AMITY INSULATION GROUP INC.
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Terms of use

This website (“Website“) is owned and operated by Amity Insulation Group Inc. (“Amity Insulation“). Access and use of this Website is provided by Amity Insulation to you subject to the following Terms of Use. Your access or use of the Website constitutes your agreement to be bound by the Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Website.

These Terms of Use were last updated on December 16, 2013. Amity Insulation may revise or update the Terms of Use at any time and without notice. Your continued access or use of this Website after any such changes are posted will constitute your acceptance of these changes. You should periodically visit this webpage to review the prevailing Terms of Use.

THESE TERMS OF USE CONTAIN, AMONG OTHER TERMS, IMPORTANT LIMITS ON YOUR REMEDIES AGAINST AMITY INSULATION. PLEASE REVIEW THE TERMS OF USE CAREFULLY.

Privacy

In the course of using this Website, you may provide or we may collect personal information about you. We are committed to protecting the privacy of the personal information of those individuals who interact with this Website. Our policies with respect to the use and disclosure of such personal information are outlined in our Privacy Policy, which is available at www.amityinsulation.com/privacy-policy and is incorporated as part of these Terms of Use. By using this Website, you acknowledge and accept the risks that information transmitted using this Website may not be secured or private, and that any such information may be lost, intercepted or altered.

Ownership of Intellectual Property

All information and materials on this Website (collectively, the “Materials“) are the property of Amity Insulation or its licensors and may be protected by copyright, trademark and other intellectual property laws. The Materials may only be used and copied for your personal, non-commercial purposes, provided that the Materials are not modified and all copyright and other intellectual property notices contained in such Materials are maintained. Any other use of the Materials without Amity Insulation’s written permission is prohibited.

Protherm and Protherm2 are trade-marks of Amity Insulation. These trade-marks may not be used by any party without our express written consent.

Linking to or from this Website

Without Amity Insulation’s prior consent, you may not create or maintain any link from another website to any page on this Website. You may not redistribute, frame, deep-link, lease, rent, sell or otherwise exploit the Materials or any other content of this Website or reverse-engineer, disassemble, or otherwise convert it to any other form.

This Website may from time to time provide links to third party websites for your convenience only. The inclusion of these links does not imply that Amity Insulation controls, monitors or endorses these websites or the content on them. Amity Insulation will not be responsible or liable for any damage or loss caused or alleged to be caused by or associated with the use of or reliance upon any information, content, goods or services available on or through any third party websites.

Currency of Website

Amity Insulation updates the Materials on this Website periodically. However, Amity Insulation cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the Materials on this Website. Amity Insulation may revise, supplement or delete information, services and/or the resources contained in or available from this Website and reserves the right to make such changes without prior notification to you or any other past, current or prospective visitors.

Prohibited Conduct

You may not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. Any conduct by you that, in Amity Insulation’s sole discretion, restricts or inhibits it or any other user from using or enjoying this Website will not be permitted. You agree to use this Website only for lawful purposes.

Communications Through the Website

You may contact Amity Insulation through this Website by visiting www.amityinsulation.com/contact. However, the Internet is not a fully secure medium and any communication you send to us may be lost, intercepted or altered. Amity Insulation is not liable for any damages relating to or arising out of communications to or from this Website.

Disclaimer of Warranty

Amity Insulation does not represent or warrant that access or use of this Website or the Materials will be uninterrupted or error free, or that no computer viruses or other destructive programs will be transmitted from the Website.

THIS WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT WILL AMITY INSULATION OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, EVEN IF AMITY INSULATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, AMITY INSULATION’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR ARISING FROM YOUR USE OR EXPLOITATION OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY OF THE MATERIALS, WILL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, the above limitations or exclusions to liability are limited to the fullest extent allowed by law.

Disputes

Any controversy, dispute, claim, question or difference (a “Dispute“) arising out of or relating to these Terms of Use, the Materials, this Website or the performance, enforcement, breach, termination or validity of the matters provided for in these Terms of Use, which cannot be resolved amicably will be finally settled by confidential, binding arbitration before a single arbitrator in Edmonton, Alberta and governed by the Arbitration Act (Alberta), as amended. Notwithstanding the foregoing, Amity Insulation reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action or similar proceeding against Amity Insulation relating to any dispute or disagreement and you also agree to opt out of any class or similar proceedings against Amity Insulation.

Applicable law

This Website is controlled, operated and administered by Amity Insulation from within the Province of Alberta, Canada. This Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. By accessing this Website, you acknowledge and agree that all matters relating to access to or use of this Website will be exclusively governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any Disputes not addressed through arbitration in accordance with the above provision entitled “Disputes” will be submitted to the exclusive jurisdiction of the courts of the Province of Alberta.

General

Amity Insulation’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.

If any provision or part of these Terms of Use is unlawful, void or wholly or partially unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity or enforceability of any remaining provisions.

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