WEBSITE TERMS OF USE

Last revised: April 2, 2013

1.            INTRODUCTION AND ACCEPTANCE

Welcome to aquanty.com, a website owned and operated by Aquanty Inc. (“Aquanty“, “We”, “Our”, or “Us”). This website terms of use (“Terms of Use”) contain the legal terms and conditions that govern your use of aquanty.com, all other sites owned and operated by Aquanty that redirect to aquanty.com, and all subdomains (the “Website“).

By using a Website, you agree, without limitation or qualification, to be bound by these Terms of Use and such other additional or alternative terms, conditions, rules and policies including, without limitation, the Privacy Policy (as defined below), which are displayed or to which you may be directed in connection with any particular Website or any of the services available on a Website, all as may be modified by Us from time to time in Our sole discretion.

If you do not agree to these terms of use, then you must discontinue accessing and/or using all the Website.

Aquanty reserves the right to modify the Terms of Use at any time and from time to time, and each such modification shall be effective upon posting on the Website. All material modifications will apply prospectively only. Your continued use of the Website following any such modification constitutes your agreement to be bound by and your acceptance of the Terms of Use as so modified. It is therefore important that you review the Terms of Use regularly. If you do not agree to be bound by such modified Terms of Use, you must discontinue use of the Website immediately.

2.            PRIVACY

You can view Aquanty’s privacy policy here http://www.aquanty.com/privacy-policy/ (the “Privacy Policy”), which is incorporated herein by reference. The Privacy Policy provides your rights and Aquanty’s responsibilities with regard to Aquanty’s collection and use of Personal Information as well as Our use of internet tags, cookies, graphic tags and web beacons (collectively, “Tags”). We will not use Personal Information or Tags in any way inconsistent with the purposes and limitations provided in the Privacy Policy. By accepting the Terms of Use, you hereby consent to: (i) Aquanty’s collection and use of your Personal Information in accordance with the Privacy Policy and the Terms of Use; and (ii) Aquanty’s placement and use of Tags as described in the Privacy Policy. The Privacy Policy may be updated from time to time at Our discretion. Changes will be effective upon posting to the Website.

3.            WEBSITE CONTENT

We do not represent or warrant that any of the content or materials presented on the Website are appropriate or available for use in other locations or jurisdictions. If you access the Website from a jurisdiction other than Canada, you agree that you do so on your own initiative, and are responsible for compliance with local laws. AQUANTY SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECT IN, THE INFORMATION CONTAINED WITHIN THE WEBSITE.

4.            MODIFICATION

Aquanty reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof, with or without notice. Aquanty shall not be liable to you or to any third party for any modification, suspension or discontinuance of such Website. Aquanty may establish general practices and limits concerning use of the Website.

5.            AQUANTY INTELLECTUAL PROPERTY

Aquanty reserves all rights not granted in and to the content and materials available on the Website. All materials available through the Website, including, but not limited to, text, images, illustrations and other data, are protected by copyrights which are owned or licensed by Aquanty. You may not reproduce, perform, create derivative works from, republish, transmit, or distribute in any way whatsoever any materials from the Website without Our prior written permission.

6.            LIMITED RIGHT TO ACCESS AND USE THE WEBSITE     

Subject to the terms and conditions set forth in the Terms of Use, Aquanty grants you a non-exclusive, royalty-free, revocable, non-transferable, limited right to access and use the Website in accordance with the Terms of Use. You agree that you will not use the Website to: (i) misappropriate the intellectual property rights of Aquanty or its affiliates; (ii) attempt to deface, modify or manipulate any of the Website or employ any tactic to defeat or evade any security feature employed by the Website; (iii) misappropriate the identity of, or obtain any personal information about any other user of the Website, or any customer, vendor, dealer or employee of Aquanty; and/or (iv) modify, erase or damage any information contained on the Website or any computer hardware or information storage device owned or used by Aquanty. As an additional term and condition of use of the Website, you agree not to use any process, research method or tactic to recreate or replicate the features, functions or design of the Website through reverse engineering.

