TERMS AND CONDITIONS OF USE

General

Information about the use of this website is set out below. This website and its contents are the sole and exclusive property of Mott Manufacturing Ltd. ("Mott"). Mott permits you to use this website subject to your complying with and agreeing to the following terms and conditions. By accessing or using this website, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not access or use this website and exit immediately. If you do accept these terms and conditions you may proceed to use the website and may print and retain a copy of these terms and conditions for your own file. The following terms and conditions may, however, be amended from time to time without notice to you and accordingly you are responsible for reviewing them each time you enter this website. Your continued use of this website following the posting of changes will mean that you accept and agree to the changes. In addition to these terms and conditions you agree, by using this website, to be bound by any other guidelines or rules that may be posted on this website from time to time. All such guidelines or rules are hereby incorporated by reference into the following terms and conditions. Mott reserves the right at any time and from time to time for any reason to modify, suspend or terminate, temporarily or permanently, all or part of this website without prior notice. Mott shall not be liable to any user of this website or any third party for any modification, suspension or termination of this website.

Access to Restricted Areas

Access to certain areas of this website are restricted and require an account number, identification code and password issued by Mott. Once a Mott account number, identification code and password have been issued to you, you are responsible for ensuring that such information is kept confidential and for preventing its unauthorized use. You agree to notify Mott immediately of any unauthorized use of your account number, identification code or password. Notwithstanding your notification to Mott of the unauthorized use of your account number, identification code and or password, you agree to be responsible for all activity on your account and for all losses suffered or incurred by Mott or any other user of or visitor to the website as a result of any unauthorized use. You agree not use anyone else’s Mott account number, identification code and or password at any time without the express written permission of the holder. Mott will not be liable for any loss or damage arising from your failure to comply with these obligations. You hereby agree that any and all information submitted by you on this website using your account number, identification code and password shall be complete, true and accurate in all respects.

Mott may, in its sole discretion without notice to you, de-activate your account number, indentification code and or password and terminate your access to this website for any reason whatsoever including, without limitation, if Mott believes that you have violated or acted inconsistently with the letter or spirit of these terms and conditions or have submitted inaccurate, incomplete, false, misleading or fraudulent information on this website or have otherwise accessed or used this website for any improper purpose. You agree that Mott shall not be liable to you for any losses or damages you may suffer or incur as a result of Mott terminating your access to this website.

Product Information

Although this website is accessible worldwide, not all products shown on this website are available to all persons or in all geographic locations or are appropriate or available for use outside Canada. Mott products advertised through this website are subject to the terms, conditions and limitations applicable thereto and are available only in the applicable provinces and territories of Canada or other jurisdictions where they may be legally offered. Mott reserves the right to limit, in its sole discretion, the provision and quantity of any product to any person or geographic area. The product information provided through this website does not constitute an offer or solicitation to anyone in any jurisdiction in which an offer or solicitation cannot legally be made or to any person to whom it is unlawful to make an offer or solicitation. If you would like further information on a product referred to in this website please contact Mott directly. If you choose to access this website from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Product Orders

Additional terms and conditions may apply to product orders made on this website, all of which terms and conditions shall become a part of these terms and conditions. You agree to abide by such other terms and conditions. If there is a conflict between these terms and conditions of use and the terms and conditions specific to your product order, the terms and conditions relating to your specific order shall prevail. Mott’s obligations, if any, with regard to its products are governed solely by the agreement pursuant to which they are provided and nothing on this website shall be construed to alter such agreement.

Privacy Protection

By using this website you acknowledge and agree that, notwithstanding any security measures or encryption methods that Mott may implement, the internet and other various networking communication mediums, including websites and email, are not secure and that information sent to Mott by email or placed on this website may be subject to interception, manipulation or viewing by persons other than Mott and its employees. You further agree that Mott shall not be liable for any losses or damages of any kind related to any such unauthorized interception, manipulation or viewing.

Indemnity

You hereby agree to indemnify and hold Mott, its directors, officers, employees, agents, subsidiaries and affiliates harmless from any and all claims, demands, expenses, losses and incidental, consequential, special or exemplary damages including, but not limited to reasonable legal fees, damages for loss of profits, goodwill, use, data or other intangible losses, directly or indirectly suffered or incurred by Mott, its directors, officers, employees, agents, subsidiaries and affiliates or any third party as a result of or arising out of your use of this website, your violation of these terms and conditions or unauthorized use of or access to this website by a third party using your account number, identification code and or password.

Limitation of Liability

You expressly understand and agree that Mott shall not be liable to you for any claims, demands, expenses, losses or incidental, special, consequential or exemplary damages, suffered or incurred by you including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Mott has been advised of the possibility of such damages), as a result of or arising out of (i) your use of or your inability to use this website; (ii) unauthorized access to your account number, identification code, password or this website or alteration of your transmissions or data to Mott, or (iii) any other cause, matter or thing relating to this website.

