TERMS OF USE
WHO WE ARE
The following websites located at www.mrel.com, www.fixor.com, www.aquaram.com, and www.ezcoredisrupters.com (the “MREL Websites”) are operated and maintained by MREL Group of Companies Limited (“MREL”), a Corporation registered in the Province of Ontario, Canada. The MREL Websites contain information, materials and hypertext links to websites that are of interest to MREL, our clients and the general public (the "Content" or "Contents"). The Content is offered in good faith and for informational purposes only. The MREL Websites are provided as a service and MREL may, at any time and from time to time, delete, modify or supplement the Content without notice or liability to you.
YOUR USE OF THE MREL WEBSITES
YOUR USE OF THE MREL WEBSITES CONSTITUTES YOUR EXPRESS AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED ON THIS WEBPAGE (this "Agreement"). PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO ANY OF THE FOLLOWING TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE MREL WEBSITES.
This Agreement governs your use of the MREL Websites and its Contents. By accessing or using the MREL Websites, you acknowledge that you have read this Agreement and our privacy statement. You agree that each use by you of the MREL Websites signifies your continuing agreement to be bound by this Agreement. You represent and warrant to MREL that you have full legal authority to enter this Agreement on your own behalf and on behalf of any person that you represent.
You covenant in favour of MREL that you will not upload, post or transmit to, distribute, disseminate, or otherwise publish via or through this Website any materials that:
(1) restrict or inhibit any other user from using or accessing this Website or the Content;
(2) are unlawful, threatening, abusive, harassing, libellous, defamatory, derogatory, discriminatory, disruptive, obscene, vulgar, offensive, objectionable, pornographic, profane, sexually explicit or indecent;
(3) constitute, advocate or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or governmental regulation, whether in Canada or in your local jurisdiction;
(4) violate or infringe the rights of third parties, including copyright, trade-mark rights, patent rights, rights of privacy or publicity or any other proprietary right of a person;
(5) contain a virus, corruption or other harmful or destructive element or item that might damage the operation of another's computer or software applications;
(6) contain any information, software or other material of a commercial nature, including any advertising, promotions or solicitations for purchase or sale and any "spam" or other bulk communications; or
(7) constitute or contain false or misleading author attributions, legal or other notices, proprietary designations, labels or other indications of origin or source, or facts.
NO PROFESSIONAL ADVICE
You acknowledge and agree that the Content is general in nature and is not intended as professional engineering advice, or operational advice, or other advice. The Content is not an offer by MREL to provide professional services to you or other persons. You acknowledge and agree that you will seek qualified professional advice before acting (or failing to act) or relying in any way upon any Content.
NO PROFESSIONAL RELATIONSHIP
You acknowledge and agree that neither this Agreement nor your access to or use of the MREL Websites create a professional, consulting, advisory, fiduciary or other relationship between yourself and MREL (or any shareholder, director, partner, employee or agent of MREL). Nor does any communication by you with MREL (or any shareholder, director, partner, employee or agent of MREL) via email or through the MREL Websites constitute any such relationship. No duty of care is assumed by MREL in providing the Content on the MREL Websites. You further agree that you will not use the MREL Websites to transmit to MREL any confidential or privileged information. We caution that any electronic mail communication (email) may not be secure, and may not remain confidential. Do not send us confidential, proprietary or other commercially sensitive information in any format or by any means of communication unless you have first taken all appropriate precautions to protect such information.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
WARRANTY DISCLAIMER.
THE MREL WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MREL DOES NOT ACCEPT ANY LIABILITY WHATSOEVER FOR YOUR USE OF OR ACCESS TO THE MREL WEBSITES. TO THE FULLEST EXTENT PERMITTED BY LAW, MREL DISCLAIMS MAKING ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER IN RESPECT OF THE CONTENT OR THE MREL WEBSITE IN GENERAL. MREL DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND THOSE ARISING BY LAW, UNDER STATUTE, IN TRADE, BY COURSE OF DEALING OR OTHERWISE. Without limiting the foregoing, MREL does not represent or warrant that:
(1) access to the MREL Websites will be secure, timely, error- or virus-free, continuous or uninterrupted;
(2) communications to or from the MREL Websites will be secure or free from interception;
(3) the MREL Websites and the Content will be accurate, complete or current; or
(4) errors, defects and inaccuracies in the MREL Websites or the Content will be corrected.
