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Web Site Terms and Conditions of Use

Web Site Terms and Conditions of Use

Welcome to our site. These Website Terms and Conditions contain the terms and conditions governing access to and use of this website, including all pages thereof (collectively, the “Site”), and any and all services made available through the web site including accessing, preparing and printing reports (the “Services”), associated with the use of Walter’s passivation analysis and measurement product marketed as the “SURFOX Smart Passivation Tester” (the “Product”). The Website Terms and Conditions are set by Walter Surface Technologies Inc. (“Walter”, “We”, “we”, “Us”, “us”, “Our” or “our”) and are accepted by you (“You”, “you”, “Your” or “your”) upon your use of the Site.

These Website Terms and Conditions govern your access and use of the Site and the Services. By accessing or using the functions of the Site and/or accessing or using the Services, you agree to be bound by these Website Terms and Conditions, including any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of the Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Website Terms and Conditions.

BY REGISTERING FOR AN ACCOUNT OR USING ANY OF THE SERVICES OR CLICKING THE "SIGN IN" BUTTON, YOU ARE SUBMITTING YOUR ACCEPTANCE TO THESE WEBSITE TERMS AND CONDITIONS AND ARE AGREEING TO BE BOUND BY AND BE A PARTY TO THIS BINDING CONTRACT.

IF YOU DO NOT AGREE WITH THESE WEBSITE TERMS AND CONDITIONS, OR DO NOT HAVE THE AUTHORITY TO AGREE TO THEM ON BEHALF OF YOUR ORGANISATION, YOU ARE PROHIBITED FROM USING OR ACCESSING THE SITE, YOU MUST NOT REGISTER FOR AN ACCOUNT WITH US AND MUST NOT USE THE SERVICES.

  1. Entire Agreement. These Website Terms and Conditions constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, or Services provided by or through the Site, and the subject matter of these Website Terms and Conditions. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Website Terms and Conditions, these Website Terms and Conditions shall take precedence.
  2. Changes to these Website Terms and Conditions. Walter may, at any time and from time to time at its sole discretion, update, revise, supplement, replace, and/or otherwise modify these Website Terms and Conditions and/or impose new or additional rules, policies, terms, or conditions on You with respect to use of the Services and/or the Site, without specific notice to you. Such updates, revisions, supplements, replacements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as “Revised Terms”) will be effective immediately upon Walter posting the Revised Terms on the Site or otherwise making them available to You (as the case may be).  Any continued use of the Services and/or the Site following such posting of the Revised Terms on the Site or otherwise making them available to you, will be deemed to constitute acceptance of the Revised Terms. We strongly encourage that you check the Site frequently to see recent changes. If we do update the Website Terms and Conditions and You do not agree to the Revised Terms, You must stop using the Services and the Site.
  3. Copyright and Proprietary Rights. The Site contains proprietary information and material that is owned by Walter, its subsidiaries, affiliates and/or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Without limiting the foregoing, the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site, all information stored on and made available through the Site, and all documents, reports, forms, readings, graphics, graphs, presentations, and other materials created or made available through the Site and/or the Services (collectively, the “Website Content”), are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. You acknowledge and agree that you will not use such proprietary information, materials or Website Content in any way whatsoever except for use of the Services in compliance with these Website Terms and Conditions. All rights in the Site and the Website Content are reserved worldwide and the copying, redistribution, use or publication by you of any such Website Content or any part of the Site is strictly prohibited, and it is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Site or Website Content except as expressly allowed in these Website Terms and Conditions. Walter and the authors of the Website Content maintain all moral rights in and to all Website Content published on the Site.
  4. Third Party Content. The Site and/or the Services may contain information and materials provided to Walter by third parties (collectively, “Third Party Content”), either as part of the Site or the Website Content or otherwise. Third Party Content is the copyrighted work of its owner, who expressly retains all right, title and interest in and to the Third Party Content, including, without limitations, all intellectual property rights therein and thereto. Any and all Third Party Content shall be subject to these Website Terms and Conditions to the same extent as the Website Content. In addition to being subject to these Website Terms and Conditions, Third Party Content may also be subject to different and/or additional terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content. External links on the Site are provided for your convenience. Walter does not endorse, approve of, verify, attest to, or offer any representation or warranty with respect to, the accuracy of the content of such web sites that are linked. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
  5. Trademark Notice. This Site may contain trademarks, service marks, logos, icons and trade-names that are the property of Walter (collectively, the “Walter Trademarks”) or such other party as is indicated with respect to that trademark, service mark, logo, icon, or trade-name.  Products and names mentioned on the Site may be trademarks of their respective owners. All trademarks reproduced in the Site which are not the property of, or licensed to, Walter, are acknowledged on the Site. You are not permitted to use the Walter Trademarks for any purposes other than those specified in these Website Terms and Conditions.
  6. Limited Right to Use. You may use the Site and Website Content for the sole purpose of accessing and using the Services in connection with the use of Walter’s Products, including accessing, preparing and printing documents and reports associated with the use of Walter’s Products, reporting on the use of the Products to Walter, receiving any updates from Walter relating to the Products, and accessing information relating to Walter’s Products. The viewing, printing or downloading of any Website Content from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use (or use by and on behalf of your organisation) and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Website Content may be reproduced in any form except as expressly provided in these Website Terms and Conditions. No other download, retention, use, publication, or distribution of any portion of the Website Content or any Walter Trademarks is authorized or permitted, and you do not acquire ownership rights to any Website Content or Walter Trademarks or other materials viewed or accessed through the Site.
  7. Account Administration.

