Legal Notice

Last Updated: November 20, 2008

This is an agreement between you (the “User”) and E-Z-Rect Manufacturing Ltd. (“E-Z-Rect”) regarding your access and use of the E-Z-Rect website at www.ezrect.ca (the “Website”). By accessing or using the Website, you acknowledge and signify that you unconditionally agree to be bound by each provision of this Agreement (including the Privacy Policy). If you do not agree to these terms and conditions, you may not access or use the Website.

DISCLAIMER

YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, MERCHANTABILITY, WARRANTIES OR CONDITIONS RELATING TO ACCURACY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERRORS, CURRENCY, COMPLETENESS OF THE CONTENT CONTAINED ON THIS WEBSITE, THAT THE WEBSITE WILL BE AVAILABLE WITHOUT INTERRUPTION, THAT THE WEBSITE IS FREE FROM VIRUSES, ALL OF WHICH ARE DISCLAIMED BY E-Z-RECT TO THE FULLEST EXTENT PERMITTED BY LAW. ALL INFORMATION IS PROVIDED ON A BEST EFFORT BASIS AND IS SUBJECT TO CHANGE WITHOUT NOTICE.

THIRD PARTY SITES

THIS WEBSITE MAY INCLUDE LINKS OR REFERENCES TO OTHER INTERNET SITES OPERATED BY OTHER PERSONS (COLLECTIVELY, THE “THIRD PARTY SITES”). E-Z-RECT HAS NO RESPONSIBILITY OR LIABILITY FOR OR CONTROL OVER THIRD PARTY SITES OR THEIR CONTENT, AND DOES NOT SPONSOR OR ENDORSE THIRD PARTY SITES. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK.

LIMITATION OF LIABILITY

In no event will E-Z-Rect and its employees and affiliates be liable to you or any other person for any loss, cost or damages whatsoever (including without limitation any loss of profits, information, data or business interruption), whether direct, indirect, incidental, punitive, special, exemplary, consequential, arising from or relating to the Website (including without limitation the Content) or this agreement, even if E-Z-Rect has been advised of the possibility of damages or if such damages are reasonably foreseeable.

If, notwithstanding this agreement, E-Z-Rect is liable to you or any other person, then in no event will E-Z-Rect’s total aggregate liability to you or any other person under any theory of liability (whether in contract, tort, strict liability or any other theory of law or equity) ever exceed $10 (CDN).

YOU HEREBY RELEASE, REMISE AND DISCHARGE E-Z-RECT FROM ALL OBLIGATIONS, LIABILITES, CLAIMS AND DEMANDS IN EXCESS OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You will indemnify, defend and hold E-Z-Rect harmless from and against all liabilities, costs and expenses, including without limitation reasonable legal fees, incurred by E-Z-Rect in connection with your use of the Website, your breach of this agreement, or any wrongful conduct by you.

Ownership and Permitted Use

The photographs, diagrams, images, text, information, software, videos, graphics and other materials on the Website (the “Content”) are protected by Canadian and international intellectual property laws, including without limitation copyright, trade-marks and other proprietary rights, and are the property of E-Z-Rect and other persons, with all rights reserved. E-Z-Rect owns a number of registered and unregistered trade-marks, including without limitation E-Z-RECT, E-Z-RECT & Design, TRIM-LINE. Your use of the Website does not transfer to you any rights in the Website or the Content.

You may use the Website only in the manner permitted in this Agreement and subject to all applicable laws. You may display and print the pages of the Website for your own personal, non-commercial use only and provided that you do not modify the Content or remove any notices, disclaimers or marks. You may not use any trade-marks, including without limitation any logos, displayed on the Website without E-Z-Rect’s prior written permission. Links to the Website without E-Z-Rect’s prior written permission are strictly prohibited. Any reproduction, imitation, mirroring, modification, distribution, framing or other use of the Website or the Content, in whole or in part, is strictly prohibited without E-Z-Rect’s prior written permission.

Privacy

Please click here to view E-Z-Rect’s Privacy Policy which also governs your access and use of the Website.

Purpose of Website

The Website is for informational purposes only, and may not be used to place orders, to buy any products or to give instructions to E-Z-Rect regarding any matter.

Governing Law and Disputes

The provincial laws of the Province of British Columbia and the applicable federal laws of Canada shall govern the use of the Website, and the interpretation of this agreement and all related matters, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. You submit and attorn to the original and exclusive jurisdiction of the courts of the Province of British Columbia, sitting in the City of Vancouver, in any and all dispute between you and E-Z-Rect or any other person arising from the Website.

General

This agreement, including the Privacy Policy, constitute the entire agreement between you and E-Z-Rect relating to your use of the Website, superseding any prior agreements between you and E-Z-Rect relating to your use of the Website. If any provision of this agreement is determined to be invalid or void for any reason, then that provision will be deemed to be severed from this agreement and the remaining provisions will continue in full force and effect. E-Z-Rect’s failure to enforce the strict performance of any provision of this agreement will not be deemed or construed to be consent to a continuing breach or waiver of any provision or right. E-Z-Rect may in its discretion and at any time change, restrict, suspend or terminate the Website or any part of it, and revoke any permission it may give with respect to the Website, at any time and without notice or liability to you or any person.

Any rights not expressly granted by this agreement are reserved to E-Z-Rect. This agreement is subject to change from time to time without notice and without any liability to you or any person.