Acceptance of Terms
Malar Group (hereafter referred to as Malar), provide our Internet site and services offered on or through this site to you subject to the following Terms of Service (“TOS”). Your use of the Services in whole or in part constitutes your binding acceptance of these TOS. If you do not agree to these TOS, you should immediately leave this site.
Some Services may be subject to additional posted rules, policies and terms. When you use those Services, you and Malar shall be subject to those additional conditions, which are incorporated by reference into these TOS (and, consequently, form part of your agreement with us). Other Services may be governed by different usage terms (for example, sales and service). In the event of an inconsistency between these TOS and any additional posted conditions or separate usage terms, the provisions of the additional conditions and/or separate usage terms shall control.
Because we may modify all or any part of these TOS from time to time without notice to you, you should check back often so you are aware of your current rights and responsibilities. Your continued use of a given Service after changes to the TOS have been published on that Service constitutes your binding acceptance of the updated TOS. If at any time the TOS are no longer acceptable to you, you should immediately cease all use of the Services.
Description of Services
The Services include a combination of content that we create and that other third party content suppliers create. In addition, some Services provide you and other users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us.
We adhere to high service and privacy standards, and use every reasonable effort to provide informative and relevant content as part of the Services. You understand that the Services are provided by Malar “AS IS”, and that Malar does not guarantee the accuracy, integrity or quality of any content available on or through the Services. In this regard, you acknowledge that you may not rely on any of this content, whether created by or submitted to Malar, including, but not limited to, testimonials, case studies, service descriptions, or Postings on any bulletin board, chat, news group, community, forum or other feedback section of the Services on our site or other sites that may discuss the Services of Malar
You understand that from time to time, you may communicate with, receive communications from, or otherwise participate in or use the services of or from, third parties (e.g., dealers, agents, suppliers) as a result of your use of Malar Services. All such communication, interaction and participation is strictly and solely between you and such third party and Malar shall not be responsible or liable to you in any way in connection with these activities or transactions (including, but not limited to, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party, or any goods or services you may purchase or obtain from any third party). In particular, the appearance or availability of links to third party sites on or through the Services does not constitute an endorsement by Malar with respect to the content, advertising, products, or other materials available on or from such sites. You further understand and agree that the Services may include certain communications fromMalar (such as administrative messages and newsletters), and that these communications are considered part of the Service and you may opt out of receiving them at any time. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the TOS.
General Rules of Conduct
Your use of the Services is subject to all applicable local, provincial, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that:
- You will not interfere with another member’s use and enjoyment of the Services;
- You will not interfere with or disrupt the security measures of the Services;
- You will not interfere with or disrupt networks connected to the Services, and will comply with all regulations, policies and procedures of such networks; and
- You further agree that you will not use the Services to:
- Send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”;
- Promote or generate revenue for any business or commercial purposes, whether or not for a charge or through linking with any other web services or pages, unless authorized by Malar
- Intentionally or unintentionally violate any applicable local, provincial, state, national or international law.
Malar Proprietary Rights
All Services software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Services, including, but not limited to, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names, excluding any of your Postings (individually and/or collectively, “Material”), are the property of Malar, its subsidiaries, affiliates, licensors or suppliers and are legally protected, without limitation, under Canadian Federal and Provincial regulations and treaties. The compilation of all content on this site is the exclusive property ofMalar. You may not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any materials contained on the Services without the express prior written consent of Malar Inc. or its owner if Malar is not the owner. In particular, you may not frame any Material without the express prior written consent of Malar or the Material owner.
You must not alter, delete or conceal any copyright or other notices contained on the Services, including notices on any Material you download, transmit, print or reproduce from the Services. Any unauthorized or prohibited use of any Material, may subject you to civil liability or criminal prosecution, or both, under applicable federal and provincial laws. You further agree not to access the Service by any means other than through the interface that is provided by Malar for use in accessing the Service.
You hereby agree to indemnify, defend and hold Malar, its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, licensors, representatives, licensors and suppliers (collectively, the “Malar Parties”), harmless from and against any and all liability, losses, expenses, damages and costs (including attorneys’ fees), incurred by any Malar Party in connection with any claim arising out of your use of the Services, any use or alleged use of the content you submit, post, transmit or make available through the Services, your violation of these TOS, your connection to the Services, or your violation of the rights of any other person or entity.
Malar reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with Malar in the defense of any such claim, action, settlement or compromise negotiations, as requested by Malar.
Disclaimers of Warranties
THE SERVICES, AND MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR UNINTERRUPTED OR ERROR FREE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED. IN ADDITION, ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. Without limiting the foregoing, Malar is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. As between you and Malar, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, postings and materials associated with your use of the Services. Under no circumstances shall any MalarParty be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Services.
Limitation of Liability
IN NO EVENT SHALL A Malar PARTY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF SUCH Malar PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THE SERVICES, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY MERCHANDISE, SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH SUCH SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY Malar PARTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00).
Notwithstanding any claim that a sole or exclusive remedy which is provided in this agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Malar, upon written notice from you to us, attempt to repair, correct or replace any deficient Service and, if repair, correction or replacement is not reasonably commercially practicable for Malar, in its sole discretion, to refund any monies actually paid by you for the Service involved and to terminate and discontinue your use of the Services.
These TOS, including the policies referred to in these TOS, constitute the entire agreement between you and Malar. and govern your use of the Services, superceding any prior agreements between you and Malar. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other Malar services, affiliate services, third-party content or third-party software. These TOS cannot be changed or terminated orally.
We may be required by provincial or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Services or delivering them to you through postal mail or email. You may update your postal and email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting Malar by email, telephone or fax as indicated on this site via our Contact page.
You agree that the TOS may be automatically assigned, in whole or in part, byMalar or its affiliate to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, in whole or in part.
Choice of Law and Forum.
The formation, construction and interpretation of this agreement shall be controlled by the laws of the Province of Ontario, Canada giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the provincial and federal courts Ontario, Canada, and the parties agree to submit to the personal and exclusive jurisdiction of these courts.
No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
Waiver and Severability of Terms.
The failure of Malar to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.