    (a) As a registered user of the Services, you may receive an account registered with Walter at the Site to enable you to use features of the Services (an “Account”).

    (b) You agree to provide accurate, current, and complete information required to register or create an Account, and whenever information relating to You is required in connection with the Site or Services (the “Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Walter may terminate your right to access and/or use any or all of the Site, an Account or the Services if any information you provide is false, inaccurate or incomplete. You agree that Walter may store and use the Registration Data you provide for use in maintaining and managing your Account, including, if applicable, credit card information for billing fees to your credit card.

    (c) You are solely responsible for controlling access to your Account, and maintaining the confidentiality and security of your Account and related password information. You must not reveal your Account information to anyone else or use any other person's account. You must not allow any login password or username for your Account to be used by multiple users or individuals. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Walter of any unauthorized use of your Account or any other security breach that you become aware of. Walter shall not be responsible for any losses arising out of the unauthorized use of your Account.

    (d) Your right to access and use the Site is not transferable. Any password or right given to you to obtain Services, information or documents is not transferable.

  8. User Conduct.

    (a) You agree to use this Site, the Services, your Account and any functionality of the Site or Services in a responsible manner that is in full compliance with these Website Terms and Conditions, and with your local laws and regulations. You shall not, and you agree not to use the Site to:

    • post or transmit any material which,

      i. violates or infringes in any way upon the rights of others,

      ii. is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, hateful, profane or otherwise objectionable, or

      iii. contains software viruses or any other computer code, files or programs designed to (or that operates to) interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Site;

    • download, retain, use, publish, or distribute any portion of the Website Content, for any purpose other than those set out in section 6 of these Website Terms and Conditions;

    • use or attempt to use another person’s Account, Service, or personal information, or impersonate another person or entity;

    • remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site;

    • advertise or perform any commercial solicitation, including, but not limited to, the solicitation of other users of the Site;

    • restrict or inhibit any other person from using or enjoying the Site or the Services offered through the Site;

    • copy, mirror, alter, disassemble, decompile or reverse engineer any Website Content or any portion thereof, including any aspect or feature of the Services, or attempt to derive or extract the source code from all or any part of the software making up or supporting any of the foregoing;

    • 8. engage in practices such as “screen scraping”, “database scraping” or “automated form filling” to retrieve, test or obtain lists of users, orders or other information generated or processed by or stored via the Site, any Account or the Services;

    • sell, resell, license, sublicense, rent, lease, lend, market, transfer, assign, distribute, offer in a service bureau, time share, or otherwise part with or make available to any third party, in whole or in part, any part of the Site, any Account or the Services;

    • other than use of the Site and the Services by you in accordance with these Website Terms and Conditions, offer, for a fee or free of charge, services consisting of processing data through the use of the Site, any Account or the Services; or

    • upload, post or otherwise make available on or through the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

    (b) Without limiting the remedies available to Walter at law or in equity, Walter may terminate your Account and your rights to use or access the Services if you are found to be using the Site to engage in any of the foregoing activities.

    (c) By submitting material to any public area of Site, you automatically grant, or warrant that the owner of such material has expressly granted Walter the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide, and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.

  9. Changes to Accounts.

    (a) Walter reserves the right, for any reason, in its sole discretion, to terminate, change, amend, or suspend an Account or any of the Services. Walter may impose limits on all or certain features of the Services or restrict your access to part or all of the Services or the Account without notice or liability. Walter reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services, with or without notice.

    (b) Your access to the Site, an Account and/or the Services is completely at the discretion of Walter, and Walter reserves the right to block, suspend or terminate your access to the Site, an Account and/or the Services at any time for any reason, including non-compliance with these Website Terms and Conditions and/or any violation of applicable laws or regulations.

