Terms of Use

 

1.Terms of Use

This Site is an online information and communications service provided free of charge by Nuteck Mechanical Services Inc., subject to your compliance with the terms of use set forth below. Please read this document carefully before accessing or using this site. By accessing or using this site, you agree to be bound by the terms of use set forth below. If you are under eighteen (18) years of age, a parent or guardian must agree to be bound by these terms of use on your behalf. If you do not wish to be bound by these terms of use, you may not access or use this site. Nuteck Mechanical Services Inc. may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of this site shall be deemed your conclusive acceptance of the modified agreement.

You understand that Nuteck Mechanical Services Inc. cannot and does not guarantee or warrant that files available for viewing through this site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. You assume total responsibility and risk for your use of this site and the Internet. Nuteck Mechanical Services Inc. is not responsible for the content of the Internet or World Wide Web pages that are contained outside of this site, whether or not linked to the Nuteck Mechanical Services Inc. site. Nuteck Mechanical Services Inc. does not regularly review materials posted on the sites to which it is linked and therefore disclaims all responsibility for materials on such sites and specifically does not endorse any materials which may appear on such linked sites.

NO WARRANTIES, LIMITATION OF LIABILITY. THIS SITE IS PROVIDED ON AN “AS IS”, AS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, NUTECK MECHANICAL SERVICES INC.DOES NOT WARRANT THAT THE SITE, OR ANY LINKS TO THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR ANY LINKS TO THE SITE WILL BE CORRECTED. Nuteck Mechanical Services Inc. also assumes no responsibility, and shall not be liable for any such damages to or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites. IN NO EVENT SHALL NUTECK MECHANICAL SERVICES INC.OR ANY OTHER PARTY, INVOLVED IN CREATING, PRODUCING, MAINTAINING, OR DELIVERING THE SITE, OR ANY OF THEIR AFFILIATES, OR THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS OF EACH OF THEM, BE LIABLE FOR ANY COST OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY WHATSOEVER, ARISING DIRECTLY OR INDIRECTLY OUT OF ANY TRANSACTION OR MERCHANDISE RELATED OR PROVIDED THROUGH THIS SITE OR ANY SITE LINKED TO NUTECK MECHANICAL SERVICES INC.OR IN CONNECTION WITH THE USE OR INABILITY TO USE OR PERFORMANCE OF, OR YOUR BROWSING IN, OR YOUR LINKS TO OTHER SITES FROM, THIS SITE.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, this site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with Nuteck Mechanical Services Inc., Nuteck Mechanical Services Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Nuteck Mechanical Services Inc. Nuteck Mechanical Services Inc. has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Nuteck Mechanical Services Inc. sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Nuteck Mechanical Services Inc. seeks to protect the integrity of its site and the links placed upon it and therefore requests any feedback on not only its own site, but on those sites it links to as well (including if a specific link does not work). You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

 

  1. Indemnification

You agree to indemnify, defend and hold harmless Nuteck Mechanical Services Inc., their affiliates and the officers, directors, employees, agents, licensors, suppliers of each of them, and any third party information providers to Nuteck Mechanical Services Inc. from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you or any activity related to your use of this site (including negligent or wrongful conduct).

 

  1. Termination

Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Terms of Use), 2 (Indemnification) and 7 (Miscellaneous) shall survive any termination of this Agreement. Nuteck Mechanical Services Inc. may modify or discontinue this site with or without notice to you and without liability to you or any third party.

 

  1. Confidentiality of Information

Although Nuteck Mechanical Services Inc. will use all reasonably efforts, to safeguard the confidentiality of any information it may collect or which may be available on the Site relating to your order, Nuteck Mechanical Services Inc. will have no liability for disclosure of any such information obtained due to errors in transmission, lapses in online security or unauthorized or improper use of such information by a third party.

 

  1. User Name and Password

You are responsible for maintaining the confidentiality of your user name and password. You shall be responsible for all uses of your membership, whether or not authorized by you. You agree to immediately notify Nuteck Mechanical Services Inc. of any unauthorized use of your user name or password. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant to Nuteck Mechanical Services Inc. You further agree not to use an inappropriate user name of any kind.

 

  1. Intellectual Property

Unless otherwise noted, product names, designs, logos, titles, text, images, audio and video within this Site are the trademarks, service marks, trade names, copyrights or other property of Nuteck Mechanical Services Inc. (“Nuteck Mechanical Services Inc.’s Intellectual Property”). All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Nuteck Mechanical Services Inc.’s Intellectual Property displayed on the Site without the written permission of Nuteck Mechanical Services Inc.

 

  1. Miscellaneous

You agree that any legal action or proceeding between Nuteck Mechanical Services Inc. and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in Ontario. Any cause of action or claim you may have with respect to Nuteck Mechanical Services Inc. must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Nuteck Mechanical Services Inc.’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Nuteck Mechanical Services Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.