Disclaimer

You expressly understand and agree that your use of this website is at your sole risk. This website is provided on an "as is, where is" basis and on an "as available" basis. Mott does not promise that this website or any content or feature of this website will be error-free or uninterrupted, that any defects will be corrected or that your use of this website will provide specific results. Mott does not represent or warrant that any files or other data you download from this website will be free of viruses or contamination or destructive features. Mott specifically disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and or fitness for a particular purpose. Mott disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of this website. You are solely responsible for the consequences of your use of this website and any linked sites and agree to assume the risk of any damage or destruction that may be caused to your computer system including, but not limited to, any loss of data . Your sole remedy against Mott for dissatisfaction with this website or any content is to stop using this website or any such content.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Links

This website may provide links to other websites or resources. You acknowledge that Mott has no control over such sites and resources and agree that Mott shall have no responsibility to you for making such links, sites or resources available or known to you. You acknowledge that Mott does not endorse and is not responsible or liable for the content of such linked sites or resources or any advertising, products, or other materials on or available from such linked sites or resources. You will need to make your own independent judgment regarding your interaction with these linked websites . You acknowledge and agree that Mott shall not be responsible or liable to you, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance upon any such content, advertising, products, materials, goods or services available on or through any such linked sites or resources.

Intellectual Property Rights

The design and contents of this website including, without limitation, the text, graphics, photographs, interfaces, form of expression, “look and feel”, arrangement of the content and the products shown hereon are the sole and exclusive property of Mott and are protected under Canadian and foreign country trade dress, copyright, patent, trademark and other intellectual property laws and rights. You agree not to use all or any part of this website or its contents for any improper purpose and, except with the prior written consent of Mott, you agree not to copy, modify or download all or any part of this website or create or distribute derivative works based on all or part of the contents of this website or the products shown hereon.

Prohibited Uses

You agree that you shall not:

(a) attempt to gain unauthorized access to any portion of this website or any other Mott systems or networks connected to this website or to any Mott server by hacking, password “mining” or any other illegitimate means;

(b) use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any transaction being conducted on this website or with any other person’s use of this website;

(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Mott on or through this website

(d) pretend that you are, or that you represent, someone else, or impersonate any other individual or entity;

(e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this website or Mott’s systems or networks connected to this website;

(f) use this website or any of its content for any purpose that is unlawful or prohibited by these terms and conditions or to solicit the performance of any illegal activity or other activity which infringes the rights of Mott or others;

(g) use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this website or any of its content or in any way reproduce or circumvent the navigational structure or presentation of this website or any of its content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this website; and

(h) probe, scan or test the vulnerability of this website or any network connected to this website or breach the security or authentication measures on this website or any network connected to this website. You further agree not to reverse look-up, trace or seek to trace any information on any other user of or visitor to this website, or any other customer of Mott, including any Mott account not owned by you, to its source, or exploit this website or any information made available or offered by or through this website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by this website.

Violation of Terms and Conditions

Mott may disclose any information it may have in its possession about you (including your identity) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of this website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Mott’s rights or property, or the rights or property of visitors to or users of this website, including but not limited to Mott’s customers. Mott reserves the right at all times to disclose any information that Mott deems necessary to comply with any applicable law, regulation, legal process or governmental request. Mott also may disclose your information when Mott determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Mott may preserve any transmittal or communication by you with Mott through this website and may also disclose such data if required to do so by law or Mott determines that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these terms and conditions, (c) respond to claims that any such data violates the rights of others, or (d) protect the rights, property or personal safety of Mott, its employees, users of or visitors to this website and or the public.

You also agree that any violation by you of these terms and conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Mott, for which monetary damages would be inadequate, and you consent to Mott obtaining any injunctive or equitable relief that Mott deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Mott may have at law or in equity.

If Mott does take any legal action against you as a result of your violation of these terms and conditions, Mott will be entitled to recover from you, and you agree to pay, all reasonable legal fees and other costs of such action, in addition to any other relief granted to Mott.

Disputes\Governing Law

These terms and conditions constitute the entire agreement between you and Mott and govern your use of this website. Mott will not accept any counter-offers to these terms and conditions and all such offers are hereby categorically rejected. Mott’s failure to insist on or enforce strict performance of these terms and conditions shall not be construed as a waiver by Mott of any provision or any right it has to enforce these terms and conditions, nor shall any course of conduct between Mott and you or any other party be deemed to modify any provision of these terms and conditions. These terms and conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.

The laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to its conflict of laws provisions shall govern these terms and conditions and the relationship between you and Mott. You hereby agree that the Ontario courts shall have exclusive jurisdiction with respect to any dispute between you and Mott in respect of this website or the services provided herein. The failure of Mott to exercise or enforce any right or provision contained in these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the Mott’s intentions as reflected in the provision and the other provisions contained in these terms and conditions shall remain in full force and effect unamended. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these terms and conditions or your use of this website must be filed within one calendar year of the date such claim or cause of action arose or shall be forever barred. No recovery may be sought or received for damages other than out-of-pocket expenses except that the prevailing party will be entitled to costs and reasonable legal fees on a solicitor and his own client basis.

If any of the provisions of these terms and conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these terms and conditions, so that these terms and conditions shall remain in full force and effect.