Terms & Conditions
TERMS AND CONDITIONS OF USE OF THE FLEXTHERM INTERNET SITE
YOU MUST CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE USING THE FLEXTHERM INTERNET SITE.
1. ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE OF THE FLEXTHERM INTERNET SITE
1.1. If you choose to use the FLEXTHERM Internet site, you acknowledge that you have read and understood these Terms and Conditions and therefore agree to abide by them and any future changes that may be made to them. These Terms and Conditions represent a contract between you and FLEXTHERM.
1.2. These Terms and Conditions may be subject to changes, additions or deletions at any time. Any such change will be posted on this page. We request that you consult these Terms and Conditions periodically in order to take note of changes that may have been made to them.
2. LOCATION OF OPERATIONS
2.1. FLEXTHERM operates its Internet site from its offices in Canada. FLEXTHERM does not make any representation to the effect that all items on its Internet site may be used in other locations. Those who choose to use the FLEXTHERM Internet site do so at their own initiative and are responsible for complying with all laws applicable to them.
2.2. By using the FLEXTHERM Internet site, you acknowledge and agree that these Terms and Conditions are governed by the applicable laws of the Province of Quebec and that any litigation arising from, or linked to, use of the FLEXTHERM Internet site shall be subject to the jurisdiction of the courts of the District of Montreal, Province of Quebec.
3. CHANGES MADE TO THE INTERNET SITE
3.1. FLEXTHERM may at any time change, cancel or terminate any item on its Internet site, including the availability of any function, data base or content. FLEXTHERM may also impose limits on certain items or restrict access to certain sections of its Internet site without prior notice and without incurring any liability.
4. PERSONAL USE
4.1. All items of the FLEXTHERM Internet site are offered to you for personal use and non-commercial purposes. It is prohibited to use the items contained in the FLEXTHERM Internet site for commercial or advertising purposes without the written consent of FLEXTHERM.
5. INTELLECTUAL PROPERTY
5.1. The trademarks and logos used or displayed on the FLEXTHERM Internet site are trademarks and logos registered or not by FLEXTHERM or third parties. Nothing on the FLEXTHERM Internet site may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos without the prior written permission of their owner. Without limiting the generality of the preceeding, it is prohibited to reproduce the trademarks and logos displayed on the FLEXTHERM Internet site for commercial or advertising purposes or to increase the number of visitors to your site.
5.2. All items on the FLEXTHERM Internet site (including, without limitation, the texts, articles, photographs, images, illustrations, audio and video excerpts, software, etc.) are protected by copyright and belong to FLEXTHERM or a third party acting as a content provider. Except for clearly stated exceptions, no item on the FLEXTHERM Internet site may be interpreted in such a way as to grant you any claim to the intellectual property of FLEXTHERM or a third party acting as a content provider.
5.3. You may not copy, reproduce, change, publish, broadcast, distribute, participate in the transfer or sale of, create new works from, translate, download, grant under license or exploit in any way, any item offered on the FLEXTHERM Internet site (including any software), in whole or in part.
5.4. You may download or copy items of the FLEXTHERM Internet site for personal use for non-commercial purposes only, provided you maintain all copyright and intellectual property notices they contain. Copying or storing any item for purposes other than personal use is strictly prohibited without the prior written permission of FLEXTHERM or the holder of the copyrights identified in the intellectual property notice.
6. REPRESENTATIONS AND WARRANTIES
6.1. You hereby agree to defend, indemnify and hold FLEXTHERM, its directors, officers, senior executives, shareholders, employees, business affiliates, representatives and content suppliers (collectively referred to hereinafter as “FLEXTHERM”) harmless from monetary condemnation in principal, interest, legal and extrajudicial costs and any other damages, including, but without limitation, all reasonable legal costs incurred by FLEXTHERM related to any claim, proceeding, action or default (“Claim”) arising from non-compliance, by you or any other user on your behalf, with these Terms and Conditions. FLEXTHERM reserves the right to participate in the defense of any such Claim and be represented by an attorney of its choice.
7. LIMITATION OF LIABILITY
7.1. The FLEXTHERM Internet site and the items contained in it are offered on an “as is” basis, gratuitously by FLEXTHERM, without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, use, availability, validity, accuracy, reliability of the items reproduced on said sites or as to the results ensuing from the use of such items. Without limiting the generality of the foregoing, FLEXTHERM makes no representations about the comprehensive nature of the results of your searches conducted on its Internet site. You hereby acknowledge and agree that you use the FLEXTHERM Internet site at your own risk.
7.2. FLEXTHERM makes no representation related to the accuracy or reliability of, nor does it endorse all notices, any opinion, declaration or other information published or distributed on its Internet site by any user, content provider or other person.
7.3. FLEXTHERM disclaims all liability related to any error that may be found on its Internet site. Thus, FLEXTHERM and any third party providing content on the FLEXTHERM Internet site, their related companies, officers, employees, representatives or agents cannot in any way be held liable for any damage related directly or indirectly to the use of the FLEXTHERM Internet site, in particular, the loss of data or profits ensuing from the use of items on said sites, errors or omissions contained in the items or the inability to use such items.
8. HOW TO CONTACT US ABOUT THIS POLICY
8.1. Should you have a claim related to a copyright infringement of any of the materials contained in the FLEXTHERM Internet site, or for any other correspondence, you can contact us at the following address:
2400 de la Province street
Longueuil, Quebec J4G 1G1
1 800 FLEXTHERM (353-9843)
1 877 FLEXTHERM (353-9843)