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Johlin Measurement Terms of Use

Terms of Use Agreement Last Modified May 11 2006
Terms of Use
Preamble
This site is owned and operated by Johlin Measurement Ltd. ®, which may also be referenced as Site, Us, We, Johlin Measurement, Owner, Operator throughout this document.

Unless specified otherwise users must be at least eighteen [18] years of age to participate in any registration or interactive activities at this Site. By your participation in Site activities, you certify that you are at least 18 years of age and that you meet any other requirements of the Site.

This page states the terms and conditions that forms the agreement under which you may use this Site. If you do not accept this Terms of Use Agreement then do not use this Site. By using this Site you understand, acknowledge and agree that you will abide by the terms of this Agreement. This Agreement will remain in force and in effect for as long as you are a user of the Site. The Site provides rules of participation for certain activities and services including, but not without limitation, shopping carts, contact forms, incentives and awards programs.

This Site's Privacy Policy is hereby incorporated into this Agreement by reference. To the extent that there is a disagreement between this Agreement and the specific rules of participation for other activities provided at this Site, this Agreement shall govern.

This Site's Shipping & Returns Policy is hereby incorporated into this Agreement by reference. To the extent that there is a disagreement between this Agreement and the specific policies of shipping and returns of products, this Agreement shall govern.

Johlin Measurement may revise this Agreement at any time and without notice to you. Such revisions are effective to you as a user of this Site immediately upon posting. You should visit this page periodically to review this Agreement because the rules and amendments are binding upon you as a user of this Site. The terms you, user, member, visitor as used in this Agreement shall refer to all individuals, visitors, registered members and or entities accessing this Site for any reason.


Copyright, Trademark and Proprietary Rights
The contents of the Site, including all software, design, text, graphics, artwork, images, photographs and other material, including the selection and arrangements thereof, copyrights, trademarks, service marks and trade names (material, content) are the property of Johlin Measurement and or its affiliates, assigns, licensers, vendors (collectively "operational service providers") and or the Site's advertisers, sponsors or promotional partners (collectively 'Advertisers'). The Material is protected, without limitation, pursuant to international and foreign copyright, trademark and other applicable laws. Unauthorized use of the Material may violate such laws.

You understand, acknowledge and agree that the Site hereby grants you a limited personal, non-exclusive, non-assignable and nontransferable license that authorizes you to use and display the Material, provided that you retain all copyright, trademark and other proprietary notices contained in the original Material on any copy you make of the Material. You further agree that you will not, in whole or in part, sell, lease, rent, exchange, reproduce, archive, modify, create derivative works from, publish by hard copy or electronic means, display, disseminate, distribute, broadcast, retransmit, or circulate to any third party or on any third party web site, or otherwise use the Material in any way for any public or commercial purpose without the express approval from Johlin Measurement. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

You are authorized to download and view a single copy of the Material solely for your use provided that you shall not, nor will you allow any third party (whether or not for your benefit) to copy, adapt the object code of the Site, HTML, custom scripts, or otherwise, or reverse engineer, de-compile, reverse assemble, modify or attempt to discover any interface or source code that the Site creates to generate the content at this Site.

Access to the Materials may not be lawful by persons in certain countries. You also understand, acknowledge and agree that the downloading of object code or software by Site users in restricted countries may be prohibited. If you access this Site then you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and with the laws of the Province of Ontario Canada and with the laws of the Government of Canada.

Without the prior written permission of the Owner of this Site, you agree not to display or use in any variation or manner, the Site's logos, including without limitation, Johlin Measurement. Site owners who wish to link to this Site are required to use a textual link with the complete www.johlinmeasurement.com URL in their HTML markup or the Johlin Measurement Ltd. logo that is located at the top of this page.