  10. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff, advertisers, product and service providers, affiliates, and all parties from whom Walter has licensed portions of Website Content, and their directors, officers, and employees (collectively, the "Indemnified Parties"), harmless from and against any and all liability, loss, damage, claim, cost and expense, including reasonable attorney's fees, arising out of or related to: (i) your breach of these Website Terms and Conditions; (ii) your use of the Site or the Services; (iii) any action taken by Walter as part of its investigation of a suspected violation of these Website Terms and Conditions; or (iv) your violation of any third party intellectual property or other rights in relation to your use of the Site or the Services. Walter reserves the right, subject to indemnification by you, to assume the exclusive defence and control of any matter initially subject to your defence, indemnification and hold harmless obligations hereunder, and you shall not in any event settle any matter without the prior written consent of Walter.

  11. Disclaimer. THE SERVICES, THE WEBSITE CONTENT, AND THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, PROMISES, REPRESENTATIONS, AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE). ALL SUCH WARRANTIES, PROMISES, REPRESENTATIONS, AND GUARANTEES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION THE FOLLOWING:

    (a) THE INFORMATION HOSTED ON THE SITE, THE WEBSITE CONTENT, AND THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WALTER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND/OR THE SITE AND/OR SERVICES WILL BE ACCURATE IN ITS RESPONSES AND RESULTS. YOU AGREE THAT FROM TIME TO TIME WALTER MAY TAKE DOWN OR REMOVE THE SITE AND/OR SERVICES OR ANY FUNCTIONALITY THEREOF, FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.

    (b) WALTER DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SITE, THE WEBSITE CONTENT AND/OR THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WALTER DISCLAIMS ANY LIABILITY RELATING THERETO.

  12. Exclusions and Limitations of Liability.

    (a) You agree that we, and our directors, officers, employees, agents or other representatives, will not be liable for any direct, special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from: (1) suspension or loss of the Services; (2) use of the Site and/or the Services; (3) interruption of the Services or interruption of your business; (4) loss or liabilities resulting from acts of or events beyond our control; (5) data non-delivery, mis-delivery, corruption, destruction or other modifications; or (6) damages or consequences arising from or related to your inappropriate or unauthorized use of the Site and/or the Services.

    (b) IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THESE WEBSITE TERMS AND CONDITIONS, IN NO EVENT WILL WE OR OUR AFFILIATES, SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES OF ANY KIND, THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE OR THE SERVICES, FAILURE OF WALTER TO PROVIDE THE SITE OR THE SERVICES, THE LOSS OF DATA OR PROFITS, PERFORMANCE OF THE SITE AND/OR SERVICES, NON-PERFORMANCE OF THE SITE AND/OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, AND/OR ANY OTHER FAILURE OF PERFORMANCE OF THE SITE AND/OR SERVICES, IN ALL CASES WHETHER OR NOT WALTER HAS BEEN ADVISED OF THE POSSIBILITY OF SAME.

    (c) Without limiting the foregoing, you acknowledge that in no event shall Walter or any of its suppliers, affiliates, directors, officers, employees, agents or representatives be liable for any loss, damage, cost or injury (including as a result of corrosion of a metallic surface or object), arising out of or relating to your misinterpretation or faulty interpretation of any data generated, calculated, reported or displayed in connection with the Services. Customer acknowledges that Walter’s passivation analysis and measurement product marketed as the “SURFOX Smart Passivation Tester” is intended to be used to test the quality and thickness of a layer of coating on a metal surface or object at a specific point of reference. The results of a specific test or point measurement may not be accurate of any other point of the surface or object and should not be extrapolated to represent the quality or thickness of the coating of the entire surface or object. You acknowledge the possibility that a measurement of coating thickness or quality at one point of a surface or object, in connection with use of the Site or Services, may not be indicative of the quality and thickness of the coating at any other point of the surface or object, much less the entirety of the surface or object.

    (d) OUR TOTAL, MAXIMUM AGGREGATE LIABILITY AND THE TOTAL, MAXIMUM AGGREGATE LIABILITY OF WALTER’S REPRESENTATIVES, ARISING FROM OR RELATING TO THESE WEBSITE TERMS AND CONDITIONS (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY) IS LIMITED TO TEN DOLLARS ($10) CANADIAN.

    (e) THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF THESE WEBSITE TERMS AND CONDITIONS, ANY ACCOUNT, OR YOUR ABILITY OR RIGHT TO USE THE SITE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  13. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding use of the Site and Services by you and all information provided by you in any manner consistent with our Privacy Policy with respect to the “SURFOX Smart Passivation Tester”, available at https://smart.surfox.com/agreements.

