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Acceptance of Terms of Service

ACCEPTANCE OF TERMS OF SERVICE

This is an agreement between PIPE GEAR INC., owner and operator of the website www.pipegear.com (the “Site“), and you, a user of the Site (“User“, “you“, “your” and “yours“).

By using the Site, including the services provided through the Site (the “Services”) you acknowledge and agree to these terms of service (the “Terms of Service”) and to the Privacy Policy, which is incorporated into these Terms of Service by reference. If you choose to not agree with either the Terms of Service, you must refrain from using the Site.

By using the Site, you represent and warrant that you have reached the legal age of your place of residence to enter a contract.

CHANGES TO TERMS OF SERVICE

Right to Change Terms. We reserve the right, in our sole discretion, to change these Terms of Service (“Updated Terms of Service”), from time to time.

Acceptance of Updated Terms of Service. Your use of the Site after the effective date of updated Terms of Service constitutes your agreement to these updated Terms of Service. You should review these Terms of Service and any Updated Terms of Service before using the Site.

Effective Date of Updated Terms of Service. The updated Terms of Service will be effective as of the time of posting of the Site or such later date as may be specified in the updated Terms of Service and will apply to your use of the Site from that point forward.

USE OF THE SITE

Features. The Site allows you to obtain various information about PIPE GEAR INC., including the products and services offered.

Access and Use. During the term of these Terms of Service, PIPE GEAR INC. grants you a personal, limited, non-exclusive, non-transferable right to access and use the Site in accordance with the Terms of Service (“Authorized Purposes”).

Restricted Access and Use. You are not authorized to change, adapt, rearrange, reformulate, or decrypt the content of the Site, in any way whatsoever.

User Conduct. You may not engage in any of the following prohibited activities:

using the Site for purposes other than the Authorized Purposes;

copying, distributing, or disclosing any part of the Site in any medium, including by any automated or non-automated web scraping tools or technique;

using any automated system, including “robots,” “spiders,” and “offline readers”, to access the Site;

transmitting, via the Site, spam, chain letters, or other unsolicited e-mails;

attempting to interfere with the servers running the Site, compromise their system integrity or security, or decipher any transmissions to or from them;

taking any action that, at our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on the Site infrastructure;

uploading invalid data, viruses, worms, or other malware through the Site;

collecting, extracting, or harvesting any personally identifiable information, including account names, from the Site;

impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity;

interfering with the proper working of the Site;

accessing any content on the Site through any technology or means other than those provided or authorized by the Site; 

bypassing the measures that we may use to prevent or restrict access to the Site, including features that prevent or restrict use or copying of any content or enforce limitations on the use of the Services or the content therein; or

otherwise using the Site in contravention of any applicable law.

Investigations and Prosecutions. We reserve the right to investigate any breach of these Terms of Service and to take appropriate remedies to the fullest extent permitted by law.

ELECTRONIC COMMUNICATIONS

Subject to the terms of the Privacy Policy, when you provide us with your email address through the Site, you expressly agree that we will retain your email address in our databases or that we may use this email address in our mailing lists to communicate with you to (i) share with you information and news about PIPE GEAR INC., or (ii) for any other reason relating to the Site, Services or User safety.

INTELLECTUAL PROPERTY

Trademarks. You must obtain written consent from PIPE GEAR INC. before using, reproducing, or imitating, in whole or in part, any PIPE GEAR INC. trademarks, including without limitation all PIPE GEAR INC. trademarks marked by a TM or a ® appearing on the Site.

Third-party Trademarks. Other trade names and trademarks present on the Site appear with the permission of their respective owners, or in accordance with applicable law. Unless otherwise noted, by using a third-party trademark or trade name on this site, PIPE GEAR INC. does not intend to suggest any affiliation with or endorsement of such a third party or its products or services, and PIPE GEAR INC. hereby expressly disclaim any such affiliation or endorsement.

Copyright. All original works reproduced or published on the Site are protected by copyright. The materials contained or accessible through this Site (including, without limitation, all digital images, products, and services offered by PIPE GEAR INC.) shall not be used, redistributed, broadcast, published, copied to any other media, or reproduced for any purpose other than for personal, educational, and non-commercial purposes without the prior written consent of PIPE GEAR INC.. These materials must not be altered, distorted, or used in any way that is detrimental to PIPE GEAR INC.’s image or reputation.

Other Rights. This Site or any part thereof may also be protected by industrial designs or patents. PIPE GEAR INC. reserves all rights to the Site not expressly granted. You agree not to engage in the use, copying, or distribution of any of the Site other than expressly permitted.

No Warranty. PIPE GEAR INC. does not represent or warrant that such materials do not infringe the rights of others.

No License. Nothing contained herein shall be construed as granting, explicitly or implicitly, any license or other right to use the Site materials other than in strict accordance with the terms contained herein.

CONFIDENTIAL INFORMATION

Definition. For the purposes of this Section, « Confidential Information » means any material, non-public, PIPE GEAR INC.-related (including any trade secret) information, whether written or oral, whether it is marked as confidential.

Obligation of Confidentiality. The User must keep confidential all Confidential Information that PIPE GEAR INC. has disclosed to him or her or made available to him or her, directly or indirectly, by any means of communication or observation.

Limited Uses. The User may only use the Confidential Information for the purpose of using the Site.

