Terms & Conditions
Terms & Conditions
CAREFULLY READ THIS NOTICE BEFORE YOU USE THIS SITE. IF YOU DO NOT AGREE WITH THE FOLLOWING CONDITIONS OF USE, PLEASE EXIT THIS SITE.
The following are the terms and conditions that govern your use of this website (the “Site”). By using the Site, you agree to be bound by the terms and conditions of this agreement just as if you had manually signed a contract containing them. The Site and these terms and conditions may be updated by us from time to time without notice to you. Your continued use of this Site will constitute your acceptance of these terms and conditions, as modified. You will be bound by such changes.
You may not contest the validity, enforceability or admissibility of hard copy printouts of this Agreement. Copies of this Agreement, if introduced as evidence in tangible form in any judicial or administrative proceedings, will be admissible to the same extent and under the same conditions as other business records originated and maintained in documentary form.
The contents of this Site including, but not limited to, the design and “look and feel” thereof and all of the content featured or displayed thereon, and all text, graphics, photographs, images, moving images, animation, sound, illustrations and software and compilations thereof is the exclusive property of AirBoss of America Corp. The compilation of all intellectual property on this Site is the exclusive property of AirBoss of America Corp. and protected by Canadian, U.S. and international copyright laws. For greater certainty, all rights in and to the trademarks, trade names, product names, company names, service names, trade dress, logos, product packaging and designs of all products or services on this Site, whether or not appearing in large print or with a trademark symbol belong exclusively to AirBoss of America Corp. or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under Canadian, U.S. and international trademark and copyright laws. The use or misuse of these marks, except as permitted herein, is expressly prohibited.
Users of the Site may not commercially exploit, or otherwise transmit, copy, publish, disclose, place on a web site for view, republish, or reproduce all or any part of the Site in any manner whatsoever, whether electronically on the Internet or otherwise. Use of this Site does not include any resale of this Site or its contents; any collection of product listings; descriptions or prices; any other derivative use of this Site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not use any meta tags or any other “hidden text” utilizing AirBoss of America Corp.’s name or trademarks without the express written consent of AirBoss of America Corp. Any unauthorized use of this site and/or its contents terminates the permission or license granted by AirBoss of America Corp.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of AirBoss of America Corp. so long as the link does not portray AirBoss of America Corp., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter, as determined by AirBoss of America Corp. in its sole and absolute discretion.
All Site contents are subject to change without notice. If you require further information concerning the Site’s contents, or if you wish permission to use, to reproduce, or to republish any Site contents, other than as stipulated herein, please contact: email@example.com.
AirBoss of America Corp. cannot, and does not, guarantee or ensure either the accuracy, completeness or authenticity of any Site content, Site functionality, or the transmission of any Site content from the Site to you. Certain aspects of the Site may have been prepared by persons other than AirBoss of America Corp. and other web sites that may be accessed from this Site by hypertext links are entirely independent of the Site. AirBoss of America Corp. does not control, nor is it responsible for, the contents of any web sites that may be accessed from this Site by a hypertext link. The inclusion of any Site acknowledgements, the identification of any person or entity in the Site, or any hypertext link to another person or entity are included in the Site as a convenience to you and shall not, in any manner, be construed or relied upon by you as an approval, sanction, endorsement or incorporation by reference into this Site, of such person’s or entity’s web site, products, services, or information. The inclusion of the hypertext links does not imply that AirBoss of America Corp. is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the hypertext linked site. AirBoss of America Corp. reserves the right to terminate any hypertext links to other web sites at any time.
The material presented on this Site is not intended to modify, qualify, supplement or amend any information disclosed under corporate and securities legislation of any jurisdiction.
All Site content is strictly for your personal use only, and no aspect of the Site shall constitute an offer to buy or sell products of AirBoss of America Corp. and its affiliated companies. The Site does not, and it is not intended to, provide any advice and shall not be relied upon by you in that regard. AirBoss of America Corp.’s products are available only in jurisdictions where they may be lawfully offered for sale. All AirBoss of America Corp. products shall be subject to the terms and conditions of any applicable agreements.
