Mitey Titan Industries Inc. (“Mitey Titan”) maintains this Website as a service to its customers. By using Websites owned and operated by Mitey Titan you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain documents from this site.
Section 1. Acceptance of Agreement
1.01
You agree to the terms and conditions outlined in this Website Terms of Use Agreement (“Agreement”) with respect to the Mitey Titan Website and any customer account interface accessible therefrom (the “Site”).
1.02
This Agreement constitutes the entire and only agreement between Mitey Titan and a user of the Site (“User”), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the subject-matter of this Agreement.
1.03
Users agree to review this Agreement prior to reviewing any information or obtaining any documents.
1.04
This Agreement may be amended by us from time to time without specific advance notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the site.
Section 2. Copyright
2.01
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.
2.02
The copying, redistribution, use or publication by a User of any such content or any part of the Site, except as allowed by Section 3, is strictly prohibited.
2.03
The User does not acquire ownership rights to any content or document obtained through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Section 3. Limited Right to Use
3.01
The viewing or downloading of any content, form or document grants the User only a limited, non-exclusive license for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.
3.02
No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User’s personal use (but not for resale or redistribution).
Section 4. Use of User Submissions and Postings
4.01
You should not send any confidential information to Mitey Titan via the Site. We will treat user questions, comments, designs and other information received through this Site as non-confidential and may reproduce, use or disclose and distribute such items without notice or obligation to the User, subject to the Mitey Titan Privacy Policy.
4.02
Mitey Titan permits Users to submit designs, blueprints and drawings (“Submissions”) to it via the Site as part of its “Submit your Idea” initiative. Mitey Titan renounces all ownership in Submissions and will use Submissions only as licensed by the User. By making a submission, the User grants Mitey Titan a non-exclusive license to store and reproduce the Submission and to use the Submission as otherwise directed by the User. The User warrants and represents to Mitey Titan that it has authority to grant such license and agrees to indemnify and hold harmless Mitey Titan for third party claims or disputes resulting from Mitey Titan’s reliance on this representation. Submissions and any information provided via the Site will not be treated as confidential information.
Section 5. Editing, Deleting and Modification
5.01
Mitey Titan reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.
Section 6. Non-transferable
6.01
User’s right to use the Site is not transferable. Any password or right given to User to obtain access is not transferable.
Section 7. Disclaimer and Limitation of Liability
7.01
We have tried to include accurate, complete and current information in this Website. However, we make no guarantees or warranties (whether express or implied) about this Site or its contents. The information contained in this Site is provided “AS IS”. We disclaim all responsibility for its use or misuse and assume no responsibility to you or any third party for the consequences of any errors or omissions.
7.02
MITEY TITAN, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE UPON THE CONTENT OF THIS SITE, OR ANY INABILITY TO USE ANY CONTENT ON THIS SITE, OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY MITEY TITAN’S OR ITS AFFILIATE’S OR EITHER OF THEIR RESPECTIVE LICENSORS’, SERVICE PROVIDERS’ OR SUPPLIERS’ NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.
Section 8. Indemnification
8.01
User agrees to indemnify, defend and hold Mitey Titan, its affiliates and their respective officers, directors, employees, or agents harmless from any liability, loss, claim and expense, including reasonable attorney fees, related to a User’s violation of this Agreement or use of the Site.
Section 9. Non-waiver
9.01
Failure of Mitey Titan to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Section 10. Use of Information
10.01
Mitey Titan reserves the right, and User authorizes Mitey Titan, to the use and assignment of all information regarding Site uses by User and all information provided by User in any manner consistent with the Mitey Titan Privacy Policy.
Section 11. Governing Law and Choice of Forum
11.01
These Terms and Conditions are governed by, interpreted and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable to the Province of Alberta, without regard to principles of conflicts of law that would impose a law of another jurisdiction.
11.02
You agree to irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Alberta regarding all matters arising out of these Terms and Conditions or relating to this web site. You hereby waive any objection you may have to the venue being a court of the Province of Alberta.
Section 12. Links to Other Websites
12.01
This site contains links to other Websites. We are not responsible for the content, accuracy, or opinions expressed in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website does not imply approval or endorsement of the linked Website by us.
12.02
If you decide to leave our site and access these third-party sites, you do so at your own risk.
