Terms and Conditions - AixSafety.com

Please read these terms and conditions of use (“Terms and Conditions”) of the Aix Safety website (the “Site”) carefully. By using the Site, you agree to accept the Terms and Conditions.

You should revisit this page from time to time as your use of the Site is subject to the most current version of the Terms and Conditions posted on the Site at the time of such use.

If you do not wish to be bound by these Terms and Conditions, please do not access or use this site.

Your Right to Use This Site
Provided that you comply with the Terms and Conditions, you have the right to use this Site to (a) view various materials, including information, documents, and other content (collectively, the “Materials”), and (b) access Aix Safety services.

If you receive an e-mail message that contains a link to the Site or embedded links that recreate a page from the Site in your e-mail reader or in a web browser, you become subject to these Terms and Conditions upon activating the link or opening the message, and all prohibitions and disclaimers herein apply to you.

Aix Safety reserves the right to restrict, suspend or terminate your access to all or part of the Site or to require you to immediately destroy any Materials you have downloaded or printed from the Site, at any time for any reason, without prior notice or liability, and at Aix Safety’s sole discretion.

Ownership of Materials
Aix Safety and its suppliers own the Materials on the Site. They are copyrighted and protected by Canadian and international intellectual property laws, treaties and conventions. You may not copy, reproduce, photocopy, store, adapt, modify, display, perform, transmit, frame, distribute, resell, commercially exploit or otherwise use the Materials, except as expressly permitted herein, without the prior written permission of the relevant rights holder(s). You may download and print a copy of the material on the Site for non-commercial, personal use.

The trademarks of Aix Safety and others used on the Site are the property of Aix Safety or their respective owners. You may not use any trademark displayed on the Site without the written permission of Aix Safety or the respective owner.

Your use of the Site is conditioned on your abiding by all notices of copyright, trademark and other proprietary rights appearing in the Materials. You are forbidden from removing or altering any such notices in whole or in part from Materials you print or download. The doing of an unauthorized act in relation to a copyrighted work may result in either or both a civil claim for damages and criminal prosecution.

Communications
You are solely responsible for the legality of all information and other content you send to the Site (“Communications”). You are prohibited from sending Aix Safety any unlawful, threatening, libellous, defamatory, obscene, pornographic, or any other Communications that would violate any law or the rights of others.

Where Aix Safety solicits your Communications for any purpose or creates a mechanism to allow you to post Communications to the Site, Aix Safety will have the right, but not the obligation, to review any such Communications to ensure that they comply with the Terms and Conditions and any applicable laws or regulations. Aix Safety reserves the right to edit or delete Communications at its sole discretion, without notice and without liability. Aix Safety will comply with any court order directing it to disclose the identity of anyone sending or posting Communications of any kind to the Site.

Links and Third-Party Services
From time to time, Aix Safety may provide links from the Site to other sites (“Linked Sites”) or make the services or programs of third parties (“Third-Party Services”) available on or through the Site. This is done solely as a convenience for you and should not be considered an endorsement of or acceptance of responsibility or liability for the Linked Site or Third-Party Service. Site visitors use Linked Sites and Third-Party Services at their own risk and are advised to take standard business precautions before entering into contractual relationships with other parties.

You may create a hyperlink from your webpage to the Site only if your website does not:

imply that Aix Safety is endorsing your site, services or products;
misrepresent your relationship with Aix Safety;
contain content that could be viewed as distasteful, obscene, offensive or controversial, or inappropriate for all ages;
portray Aix Safety or its products or services, in a false, misleading, offensive or objectionable manner.

Aix Safety may request that you remove any link to the Site. Upon receipt of such request, you shall immediately remove the link.

Applicable Laws
This Site is operated and controlled by Aix Safety from its offices within the Province of Ontario, Canada. Still, it can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing the Site, you agree that the laws of the Province of Ontario, and the laws of Canada applicable therein, without regard to conflicts of law provisions, will apply to all matters that arise out of or in connection with the Site. You also agree to submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario regarding these matters.

Aix Safety makes no warranty or representation that any or all Materials and Aix Safety Services provided on the Site, or any other materials or services referenced therein, are lawful in other jurisdictions or available for use in all jurisdictions. Accessing these Materials or Aix Safety Services from territories where they are illegal is prohibited. You agree that if you access the Site from another jurisdiction, you are responsible for compliance with local laws.

If any provision of the Terms and Conditions is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions. The parties agree that this agreement and all related documents be written in the English language.

Disclaimer
Except as otherwise noted, the materials and Aix Safety services provided on this site are provided “as is” by Aix Safety, without any warranties or representations of any kind, including warranties and conditions of merchantability, fitness for a particular purpose, title or non-infringement of intellectual property.

Applicable laws may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent permissible, any implied warranties or representations are limited to the fullest extent permitted by law. Aix Safety makes no warranties or representations of any kind regarding Linked Sites or Third-Party Services accessible by means of the Site or described in the Materials. Aix Safety also takes no responsibility for viruses that may damage your computer system or data resulting from your access to or use of the Site.

Although reasonable efforts are used to ensure that the Site will be current and will contain no errors or inaccuracies, Aix Safety does not warrant or represent the accuracy and completeness of the Materials on the Site. Aix Safety may make changes to the Materials on the Site at any time without notice. The Materials on the Site may be out of date, and Aix Safety makes no commitment to update the Materials.

The Materials published on the Site (“Reference Materials”) are general in nature and intended for educational purposes only. They were developed from sources believed to be reliable, current, and the best current opinion on the subject at the time of development. Aix Safety makes no warranty, representation or guarantee as to the correctness or sufficiency of any representation contained in the Reference Materials, and you should not assume that all acceptable safety measures are contained therein or that other or additional measures may not be required in particular or exceptional conditions or circumstances. The Reference Materials are not intended to substitute for professional advice and should not be relied upon for medical, legal or financial decisions. You should consult with an appropriate professional for specific advice tailored to your situation.

Limitation of Liabilities
In no event will Aix Safety, or its suppliers, be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any linked sites, or the materials or services contained or provided through any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not Aix Safety is advised of the possibility of such damages. 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.

Indemnification
You agree to defend, indemnify and hold harmless Aix Safety and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with your use of the Site, your viewing or downloading of Materials from the Site, your use of Aix Safety Services provided on the Site, or your Communications to the Site.

Limitation of Liability
To the full extent permitted by law, Aix Safety shall have no liability to you or any other person or entity for damages of any kind arising out of the delivery, delay in delivery, or use of products purchased from Aix Safety. Liability for Aix Safety’s failure to deliver a paid product to the agreed carrier is limited to a refund of the product price, applicable taxes, and any unused shipping, handling or insurance charges paid to Aix Safety. Aix Safety will not be liable for the cost of procurement of substitute goods by you or any other person or entity. The limitations in this section will apply, where permitted, notwithstanding the failure of the essential purpose of any warranty remedy.

Return Policy
All sales are final. Prices are subject to change without notice. Any defective or incomplete product may be returned for exchange only within thirty (30) business days of receipt. Aix Safety will assume all shipping costs related to only defective or incomplete items. There are no returns on CD-ROM or web-based products. The customer must contact Aix Safety Customer Service at info@aixsafety.com to obtain authorization for any returns. Any products returned to Aix Safety without prior authorization will be refused on delivery.

Product Changes & Availability
Products may not be exactly as shown or described. Aix Safety does not guarantee that all Products advertised on the Site will be available at all times. Aix Safety reserves the right to limit quantities.

Validity
Sales transactions are void wherever such transactions are prohibited. In addition to the Applicable Laws provisions herein, the parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.