PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR WEBSITE.
Terms and Conditions of Use of Website
Last Updated June 29, 2016
This website (this "Site") is owned and operated by DEW Engineering and Development ULC (referred to as "DEW Engineering and Development", "DEW Engineering", "us" or "our" herein). Subject to these Terms and Conditions of Use, information ("Materials") from DEW Engineering and Development on this Site may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, except as set forth below. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
DEW Engineering and Development authorizes you to view and download the Materials on this Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials are subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms and Conditions of Use. You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time without notice. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, DEW Engineering does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. If you breach any of these Terms and Conditions of Use, your authorization to use this Site will automatically terminate and you must immediately destroy or delete any downloaded or printed Materials. DEW Engineering reserves its right to alter, change or amend its authorization for your use of this Site and the Materials.
Communications from You to the Site
DEW Engineering appreciates hearing from its customers and welcomes your comments regarding DEW Engineering’s products. However, all communications from you to this Site will be considered non-proprietary and non-confidential. DEW Engineering shall have no obligations of any kind to you respecting your communications and will be free to use them on an unrestricted basis for any purposes. You are solely responsible for these communications and their legality under all laws and regulations.
DEW Engineering’s company policy does not allow it to accept or consider creative ideas, suggestions, inventions or materials other than those it has specifically requested in writing. If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information (collectively, the "Information"), the Information shall be deemed, and shall remain the property of DEW Engineering. None of the Information shall be subject to any obligation of confidentiality on the part of DEW Engineering and DEW Engineering shall not be liable for any use or disclosure of any Information. You hereby warrant that all Information provided by you does not infringe upon any third party rights. If applicable law restricts DEW Engineering from becoming the owner of any Information, you hereby grant to DEW Engineering a worldwide, royalty-free, perpetual, irrevocable, exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all Information submitted by you to DEW Engineering and incorporate it into other works regardless of form, medium or technology.
DEW Engineering will have the right, but not the obligation, to review communications with this Site to determine that they comply with these Terms and Conditions of Use and applicable laws and regulations. DEW Engineering shall have no responsibility or liability for the content of any Information posted to this Site, nor for any errors or violations of any laws. DEW Engineering will comply with court orders in any jurisdiction directing DEW Engineering to disclose the identity of anyone posting communications to this Site.
Links to Other Sites
DEW Engineering is not responsible for the content of any other site linked to or from this Site. If you link to another site, you leave this Site. If you decide to link to another site, you do so entirely at your own risk. DEW Engineering may provide links from this Site to other sites but this is done solely as a convenience to you and in no way should be interpreted as an endorsement of any content, sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE(S) INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE ARE HEREBY EXCLUDED.
DEW Engineering owns all rights to use of the trademarks and service marks ("Trademarks") which appear on this Site, unless otherwise noted. Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on this Site without the express written permission of DEW Engineering or the Trademark owner. The name "DEW Engineering and Development ULC" or any variations thereof or the DEW Engineering logos may not be used in any way without DEW Engineering’s prior written consent. You may not use the DEW Engineering logos as a "hot" link to any other site unless the establishment of such a link is approved by DEW Engineering in advance and in writing.
You acknowledge that applicable export control laws and regulations apply to this Site which may prohibit the export or re-export of Materials to certain countries and persons. You agree to comply strictly with all applicable export laws and regulations and assume sole responsibility for obtaining any required licenses to export or re-export Materials subject to export controls. You shall not export or re-export Materials subject to export controls into (or to a national of) any country to which Canada or the United States embargoes or sanctions such Materials or to any proscribed person, group or entity. In addition, you are responsible for complying with any local laws in your country which may impact your right to import, export or use Materials accessed or described on this Site.
This Site and the Materials contained in or described on this Site shall not be accessed or used by any national of proscribed countries or groups against which Canada or the United States has instituted sanctions, Specially Designated Nationals, and other proscribed persons or entities. YOUR ACCESS OF THIS SITE CONSTITUTES YOUR EXPRESS REPRESENTATION THAT THE PERSON OR ENTITY ATTEMPTING ACCESS:
(1) is NOT a national of any such sanctioned country or group;
(2) is NOT a Specially Designated National; and
(3) is NOT included on the Denied Parties List, Entity List or the Table of Denial Orders.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" AND ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY IS HEREBY EXCLUDED. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. DEW Engineering does not warrant the accuracy and completeness of the Materials on this Site. DEW Engineering takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of this Site. DEW Engineering may make changes to the Materials at this Site, or to the products and prices described therein, at any time and without notice. The Materials at this Site may be out of date and DEW Engineering makes no commitment to update the Materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your geographic location.
Limitation of Liabilities
IN NO EVENT WILL DEW ENGINEERING OR ITS SUPPLIERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR OTHER CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED ON THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT DEW ENGINEERING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR COMMUNICATIONS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Upon DEW Engineering’s request, you agree to defend, indemnify and hold harmless DEW Engineering and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including legal fees and costs, that arise out of or in connection with your accessing or use of this Site or your uploading, downloading or transmission of all communications or Material on this Site.
Changes to this Site
Please note that this Site and these Terms and Conditions of Use may be revised at any time and without notice. By entering this Site, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically visit this page to review these Terms and Conditions of Use.
These Terms and Conditions of Use are effective until terminated by either party. You may terminate these Terms and Conditions of Use at any time by destroying all Materials obtained from this Site and all related documentation and all copies and installations thereof, whether made under the terms of this these Terms and Conditions of Use or otherwise. These Terms and Conditions of Use will terminate immediately without notice from DEW Engineering if in DEW Engineering’s sole discretion and judgment you fail to comply with any term or provision stated herein. Upon termination, you shall destroy all Materials obtained from this Site and all copies thereof, whether made under the terms of these Terms and Conditions of Use or otherwise. Notwithstanding any termination of these Terms and Conditions of Use, all provisions relating to your indemnification obligations, disclaimers, limitations of liability, copyright, trademark and other proprietary rights of DEW Engineering shall survive the termination of these Terms and Conditions of Use.
International Users and Applicable Laws
This Site is operated, controlled and administered from DEW Engineering’s offices in Ottawa, Ontario, Canada. It can be accessed from anywhere in Canada and from other countries of the world. By accessing this Site you agree that the laws of the Province Ontario and the federal laws of Canada applicable therein (without regard to its conflicts of law provisions) will apply to all matters arising out of or in connection with this Site and your connection to and use of this Site. Both parties submit to exclusive jurisdiction of the Province of Ontario and further agree that any cause of action arising out of or in connection with these Terms and Conditions of Use shall be brought only in the courts in Ottawa, Ontario, Canada. You further agree that any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises (or such greater period required by applicable law). DEW Engineering makes no representation or warranty that any communications or Materials on this Site are lawful in other jurisdictions or available for use in all jurisdictions and accessing them from places where their contents are illegal is prohibited. You agree that if you access this Site from another jurisdiction that you are responsible for compliance with local laws. If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible, the original intentions of the parties in accordance with applicable law and the remainder of the Terms and Conditions of Use will remain in full force and effect.
These Terms and Conditions of Use constitute the entire agreement between the parties relating to the subject matter hereof.
The parties confirm their express wish that these Terms and Conditions of Use and all documents and agreements directly or indirectly relating hereto be drawn up in the English language. Les parties reconnaissent leur volonté expresse que la présente ainsi que tous les documents et contrats s’y rattachant directement ou indirectement soient rédigés en anglais.
If you have questions and/or comments regarding this Site, you may contact us from the Contact Us page.