Terms and Conditions
YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING.
1. Agreement between You and Triflex Fluid Power Inc.
Triflex Fluid Power Inc. and its affiliates, and their successors and assigns (collectively referred to as “Triflex”), is a company that sells complete heat transfer solutions to the global market. The purpose of this website (the “Site”) is to provide information on Triflex’s distinct and versatile product designs and advanced manufacturing technologies. The terms, conditions and notices contained herein, constitute an agreement between you and Triflex (the “Agreement”) regarding your use of the Site. Triflex has made reasonable efforts to make the Agreement available to you either through the Site and/or other means of communication. By accessing the Site, you accept the Agreement. If you do not accept the Agreement, in its entirety, you must not access or use the Site.
2. Modification of the Agreement
Triflex reserves the right to modify this Agreement from time to time, for any reason. When such changes occur, you will see the word “Updated” next to the link to this Agreement on the introductory page of the Site for a period of at least thirty (30) days from such update. Additionally, the date when this Agreement was last updated will also appear at or near the top of any page within the Site on which this Agreement is displayed. Please review this Agreement from time to time so you will be apprised of any changes. After any change to this Agreement, Triflex may, but is not obliged to, ask you to actively confirm your agreement with the revised Agreement. If Triflex does not do so, but you continue to use the Site after the changes come into effect, you will be deemed to have agreed to abide by the revised Agreement. If you do not agree with the revised Agreement without qualification, you must discontinue using the Site and, if applicable, instruct Triflex to disable any usernames and passwords assigned to you.
3. Contracting Party with Authority
For the purposes of this Agreement, you shall be deemed to have capacity and authority or apparent capacity and authority to accept the Agreement. You accept responsibility for any fraudulent activity resulting from an impersonator or an unauthorized person without capacity and authority to accept the Agreement.
4. Use of Triflex Product-Related Information
Triflex offers product-related information which may include information provided by a third party. The inclusion of any information or hyperlink does not imply that Triflex endorses any of the content including news, opinions, advice, statements and advertisements of the third party website. These sites are not under the control of Triflex, and by accessing them, you do so at your own risk. Triflex is not responsible for webstreaming or any other form of transmission received from any third party site, nor is Triflex responsible if the third party site is not working appropriately. Any transactions that take place between you and the third party, are directly with the third party, and Triflex cannot be held responsible for any loss or damage you may incur as a consequence thereof.
5. Intellectual Property
You acknowledge that any and all information, content, links, reports, data, databases, e-mails, code, photographs, pictures, video, files, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos, trade names, or other materials contained on the Site (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Triflex or its licensors, as the case may be. Except as expressly provided, you are not granted any rights in or to the Content available on or via the Site. All such rights remain with their respective owners.
To the extent that any jurisdiction applicable to this Agreement has a notice and take-down scheme like the one set out in the United States’ Digital Millennium Copyright Act (“DMCA”), upon receipt of any notice alleging infringement that complies with such a scheme, Triflex will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Triflex may attempt to contact the person who has posted such material in order to give that person an opportunity to respond to the notification, although Triflex makes no promise to do so. Any and all counter notifications submitted by that person will be furnished to the complaining party.
Notices of claimed infringement should be directed to:
Triflex Fluid Power Inc.
2899 Portland Drive
Oakville, Ontario Canada
Please put “Notice of Infringement” in the subject line of all such notifications, and include in each such notice a reasonable description of the materials alleged to be infringing and the proprietary rights alleged to have been or being infringed.
6. WARRANTY DISCLAIMER
CONTENTS ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES OR CONDITIONS WHATSOEVER. Triflex EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Triflex MAKES NO WARRANTY THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SAHARA OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE CURRENT, ACCURATE AND RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
Triflex IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE FROM THE SITE.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL Triflex, ITS LICENSORS, SUPPLIERS, AND ANY RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU OR ANY PERSON ON ACCOUNT OF YOUR OR THAT PERSON’S USE OR MISUSE OF AND RELIANCE ON THE CONTENT OR OTHER MATERIALS ACCESSIBLE ON OR VIA THE SITE.
IN NO EVENT SHALL Triflex, ITS LICENSORS, SUPPLIERS, AND ANY RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU OR ANY PERSON WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE.
Triflex, ITS LICENSORS, SUPPLIERS, AND ANY RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR ANY THIRD PARTY MAY SUFFER AS A RESULT OF THE TRANSMISSION, STORAGE OR RECEIPT OF CONFIDENTIAL, PERSONAL OR PROPRIETARY INFORMATION THAT YOU MAKE OR THAT YOU EXPRESSLY OR IMPLICITLY AUTHORIZE Triflex TO MAKE, OR FOR ANY ERRORS OR ANY CHANGES MADE TO ANY TRANSMITTED, STORED OR RECEIVED INFORMATION.
Triflex ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THE SITE. THE CONTENT ON THE SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. Triflex, ITS LICENSORS, SUPPLIERS, AND ANY RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES ARE NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. Triflex, ITS LICENSORS, SUPPLIERS, AND ANY RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES DISCLAIM ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SITE. ACCESSING THE SITE OR THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
The limitations specified above shall apply regardless of the causes or circumstances giving rise to the claim, even if such claim is based on breach of contract, negligence or other tort, and shall survive a fundamental breach or failure of essential purpose of any limited remedy or this Agreement.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Site must be filed within one (1) year after such claim or cause of action arises, or it will be permanently barred.
You agree at all times to indemnify, defend and hold harmless Triflex and its licensors, suppliers, and any respective directors, officers or employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Triflex directly or indirectly in respect of (i) any information or other content you provide on or through the Site or by e-mail or other correspondence; or (ii) your use or misuse of the Content or the Site, including without limitation infringement claims.
10. Applicable Laws
The Site is controlled by Triflex in Oakville, Ontario, Canada. By accessing the Site, you agree that any legal matter that may arise between you and Triflex relating to the Contents of the Site shall be governed by the laws of the Province of Ontario, Canada and exclusively by its courts without reference to the conflict of laws provision. The parties agree to attorn to the jurisdiction of the courts of the Province of Ontario for the conduct of any legal proceedings under, or related to, this Agreement. Triflex makes no promise that anything on the Site is appropriate or available for use in locations outside Canada. The Site and its Contents are intended for use only in jurisdictions where they may lawfully be offered for use.
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
Triflex may assign this Agreement, in whole, or in part, at any time, with or without notice to you. You may not assign your rights or delegate your duties under this Agreement, either in whole or in part, without the prior written consent of Triflex.
13. Copyright Notice and Trademark Information
Unless otherwise indicated, information contained in this site is Copyright © 2006, Triflex Fluid Power Inc. All rights reserved.
Other names appearing on the Site may be trademarks of their respective owners.
14. Contact Information
If you have any questions regarding this Agreement, please contact Triflex at ask@Triflexheatexchangers.com
Triflex Fluid Power Inc.
110 Lancing Unit 1
Hamilton, Ontario L8W 3A1
Fax: 716-283 8781