This Site, and contents downloaded from this Site, may contain infections, computer viruses, worms, Trojan horses, errors, bugs or other programs and codes that manifest contaminating or destructive properties, or unauthorized information. You agree that your use of the Site shall be on an “as is” basis and entirely at your risk. As a condition of your use of the Site, you represent and warrant to AirBoss of America Corp. that you shall not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Neither AirBoss of America Corp., nor any of its affiliated companies, nor any officer, director, or employee thereof, nor any other person associated with the creation of the Site or its contents, shall be liable or responsible to any person for any harm, loss or damage that may arise in any connection with your use of the Site, including without limitation any direct, indirect, special, third party, or consequential damages regardless of how any such liability may arise, whether in contract, tort, negligence, equity or otherwise. To the fullest extent permissible by applicable law, AirBoss of America Corp. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, warranties against infringement of any third party intellectual property or proprietary rights, warranties relating to the accuracy, correctness, currency, timeliness or completeness of any information or data. Without limiting the foregoing, AirBoss of America Corp. shall not be responsible for any detrimental reliance that you may place upon the Site, information contained herein, or its contents whatsoever. Certain federal, state or provincial laws may 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 might have additional rights.
You agree to, upon request, indemnify and hold us harmless from any and all liabilities, claims, losses and expenses, including attorneys’ fees, which arise directly or indirectly from any breach of these Terms & Conditions for which you are responsible, or from your use of this Site.
Sections of this Site contain forward-looking statements which reflect management’s best judgment based on factors currently known but involve significant risks and uncertainties. Actual results could differ materially from those anticipated in these forward-looking statements as a result of a number of factors, including but not limited to risks more fully described in the “Risk factors” section of the Company’s Annual Report and other risks detailed in filings with the Ontario Securities Commission. Forward-looking information should be evaluated in the context of these factors.
Material contained in the “Investors” section of this Site is for information purposes only and is not intended, and should not be construed or relied upon by you, to constitute the marketing, promotion, solicitation, purchase, sale, trade, dealing or offering of securities of AirBoss of America Corp. in any jurisdiction whatsoever. Such information should not be used by you for any commercial or transactional purposes, and should not be relied upon by you for the purpose of making investment decisions with respect to AirBoss of America Corp.
The Site shall neither be used, nor relied upon by you, as a substitute for your independent research or professional advice that you should secure concerning AirBoss of America Corp.
You acknowledge and confirm that complete confidentiality and security is not yet possible over the Internet, and that the Internet is not a secure medium where privacy can be ensured. Your confidential use of the Site cannot be guaranteed, and you acknowledge and agree that your use of the Site (including information you transmit to the Site) may be subject to access by, or disclosure to, other persons. Without limiting any other disclaimer herein, AirBoss of America Corp. shall not be responsible or liable for any harm or damages that you, or any other person, may suffer in any connection with any such breach of confidentiality or security.
Copyright ©, 2018, AirBoss of America Corp., All rights reserved. AirBoss of America Corp. shall legally enforce its rights concerning the Site in the event of any interference, infringement or contravention of AirBoss of America Corp.’s rights, title or interest in any aspect of the Site. The display of trademarks herein does not imply that a license of any kind has been granted.
Your use of this Site shall be exclusively governed by the laws of the Province of Ontario, Canada. The Courts of the Province of Ontario, Canada shall have sole jurisdiction over your use of this Site, and you agree to attorn and submit to such exclusive jurisdiction. No other courts, tribunals, administrative authority or judicial body shall have any jurisdiction over this Site or your use of this Site.
The failure of AirBoss of America Corp. to enforce any provisions of these terms and conditions or to respond to a breach by you or any third party of these terms and conditions shall not in any way waive the right of AirBoss of America Corp. to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
If any provision of these Terms & Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.
AirBoss of America Corp. reserves the right, at its sole discretion, to terminate your access to all or any part of this Site, with or without notice.
USE OF THIS WEB SITE SIGNIFIES YOUR AGREEMENT TO THESE CONDITIONS OF USE.
Last Updated: 11/04/2021