit, action, or proceeding; (c) waive any objection which you may have to the laying of the venue of any such suit, action or proceeding in any of such courts; and (d) waive any right that you may have to assert the defence of forum non-convenience in any such suit, action or proceeding. Pearce Stainless makes no representation that materials or services at this website are appropriate or available for use outside Canada, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this website or any copy or adaptation in violation of any applicable laws or regulations. If you choose to access this website from outside Canada, you do so at your own initiative and are responsible for compliance with any local laws may be eventually applicable.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect. This Agreement ensures to the benefit of and is binding upon each of Pearce Stainless and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Pearce Stainless may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
CHANGES TO THIS AGREEMENT
Pearce Stainless may, in its sole discretion, change this Agreement from time to time as it relates to future use of this website, by posting a revised Agreement on the website. By using this website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
Any rights not expressly granted by this Agreement are reserved to Pearce Stainless.
You may contact Pearce Stainless by email or postal mail at:Pearce Stainless
Customer Support Dept.
200 Terence Matthews Drive
Kanata, ON Canada K2M 2C6