Notwithstanding any statement to the contrary in this Agreement, you will not use or attempt to use, and shall cause each other party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders or intelligent agents) to navigate or search the Site other than the following:
  • the search engine and search agents available at this Site
  • spiders and search engines that obey the instructions for such search agents
  • generally available third party web browsers (e.g., Netscape Navigator, Mozilla, Opera or Microsoft Internet Explorer)


Links to Third Party Websites
This Site may provide links to third party web sites and other resources that could be of interest to our users, including the web sites of any Site advertisers. You understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by this Site of that content, advertising or business practices (including the privacy policies) of such third party web sites, regardless of whether or not this Site hosts the logo or sponsorship identification of that third party, and regardless of whether this Site conducts "framing", which allows a user to access several web pages or web sites while still viewing a header or border of this Site or another site.

These third parties may have different privacy policies and business practices than Johlin Measurement Ltd.; therefore, this Site does not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such third party web sites.

You further agree that the Site, its Owner and Operator, parent company, affiliates, successors and assignees, and their respective officers, directors, employees, agents and operational service providers will not, under any circumstances, be responsible or liable, directly or indirectly, for any damages or losses caused, or alleged to have been caused, by or in connection with, your use of or reliance upon the content, advertising or business practices of any third party web site. If you decide to use and access any third party web site linked from this Site, you understand, acknowledge and agree that you do so at your own risk and under the terms and conditions of use of that external site.


Modification, Suspension and Discontinuance
The Site reserves the right to modify or discontinue the service (or any part thereof) offered by this Site, on a temporary or permanent basis, with or without notice to anyone. You understand, acknowledge and agree that the Site will not be liable to you or to any third party for any such modification, suspension or discontinuance of service offered by this Site.


Indemnification and Limitation of Liability
You understand, acknowledge and agree to defend, indemnify, and hold harmless Johlin Measurement Ltd., its affiliates, successors and assignees, advertisers, and operational service providers and their respective officers, directors, employees, representatives and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site material or resulting from your breach of the terms of this Agreement.

The Site will attempt to provide notice to you promptly of any such claim, suit, or proceeding and will assist you, if requested and at your expense, in defending any such claim, suit or proceeding against you.

The Site and its material may contain technical inaccuracies, typographical errors, and out of date information. The Site makes no representations about the accuracy, reliability, completeness, or timeliness of the Site material and the Site makes no warranty that the Site will meet your requirements. You understand, acknowledge and agree that your use of this Site and material is at your own risk. The Site reserves the right to make changes to the Site and material at any time.

IN NO EVENT SHALL THE SITE, ITS OWNER AND OPERATOR, AFFILIATES, SUPPLIERS, SUCCESSORS OR ASSIGNEES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, THE SITE'S ADVERTISERS, OR OPERATIONAL SERVICE PROVIDERS, ASSUME OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS, DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, PROFITS, SAVINGS, GOOD WILL, OR USE, OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OF THIS SITE OR THE USE AND/OR APPEARANCE OF THE MATERIAL ON THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Disclaimer of Warranty
THE SITE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION OR EXCLUSION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, DESIGN, TEXT, GRAPHICS AND ARTWORK, IMAGES, PHOTOGRAPHS, OTHER MATERIAL, LINKS AND ALL OTHER DATA.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU BY OPERATION OF LAW.

NOTWITHSTANDING any other provision of this Terms of Use Agreement, the aggregate liability for Johlin Measurement Ltd. to users for all claims arising from their use or inability to use this site or any of the Material at this Site is limited to $1.00 (one dollar and zero cents).


General Agreement and Contact Information
This Agreement is governed by International Treaties and laws and by the Provincial and Federal Laws of Canada. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular legal notice posted at this Site, this Agreement constitutes the entire agreement between you and this Site with respect to the use of this Site.

No changes to this Terms of Use Agreement shall be made except by a revised posting on this page, and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will not constitute an amendment of, waiver or change to this Agreement.

The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect. Contact Johlin Measurement Ltd. if you have any questions regarding this Agreement or your use of this Site.


Johlin Measurement Ltd. ®
1035 Okalta Road
Turner Valley, Alberta, Canada
T0L 2A0

403-933-3033

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