Gemite Products Inc. (“Gemite”) website (“Website”) is being provided as a service to our customers. The following provisions govern your use of the Website and the materials accessible on or from this site. By using or accessing this Website, you accept and agree to be bound by these provisions. Gemite may revise these provisions at any time, and without prior notice. Revisions will be posted on this page and users are responsible for reviewing the page from time to time to ensure compliance.
Please contact info@gemite.com for any questions regarding our provisions. Permission to use Gemite.com content is granted on a case-by-case basis. Contact us for more details.
Intellectual Property
Gemite owns exclusively all right, title and interest in and to this Website, the services provided by or offered by Gemite, and the confidential and proprietary information comprising or contained in this Website, Gemite’s materials, services, or products. Likewise, any product, process, or technology, contained in individual documents on the Website may be the subject of other intellectual property rights reserved by Gemite, and may not be licensed hereunder.
The contents of this Website are protected by the copyright laws of Canada, United States and international copyright laws and treaties. Copyright © Gemite Products Inc. 2003-2008. All rights reserved. All names, logos, or service marks are registered trademarks and unregistered trademarks of Gemite, and must not be used without the prior written consent of Gemite. Any unauthorized copying, distribution, transmission, performance, transmission or other use of this material (including e-mail addresses) is strictly prohibited.
Use of the Website
Gemite grants you a limited, personal, non-exclusive and non-transferable license to view, use and display the materials on this Website on your personal computer and for informational use, and your internal purposes only.
You are authorized to view and reproduce these materials contained on this Website provided:
- The foregoing copyright notice appears on any copy of these materials or any portion thereof
- This Website or any parts thereof must not be modified in any respect by user
- Gemite does not grant any right or license under any copyright, patent, or trademark of Gemite to any other party.
- Gemite reserves the right to modify or revoke any of the foregoing rights at any time
Except as expressly permitted by these Terms of Use, you may not download, copy, display, perform, reproduce, modify, edit, create derivative works from, or otherwise use the materials on this website in any manner, unless permitted in advance by a written approval of Gemite. You may not modify, or copy the HTML code used to generate web pages on the Website. You may not use the Website, Gemite services on, or in connection with, any other website, for any purpose.
Linking and Framing Policy
This Website is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the Website or the Content posted on the Website without prior written permission from Gemite.
Unless outlined by a specific agreement between you and Gemite, any link created from another Website to the Website must resolve to the top-level homepage of a Gemite domain (e.g. Gemite.com, www.Gemite.com).
Links to Other Websites
Gemite does not make any representations or warranties regarding any other website linked to or from Gemite’s Website. Links to or from these sites do not constitute or imply any endorsement, or sponsorship, by Gemite of these websites or their contents.
Disclaimer of Warranties
Your access and use of this Website and its materials are at your own risk. This Website may include inaccuracies or errors that might affect the quality of the materials on the Website and your use of them. Nothing on this Website shall be construed as an advice, recommendation of any kind, or solicitation offer. Gemite makes reasonable efforts to ensure that the information is accurate and up to date, and reserves the right to revise the information contained on this Website without notice.
This Website and its materials are provided to you on an “AS IS” basis, without warranty of any kind, express or implied. By providing materials or content on this Website, Gemite makes no representation or warranty in connection with this site including but not limited to the accuracy, timeliness, suitability, truth, quality, or completeness of any material, information, product or service contained on the site. GEMITE HEREBY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. IN NO EVENT WILL GEMITE, AFFILIATED COMPANIES OR ANY PARTY INVOLVED IN DESIGNING THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTAL, OR SPECIAL DAMAGES ARISING FROM ANY USE OF THIS WEBSITE OR ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA ON YOUR INFORMATION HANDLING SYSTEM EVEN IF GEMITE IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions do not allow for the exclusion of certain implied warranties, so some of the exclusions above may not apply to you.
Privacy Policy
Gemite takes reasonable precautions to keep all information obtained from the Website visitors secure against unauthorized access and use, and we periodically review our security measures. Do not send any confidential or proprietary information to Gemite through the Website. A confidential relationship is not created between you and Gemite by the transmission of information to Gemite. Any information Gemite receives through its Website, other than your personal identity information, is deemed non-confidential. Personal identity information is used by Gemite only to process a request for information by you or for marketing our products and services. By transmitting information to Gemite through this Website or any other electronic means, you grant to Gemite the unrestricted irrevocable license to use, reproduce, display, modify, distribute and perform such information. Gemite has the right to use the information, including any know-how, techniques or ideas contained therein free of charge, for any purpose whatsoever.
You agree not to take any action that will interfere with or disrupt this Website or Gemite services. You also agree not to transmit any material to this Website that violates applicable law or could give rise to civil liability, including but not limited to use, which may be threatening, defamatory, obscene or libellous. Gemite assumes no responsibility or liability, which may arise from the information transmitted to its Website. Gemite has no obligation to supervise your access or use of this Website or Gemite services, but has the right to do so to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other government body. Gemite may take any action it deems appropriate in its sole discretion, if it becomes aware of, or suspects any inappropriate use of this Website, its materials or submissions, or any violation of law.
Termination
Gemite reserves the right to terminate your access to the Website for any reason and without prior notice.
Information Changes and Accuracy
The information on this Website, including prices and product specifications and availability, may change without notice to you at any time, and may not be accurately or completely stated on the Website.
Indemnification
You are responsible for the information and materials submitted or input, and all other actions, by you or any other person using your user name, or password, to this Website. Materials and information submitted to this Website and unauthorized use of any materials on this Website might violate copyright laws, trademark laws, the laws of publicity and privacy, and other applicable laws. You shall indemnify and hold harmless Gemite and its officers, directors employees, affiliates, agents, licensors and business partners from and against any and all costs, damages, liabilities and expenses (including attorney’s fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that use of the Website by you or any other person using your user name and/or password violates any applicable law or regulation or violates the rights of any third party, including intellectual property rights.
September 28, 2008