7.            INDEMNIFICATION

You agree to indemnify and hold harmless Aquanty and its respective officers, directors, employees, from and against any and all claims, demands, expenses (including, but not limited to, reasonable legal fees), damages, causes of action, obligations, liabilities, losses and costs or debt arising out of, or asserted in connection with: (i) your connection to, access or use of the Website; (ii) your violation of these Terms of Use; and/or (iii) your violation of the rights of any other person or entity.

8.            DISCLAIMER

You agree that your use of THE Website shall be at your own risk. The Website IS provided on an “as is” and “as available” basis for your use. To the fullest extent permitted by law, Aquanty expressly disclaims all, and makes no, representations, warranties, conditions or undertakings of any kind, whether express or implied, in connection with the Website including, but not limited to, implied warranties of merchantability, fitness for a particular or general purpose, quality, title, and non-infringement. Aquanty does not warrant that any errors or defects in the Website will be corrected, and do not assume responsibility for the conduct of any users of the Website, whether online or offline.

9.            LIMITATION OF LIABILITY

You agree that under no circumstances will Aquanty or its respective officers, directors, employees or agents, be liable to you for any DIRECT, indirect, incidental, special, punitive, or consequential damages whatsoever, even if We have been advised of the possibility of such damages, whether based on warranty, contract, tort, or any other legal theory, and whether arising by law, statute, usage of trade, custom, course of dealing or performance, or the parties’ conduct or communication with one another, or as a result of the nature of these Terms of Use or in conformity with usage, equity or law or otherwise, arising out of or in connection with the Website including, but not limited to, any: (a) use, inability to use or performance of the Website; (b) errors, mistakes, or inaccuracies of content of or software underlying the Website; (c) bugs or viruses which may be transmitted to or through the Website; (d) interruption or cessation of service or of transmission of the the Website; and/or (e) unauthorized access to or use of Aquanty’s or its contractors’ secure servers.

10.          THIRD PARTY WEBSITES AND LINKS

The Website may contain links to or the content of/from third party websites (collectively, “Third Party Websites”). Third Party Websites are not owned or controlled by Aquanty, therefore Aquanty has no control over any products, services, materials or other information in or available through Third Party Websites. We assume no responsibility for any Third Party Website including, but not limited to, any content within on or available at a Third Party Website. You agree that You assume all risk when accessing any Third Party Websites, and release Aquanty from any and all liability resulting from the access and/or use of Third Party Websites. It is Your responsibility to take all protective measures to guard against viruses or other destructive devices, programs. Aquanty makes no representation, warranty, condition or undertaking regarding, nor endorses, any Third Party Websites.

11.          SECURITY

Aquanty reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Aquanty to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms of Use or any law or regulation. You acknowledge and agree that Aquanty may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting you in this regard.

12.          SUBMISSION OF IDEAS OR SUGGESTIONS

Aquanty is always improving the Website and its services and developing new features. If you have ideas or suggestions regarding improvements or additions, Aquanty would like to hear them, however any submission will be subject to these Terms of Use. Aquanty does not, however, desire that you send post or upload any information that is confidential or proprietary to you or to any other person or company. By submitting comments, messages, suggestions, ideas, concepts or other information (collectively, “Submissions“) to Aquanty, you thereby (a) represent and warrant that none of the Submissions are confidential or proprietary to you or to any other person; and (b) grant Aquanty and its affiliates an irrevocable, perpetual, royalty-free, non-exclusive, unrestricted, worldwide license to: (i) use, copy, publish, transmit, perform and display the Submissions for any purpose; (ii) create derivative works from such Submissions; and (iii) implement and use the Submissions and any suggestions, concepts or ideas contained therein without compensation to you. Furthermore, you agree that Aquanty is not responsible for the confidentiality of the Submissions.

13.          GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regards to conflict of laws principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, without regards its principles of conflict of laws.

14.          GENERAL PROVISIONS

These Terms of Use, and any rights or licenses granted or waived herein, may not be transferred or assigned by you, but may be assigned by Aquanty without restriction. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Use. The failure of Aquanty to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.