Non-disclosure. The User may not disclose Confidential Information to a third party, except to the extent that such disclosure:

is permitted by these Terms of Service;

has previously been the object of a signed written consent from PIPE GEAR INC.; or

is required by law.

Notice. The User must promptly notify PIPE GEAR INC. in a timely manner if he or she is required by law to disclose Confidential Information to enable PIPE GEAR INC. to obtain a protective order or other appropriate relief and the User shall cooperate with PIPE GEAR INC. for this purpose. User shall also promptly notify PIPE GEAR INC. if he or she becomes aware of any unauthorized disclosure of Confidential Information.

LINKS TO THE SITE

If you wish to link or republish a document posted on the Site, you shall do so by posting a link to the Site in accordance with the terms of this Section. Unless otherwise set forth in a written agreement between you and PIPE GEAR INC., you agree that such links shall be in accordance with the following:

  1. The appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, or otherwise affiliated to or associated with PIPE GEAR INC. unless you are and, in such an event, the appearance, position, and other attributes of the link must not confuse users as to your actual relationship with PIPE GEAR INC.; and

  2. The link, when clicked on by a user, must display the Site on its own page or tab and not within a frame on the linking website.

PIPE GEAR INC. reserves the right to request the removing or modifying the link at any time and at its sole discretion.

HYPERLINKS

The Site may contain hyperlinks to external websites (the “External Sites“). You acknowledge and agree that PIPE GEAR INC. is not responsible for the availability of these External Sites, nor for the accuracy of the content, products, or services available on these External Sites. Hyperlinks to External Sites do not imply any approval or endorsement by PIPE GEAR INC. of these External Sites. You acknowledge that you assume all risks arising from your use of the External Sites. By using the Site, you expressly release PIPE GEAR INC. from any liability arising from your use of any External Site.

DISCLAIMERS

The Site and all the information it contains are provided to you “as is” and “as available” without any kind, expressed or implied, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the fullest extent permitted by applicable law, PIPE GEAR INC. disclaims all warranties, express or implied, including warranties of non-infringement, accuracy, absence of error or accuracy of content. PIPE GEAR INC. may update the Site without prior notice to the User. Although PIPE GEAR INC. does everything in its power to ensure that the information presented on the Site is complete and accurate, PIPE GEAR INC. cannot guarantee that such information is free of errors, omissions, and inaccuracies.

LIMITATION OF LIABILITY

You acknowledge and agree that you assume all risk arising from your access to or use of the Site, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, PIPE GEAR INC., its affiliates, directors, employees, agents, licensors or successors and assigns, shall in no event be liable for damages of any kind, including without limitation loss of use, loss of profits or loss of data, whether in contract or tort proceedings, or otherwise, resulting directly or indirectly from the use or performance of the Site, including any damage caused by or resulting from the User’s reliance on any information obtained by the Site, or resulting from an error, omission, interruption, deletion of files or emails, defects, viruses, delays in operation or transmission or any failure in execution.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless PIPE GEAR INC., its officers, agents, directors, employees, licensors, and successors and assigns from and against all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Site, or your violation of the Terms of Service or the rights of third parties. PIPE GEAR INC. may assume the exclusive defense and control of any matter for which you have agreed to indemnify PIPE GEAR INC. and you agree to assist and cooperate with PIPE GEAR INC. in the defense or settlement of any such matters.

TERMINATION

Termination by PIPE GEAR INC. PIPE GEAR INC. may terminate or suspend your access to or ability to use the Site and of the Services immediately, without prior notice or liability, for any reason or no reason, including breach of those Terms of Service.

Effect of Termination. Upon termination of your access to or ability to use the Site, your right to use or access the Site will immediately cease.

Survival of Provisions. These Terms of Service’s provisions that by their nature should survive termination shall survive termination, including provisions on Confidential Information, intellectual property, warranty disclaimers, and limitations of liability, indemnification. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to PIPE GEAR INC. or any third party.

MISCELLANEOUS

Applicable laws. The present Terms of Service are governed by and shall be construed in accordance with the laws of Alberta, Canada without giving effect to any principles of conflicts of law. The parties have designated Alberta, Canada as the sole and exclusive jurisdiction for any litigation arising in connection herewith. The parties acknowledge and agree that the United Nations Convention on Contracts for the International Sale of Goods have no application to these Terms of Service.

Entire agreement. These Terms of Service, with the Privacy Policy, constitutes the entire agreement between the parties relating to the subject matter hereof and shall not be modified except in a writing signed by both parties or by PIPE GEAR INC. unilaterally in accordance with the provisions hereof.

Assignment. You may not assign or transfer these Terms of Service or any other right or obligation relating thereto.

Waiver. The negligence or delay by PIPE GEAR INC. to exercise a right, recourse, power, or privilege in accordance with the Terms of Service does not constitute a waiver of such rights, recourses, powers, or privileges. To be valid, a waiver must be made in writing and must be signed by PIPE GEAR INC.. A written waiver to a default cannot be interpreted as constituting a waiver to any other default of the same nature which may occur in the future.

Invalidity or Unenforceability. Even if one or more provisions of these Terms of Service or the Privacy Policy are declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of these Terms of Service or the Privacy Policy; such Terms of Service or the Privacy Policy shall then be interpreted as if the invalid or unenforceable provision had never been a part of these Terms of Service or the Privacy Policy.

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