VERTEX WEBSITE TERM OF USE
Last updated: January 5, 2017
This website (“Site”) is owned and operated by VERTEX PRECISION MANUFACTURING INC. (“VERTEX”).
This Site may only be used by you for personal, non-commercial purposes or, if you are accessing and using this site as an employee or agent of an organization, you may only access or use this Site for such organization’s internal purposes. You shall refrain from changing, adapting, rearranging, harvesting, publishing, distributing, reformulating or decrypting the content of this Site or materials available through this Site (collectively, the “Content”), in any way whatsoever or directly or indirectly assisting any third party in regard to any of the foregoing.
Unless otherwise specified, the Content is presented solely for the purpose of promoting VERTEX products and services.
VERTEX makes no representation and provides no warranty or other form of assurance, that Content, goods or services listed or depicted in this Site are appropriate in any particular circumstances or are available in all locations. VERTEX makes no representation and provides no warranty or other form of assurance that the Content or the goods and services described on this Site do not infringe the rights of others.
The Content is exclusively owned by VERTEX (or its licensors). Nothing contained herein shall be construed as granting, explicitly or implicitly, any license or other right to use Content other than in accordance with the terms contained herein.
Registration may be required to have access to certain portions of this Site and to access certain Content. You represent and warrant that all information you provide in regard to any registration is accurate. If you identify yourself as being an employee, agent or other representative of an organization, you represent and warrant that you are authorized by such organization to create an account associated with such organization and that you are authorized to access and obtain Content that relates to such organization. You shall promptly update any registration information in the event that it ceases to be accurate or current. You shall promptly provide written notice to us if you are no longer authorized by an organization to access this Site and Content on its behalf.
Content on this Site may be specific to VERTEX customers (including, without limitation, information about the status of orders made by VERTEX customers).
Content available on this Site may be confidential and proprietary. VERTEX provides this information in confidence and disclosure or distribution of such information to any third party (or to anyone outside of your organization if you receive or are provided access to such information on behalf of such organization) is strictly prohibited. If you are government representative, Content on this Site is proprietary and confidential which we consider excluded from the application of any access to information or freedom of information laws (“FOI Legislation”) and any disclosure of such information would cause VERTEX, its customers and its suppliers significant prejudice and may adversely affect VERTEX’ commercial interests as well as current and future negotiations with its suppliers and customers, or prospective suppliers and customers. Notwithstanding the foregoing, VERTEX does not waive its right to be notified and consulted in regard to any request under any FOI Legislation.
Certain Content may also be subject to export control laws. Unauthorized export or re-export of any Content is strictly prohibited.
Any feedback, suggestions and commentary submitted to us by e-mail or through the Site becomes the sole and exclusive property of VERTEX and VERTEX may make use of any of the foregoing without restriction and without any obligation to compensate you or provide any other benefit to you. You represent and warrant that any such feedback, suggestions and commentary that you may submit to us does not violate any third party right including, without limitation, any trade secret, contractual covenant or intellectual property right.
THIS WEBSITE AND ALL OF THE CONTENT ARE PROVIDED ” AS IS ” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF ACCURACY, CURRENCY, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH JURISDICTION. VERTEX does not warrant that this Site and/or any feature or functionality of this Site, will be available and accessible at all times or will be error-free. VERTEX does not warrant that access to and use of this Site and any Content will not subject you and your computer resources to viruses, spyware or other malware. It is up to you to take precautions to protect yourself from items such as viruses and other items of a destructive nature.
Communications made over the internet may be intercepted, misdirected and/or altered. You understand and assume all risks in regard to any such communications and acknowledge and confirm that VERTEX does not warrant that information communicated to it through the Site or otherwise will be secure. Likewise VERTEX does not warrant that Content you solicit through the Site which is provided to you through your use of the Site will not be subject to interception, redirection and/or alteration. You assume all risks in regard to access to, reception of and/or reliance on any Content obtained through the Site.
Without limitation to the generality of the foregoing, Content made available through this Web Site that relates to customers of VERTEX, including information about orders for VERTEX goods and services, are provided for convenience only and without any warranty in terms of its accuracy or currency. All such information should be confirmed with VERTEX and should not be relied upon in any capacity and to any degree. In the event of any discrepancy in regard to Content made available through this Site and the content and subject matter of any order, contractual terms or other form of agreement, the content and subject matter of such order, contractual terms or other form of agreement will govern.
Exclusion of Liability
IN NO EVENT, IN REGARD TO THIS SITE OR ANY OTHER HYPERLINKED WEBSITE, WILL VERTEX OR ANY OF ITS AFFILIATES AND SERVICE PROVIDERS (AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, ADVISORS, AGENTS AND/OR OTHER REPRESENTATIVES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INJURY OR LOSSES OF ANY KIND OR NATURE INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF DATA, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF REPUTATION, DEPRECIATION OF GOODWILL, AND LOSS OF USE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF DAMAGES OR EXCLUSION OF DAMAGES UNDER CERTAIN CIRCUMSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU OR MAY NOT ALWAYS APPLY TO YOU IF YOU RESIDE IN SUCH JURISDICTION.
Information and other Content on this Site could include technical inaccuracies or typographical errors. Changes may be periodically made to the Content and to the products and services described or identified on this Site.
When you access a non-VERTEX website including through this site, please understand that these sites are independent from VERTEX, and that VERTEX has no control over the content of such websites and does not give any warranty with respect to such websites. VERTEX does not endorse or provide any guarantee or other assurance in regard to any dealing you may have in regard to any external website or any operator or user of any external website.
This Site is hosted on servers located in Ontario, Canada. This Agreement is governed by and shall be construed in accordance with the laws of the province of Ontario and the Federal Laws of Canada applicable herein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Ontario, located in the city of Toronto for any legal proceeding arising out of or relating to your use of this Site or this Agreement. Notwithstanding the foregoing, VERTEX may institute and maintain legal proceedings in any jurisdiction where its intellectual property rights and/or rights to confidential treatment are being infringed or violated.
This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and shall not be modified except in a writing signed by both parties.
Some portions of this website may include forward-looking information. Forward-looking information generally can be identified by the use of forward-looking terminology such as “may”, “will”, “expect”, “intend”, “anticipate”, “plan”, “foresee”, “believe” or “continue” or the negatives of these terms or variations thereon or similar terminology. They may also include forecasted delivery dates or completion dates of certain manufacturing processes. By their nature, forward-looking statements require VERTEX to make assumptions and are subject to important known and unknown risks and uncertainties, which may cause actual results in future periods to differ materially from forecasted results. While VERTEX considers its assumptions to be reasonable and appropriate based on current information available, there is a risk that they may not be accurate.
Certain factors that could cause actual results to differ materially from those anticipated in the forward-looking statements include risks associated with general economic conditions, risks associated with VERTEX’s business environment (such as the financial condition of the industry, government policies and priorities and competition from other businesses), operational risks (such as regulatory risks and dependence on key personnel, risks associated with doing business with partners, risks involved with developing new products and services, warranty and casualty claim losses, legal risks from legal proceedings, risks relating to the Corporation’s dependence on certain key customers and key suppliers, risks resulting from fixed term commitments, human resource risk and environmental risk), financing risks (such as risks resulting from reliance on government support, risks relating to financing support provided on behalf of certain customers, risks relating to liquidity and access to capital markets, risks relating to the terms of certain restrictive debt covenants and market risks, including currency, interest rate and commodity pricing risk).