Terms of Use

Use of Site

640624 N.B. LTD. ("KINEK") authorizes you to view and download the materials at this WEBSITE only for KinekPoint SERVICES, provided that you retain all copyright and other proprietary notices contained in the original materials and on any copies of the materials. Except to the extent required by law or as expressly provided herein, you may not modify, reproduce, publicly display, perform, distribute, sell, resell, import, retransmit, translate, republish, reverse engineer or otherwise use the materials at this WEBSITE for any purpose without the prior written permission of KINEK. Any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this WEBSITE are copyrighted and any modification or unauthorized use of any materials at this WEBSITE violates intellectual property rights. If you breach any of these Terms, your authorization to use this WEBSITE automatically terminates and you must immediately destroy any downloaded or printed materials.

User Submissions

Any material, information, or other communication you transmit or post to this WEBSITE or to KINEK through electronic mail will be considered non-confidential and non-proprietary ("Communications"). KINEK will have no obligations with respect to the Communications. You acknowledge you are responsible for whatever Communications you submit and you, not KINEK, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. KINEK and its designees will be free to copy, disclose, distribute, respond, incorporate and otherwise use the Communications and all data, text, images, sounds, and other things embodied therein for any and all commercial or non-commercial purposes without compensation to you or any other person sending the Communications. You are prohibited from posting or transmitting to or from this WEBSITE any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Links To Other Web Sites

Links to third party Web sites from this WEBSITE are provided solely as a convenience to you. If you use these links, you will leave this WEBSITE. KINEK has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, KINEK does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this WEBSITE, you do this entirely at your own risk.

Disclaimer

THE MATERIALS PROVIDED AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TO THE FULLEST EXTENT PERMITTED BY LAW. In addition, KINEK does not warrant the accuracy and completeness of the materials at this WEBSITE, nor does it warrant that the functions contained in this material will be uninterrupted or error-free, that defects will be corrected, or that this WEBSITE or the server that makes it available are free of viruses or other harmful components. KINEK may make changes to the materials at this WEBSITE, or to the products and prices described in them, at any time without notice. The materials at this WEBSITE may be out of date, and KINEK makes no commitment to update the materials at this WEBSITE. Information published at this WEBSITE may refer to products, programs, or services that are not available in your country or geographical location. Some of the promotional items, premiums, and prices may only be available in certain areas. Consult your local KINEK business contact for information regarding the products, programs, and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. None of the communications made through this WEBSITE should be construed as an offer you an authorized KinekPoint location designation.

Limitation Of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KINEK, ITS EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Applicable Laws

This WEBSITE and SERVICE is administered by KINEK from its offices in Saint John, New Brunswick, Canada. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this WEBSITE for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between you and KINEK relating to the use of this WEBSITE. KINEK makes no representation that materials at this WEBSITE are appropriate or available for use outside of the United States and Canada, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this WEBSITE or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, Canadian export laws and regulations. If you choose to access this WEBSITE from outside the United States and Canada, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the Province of New Brunswick, without giving effect to any principles of conflicts of laws contained therein.

General

KINEK may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this WEBSITE. KINEK's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. KINEK may assign its rights and duties under these Terms at any time without notice to you. Note: Anyone linking to KINEK's WEBSITE must comply with the Guidelines for Linking to KINEK's WEBSITE (stated below) and all applicable laws.

Guidelines for Linking to KINEK's WEBSITE

If you would like to link to KINEK's WEBSITE, you must comply with the following guidelines: A site that links to KINEK's WEBSITE:

Must have express written authority from KINEK prior to linking of any kind or manner.
May link to, but not replicate, KINEK content.
Should not create a browser or border environment around KINEK content.
Should not imply that KINEK is endorsing it or its products.
Should not misrepresent its relationship with KINEK.
Should not present false information about KINEK products or services.
Should not use the KINEK logo without express written permission from KINEK.
Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

Indemnification and Release

By accessing the WEBSITE, you agree to hold KINEK, KinekPoint, KINEK Employees, Subsidiaries and Affiliates harmless from any and all claims and expenses, including legal fees, arising from your use of the WEBSITE and any materials, services, or products available through the WEBSITE. In addition, you hereby release KINEK, KinekPoint, KINEK Employees, Subsidiaries and Affiliates from any and all claims for damages (actual or consequential), costs, or expenses of any kind or nature whatsoever, that you may have against KINEK, KinekPoint, KINEK Employees, Subsidiaries and Affiliates, arising out of, or in any way related to any materials, software, services, or products made available through the WEBSITE. You hereby agree to waive all laws that may limit the efficacy of such releases. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, KINEK, KinekPoint, KINEK Employees, Subsidiaries and Affiliates or any other person may incur as a result of your submission of any false, incorrect or incomplete information.

Effective June 10, 2009