If you have any questions regarding this User Agreement, please contact us by e-mail at sales@controlandmetering.com or at 905-795-9696.

General Disclaimers

Control and Metering Limited ('C&M") makes no representation, warranty or condition of any kind with respect to the subject matter included herein, the products listed herein, or the completeness, timeliness or accuracy of the data, information or other content contained in this Website ('Contents'). C&M may make changes to the Website or Contents at any time in its sole discretion without notice, but make no representation, warranty or condition to update the Content or to update the Content at any particular time.

Links embedded in, or accessed through, the Website may lead to third party websites, products, or services. C&M are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by C&M with respect to any such websites, products, or services. Further, you acknowledge that your access and use of any such websites and any dealings with any persons in relation to any such products or services available from or through such websites are entirely at your own risk. C&M do not review on a systematic basis or in detail e-mail addresses and websites linked to this Website, and are not responsible for the contents of any such linked e-mail address or website. The inclusion of any link does not imply endorsement by C&M of the 'linked' e-mail address or website. Use of any such link is solely at the user's risk.

All submissions, comments, ideas, and correspondence provided to C&M related to the Website will be received by it on a non-confidential basis and become the property of C&M. C&M reserves the right to use such information on an unrestricted basis in its sole discretion.

Limitation on Use

By using this Website you agree to each of the terms and conditions ('Terms and Conditions') set out in this User Agreement. If you do not agree with all Terms and Conditions you are not entitled to use the Website or otherwise access its Contents. Your use of the Website constitutes your agreement to all Terms and Conditions. C&M reserve the right to modify at any time the Terms and Conditions or any of the terms or conditions under which the Website is offered. You are responsible for regularly reviewing this User Agreement. Your continued use of the Website and its Contents constitutes your agreement to all such Terms and Conditions as modified.

The Website and its Contents are made available by C&M for your personal use. You may not use the Website or its Contents for any purpose that is illegal or prohibited by this User Agreement. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or its Contents or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking, password mining, or any other means. You may not attempt to obtain any materials or information through any means not intentionally made available through the Website. Reproduction, transfer, distribution or storage of part or all of the Contents of this Website in any form without the prior written permission of C&M is prohibited, except in accordance with these Terms and Conditions. C&M consents to your browsing this Website on your computer or storing the pages of this Website on your computer, or printing copies of extracts from these Website pages, for your personal use only and not for redistribution, unless otherwise consented to in writing by C&M. The limited consent granted in these Terms and Conditions shall terminate automatically if you breach any of these Terms and Conditions. Upon any such termination, you must immediately destroy any disk loaded copies of the pages of the Website, or applicable printed materials. Individual documents in any pages of this Website may be subject to additional terms indicated in those documents. Unauthorized use of the materials displayed on this Website may violate copyright, trademark, industrial designs, privacy, publicity and/or communications laws and regulations.

Licence, Copyright, Trademark and Other Restrictions

This Website does not confer and shall not be construed as conferring upon anyone any licence under any of C&M's or any third party's intellectual property rights, other than the limited consent contemplated above.

The Website and its Contents are protected by copyright, trademark and other intellectual property laws. Except for certain Contents that may be owned by third parties authorizing and/or licensing C&M's use of such content on this Website, C&M owns copyright in the individual elements of Contents, as well as in the selection, coordination and arrangement of this Website and its Content. All rights, including electronic, to all the material in the pages of this Website are hereby reserved by C&M worldwide in all media, in all forms and formats. Such rights are fully protected by copyright whether registered or not. You may not remove, modify or obscure any proprietary rights notices or legends appearing anywhere in the Website or in any materials or content downloaded, printed, electronically copied, or otherwise transcribed therefrom. C&M's copyright claim is unlimited and not restricted in its applicability and includes all contingencies. Any inquiries should be directed to Control and Metering Limited, 1815 Meyerside Drive, Unit 1, Mississauga, Ontario, Canada, L5T 1G3.

Certain names, graphics, logos, icons, designs, words, titles or phrases in the Website may constitute trade names, trademarks or service marks of C&M or other entities. Unless otherwise indicated, C&M is the owner of all right, title, and interest in Canada and elsewhere to the trademarks used in the Website and such trade marks shall not be reproduced or used in any manner other than expressly authorized in writing by Control and Metering Limited.

Security and Confidentiality

The Internet is not a secure medium for communication, and total security and confidentiality of information over the Internet is not possible. Accordingly, C&M does not represent, warrant or guarantee that Content or any other information contained in the Website, or in electronically communicated correspondence ('e-mail') between you and C&M will remain confidential, and hereby disclaims all liability for security breaches to the Website or its Contents, including theft, misappropriation, and defacement of the Website, e-mail or any of their contents, between and among you and C&M. Without limiting the generality of the foregoing, C&M will not be responsible for any damages that you may incur if you communicate information (whether confidential or not) to C&M or if C&M communicates confidential or other information to you by e-mail or otherwise, and this information is intercepted, altered, republished or used in any manner whatsoever by a party to whom it was not intended to be disclosed.

Disclaimer of Representations and Warranties

You acknowledge and agree that your use of the Website, its Contents and services resident therein is at your sole discretion and risk, and that the Website, its Contents, and services are made available strictly and only on an 'as is' basis. C&M hereby disclaims, to the fullest extent provided by law, all representations, conditions and warranties of any kind, whether expressed or implied, including, but not limited to implied warranties or conditions of merchantability, title, fitness for a particular purpose, and non-infringement. C&M makes no representations, conditions or warranties that either the Website will meet your requirements, or that any services associated with the Website will be available on an uninterrupted, timely, secure or error free basis.

Limitations of Liability

You acknowledge and agree that C&M and their respective directors, officers, principals, partners, employees, agents and permitted assigns (collectively, 'the C&M Parties') shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages or for loss of profits, goodwill, use, data or any other commercial or economic loss of any kind arising out of or in any way connected with the subject matter of this User Agreement or otherwise arising out of or in any way connected with the use of the Website, including the use or misuse by any person of the information and content set out in the Website, even if C&M have been advised of the possibility of such damages or even if same were reasonably foreseeable, resulting from: (i) the use or the inability to use the Website; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Website; or, (iv) any other matter relating to the Website. No advice or information, whether oral or written, obtained by you from the use of the Website will create any representation, condition or warranty that is not otherwise expressly stated herein.

If the foregoing exclusion of liability is found by a court of competent jurisdiction to be illegal or unenforceable, then in no event will the entire liability of the C&M Parties for all damages for claims by you or by any third party arising from or in any way related to this User Agreement or the use of the Website (whether in contract, tort including negligence or otherwise) exceed, in the cumulative aggregate Cdn$100.

This User Agreement and the relationship between you and C&M shall be governed by the laws of the Province of Ontario without regard to its conflict of interest provisions. You and C&M hereby agree to submit and attorn to the non-exclusive jurisdiction of the courts located within the judicial district of Toronto Region, Ontario in the event of any legal proceeding by Control and Metering Limited against you. Further, you and C&M hereby agree to submit and attorn to the exclusive jurisdiction of courts located within the judicial district of Toronto Region, Ontario in the event of legal proceedings against C&M.

Limitation Period

You acknowledge and agree that, unless prohibited by law, any claim or cause of action arising out of your use of the Website or otherwise related to the subject matter of the Website must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

Severability

Any provision in this User Agreement which is held to be illegal or unenforceable by a court of competent jurisdiction shall be ineffective to the extent of such illegality or unenforceability without invalidating the remaining provisions and any such illegal or unenforceable provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law.