  14. Submissions. All remarks, suggestions, feedback, ideas, graphics, or other information communicated by you to us through the Site (collectively, the “Submission”) will forever be the property of Walter. YOU AGREE THAT WALTER SHALL BE FREE TO USE, COMPILE, PROCESS, ADAPT, DISCLOSE, REPRODUCE, LICENSE, DISTRIBUTE AND/OR OTHERWISE EXPLOIT THE SUBMISSION AS WALTER SEES FIT IN ITS SOLE AND ABSOLUTE DISCRETION, ENTIRELY WITHOUT OBLIGATION OR RESTRICTION OF ANY KIND ON ACCOUNT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. The Submission, even if designated as confidential by you, shall not, absent a separate written agreement between Walter and you, create any confidentiality obligation for Walter, and Walter will not be liable for any ideas for its business (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Walter products, services or operations. Without limitation, Walter will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere, and you hereby assign all such rights to Walter. Walter will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Walter, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

  15. Third-Party Services. We may allow access to the Site to (or advertise the products or services of) third-party product or service providers (each a “Merchant”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. You acknowledge that we are not a party to any transactions entered into between you and Merchants. You acknowledge and agree that at no time is Walter making any representation or warranty regarding any Merchant’s products or services, and you agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

  16. Cookies. Cookies are small text files consisting of alphanumeric identifiers that are placed on your hard disk by a Web page server. The Site uses cookies to enable you to, among other things, sign in to our services and help personalize your online experience. By using and browsing the Site, you consent to cookies being used in accordance with these Website Terms and Conditions. If you do not consent, you must disable cookies or refrain from using the Site. Some of the Merchants may also use cookies, but we have no control of the use of cookies by the Merchants or any other third parties.

  17. Privacy Policy. Our Privacy Policy with respect to the “SURFOX Smart Passivation Tester”, available at https://smart.surfox.com/agreements, as it may change from time to time, is a part of and is incorporated into these Website Terms and Conditions.

  18. Payments. You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

  19. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

  20. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: 

    (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 

    (b) A description of the copyrighted work that you claim has been infringed; 

    (c) A description of where the material that you claim is infringing is located on the Site; 

    (d) Your address, telephone number, and email address; 

    (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 

    (f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at admin@smart.surfox.com. 

  21. Proposed Product and Service Offerings. All descriptions of proposed Products and Services are based on assumptions subject to change and you should not rely on the availability or functionality of Products or Services until they are actually offered through the Site.  

  22. Information and Press Releases. The Site may contain information and/or press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in a press release or other information on the Site, should not be relied upon as being provided or endorsed by us. 

  23. Governing Law. These Website Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Quebec (without regard to conflict of law principles). All legal proceedings arising out of or in connection with these Website Terms and Conditions shall be brought solely in the courts of the Province of Quebec. You expressly submit and attorn to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. The United Nations Convention on the International Sale of Goods shall not apply.  We hereby specifically disclaim the UN Convention on Contracts for the International Sale of Goods.

  24. Termination and Modification. Your right to access and use the Site terminates automatically upon your breach of any of these Website Terms and Conditions. Walter may at its sole discretion, at any time, modify, suspend or terminate the operation of or access to the Site or any of the Services offered through the Site, or may interrupt the operation of the Site, or any portion of the Site, for any reason. 

  25. Limitation Period. Any cause of action by you with respect to the Site or the Services (and/or any information related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. 

  26. Interpretation. The language in these Website Terms and Conditions shall be interpreted as to its fair meaning and not strictly for or against either party.

  27. Remedies. No remedy conferred upon or reserved in our favour under these Website Terms and Conditions will exclude any other remedy so conferred or reserved or existing at law or in equity but each will be cumulative and in addition to every other remedy given under these Website Terms and Conditions or existing at law or in equity.  

  28. Severability. Should any part of these Website Terms and Conditions or the application thereof to any person or circumstances, to any extent, be held invalid or unenforceable, that portion shall be modified so as to be enforced to the fullest extent permitted at law and the remaining portions, or the application of such part to persons or circumstances other than those in respect of which it is held invalid or unenforceable, shall not be affected thereby and each part of these Website Terms and Conditions shall be separately valid and enforceable to the fullest extent permitted by law.

  29. No Agency. No agency, partnership, joint venture or franchise relationship is implied, intended or created by these Website Terms and Conditions, the provision of a user account, or the provision of any Services.

  30. No Waiver. Our failure to enforce or insist upon strict compliance with any provision of these Website Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

  31. Choice of Language.  The parties acknowledge that they require that this Agreement be drawn up in the English language only.  Les parties reconnaissent qu’elles ont exigé que la présente convention soit rédigée en langue anglaise seulement.