LIABILITY DISCLAIMER.
MREL EXPRESSLY DISCLAIMS LIABILITY FOR ALL DAMAGES AND LOSSES (WHETHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF OR ACCESS TO THE MREL WEBSITES OR THE CONTENT (INCLUDING HYPERTEXT LINKS PROVIDED ON THE MREL WEBSITES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO ANY COMPUTER, SOFTWARE APPLICATION OR DATA BY ANY VIRUS THAT MIGHT BE TRANSMITTED OR ACTIVATED VIA THE MREL WEBSITES OR ACCESS TO THE MREL WEBSITES, ANY BREACH OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, AND CONTRAVENTION OF ANY LOCAL, NATIONAL OR INTERNATIONAL RESTRICTION ON THE PUBLICATION OR TRANSMISSION OF INFORMATION, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE, EVEN IF MREL OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. It is solely your responsibility to take precautions to ensure that whatever you access or download from the World Wide Web is free of such items such a viruses, worms, Trojan horses and other items of a destructive nature.
Email Disclaimer.
Please be cautious when you communicate via the Internet or via email. Email transmissions may not be secure. MREL strongly recommends that you do not send privileged, confidential or otherwise sensitive information to MREL by email or via the MREL Websites unless you take appropriate precautions including the use of password protection and encryption. By sending MREL information or material, you grant MREL an unconditional, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute that information or materials and you acknowledge that MREL may use any ideas, concepts or techniques that you send to MREL for any purpose, without compensation to you.
Internet Disclaimer.
You expressly acknowledge that websites that may be linked to the MREL Websites are owned and operated independent of MREL and that MREL has no responsibility or liability whatsoever for, or control over, any such third party websites. You acknowledge that your use of third party websites (and your dealings with the third parties who own such websites) shall be conducted solely at your risk. MREL encourages you to exercise discretion when using the hypertext links on the MREL Websites. Any hypertext link may ultimately direct the user to websites containing content that some people may find offensive or inappropriate or that violates laws in force in your jurisdiction. The suitability of information accessed by hypertext link from the MREL Websites is the sole responsibility of the person(s) that maintain that information or third party website. If you have questions about the content of a particular third party website, or information related to it, contact the person or webmaster responsible for that website. Access to the MREL Websites for the purpose of browsing the Content via the World Wide Web is encouraged; ALL OTHER ATTEMPTS TO ACCESS OR USE THE MREL WEBSITE, THE RELATED COMPUTER SYSTEMS OR ITS RESOURCES ARE UNAUTHORIZED. UNAUTHORIZED USE OF A COMPUTER SYSTEM IS A CRIMINAL OFFENCE IN CANADA.
No Endorsements.
MREL does not endorse any product or service available through any third party website linked to the MREL Websites. MREL makes no warranties or representations, express or implied, with respect to any products or services made available from third party websites hypertext linked, directly or indirectly, to the MREL Websites.
Content Warning.
The Content, including information and documents available on the MREL Websites, is not intended to provide specific engineering advice, or operational advice, or other advice to you. Internet software or transmission problems can produce inaccurate or incomplete copies of Content when downloaded and displayed on your computer and reference should always be made to the official versions of such Content available at the offices of MREL.
Limitation Of Actions.
Proceedings with respect to any cause of action you may have with respect to your use of and access to the MREL Websites must be commenced in the Superior Court of Justice for Ontario, Frontenac County Courthouse in Kingston, Ontario, Canada, and within six (6) months after the claim or cause of action arises.
WEB PRIVACY STATEMENT
Your use of and access to the MREL Websites is subject to our privacy statement (as may be amended from time to time) and our privacy statement is incorporated into and forms a part of this Agreement. To review our privacy statement, please click here. Your continued use of and access to the MREL Websites constitutes your acknowledgement that you have read and agreed to the terms and conditions of our privacy statement.
OWNERSHIP AND USE OF THE MREL WEBSITES AND THE CONTENT
Ownership.
The MREL Websites and the Content is, and shall remain, the sole property of MREL. Your use of or access to the MREL Websites shall not in any way transfer or assign to you any ownership or other proprietary rights in or to the MREL Websites or any Content. The MREL Websites and the Content is protected by all relevant Canadian and international copyrights in the design of the MREL Websites, including layout, typography underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise.
Trademarks.
Trade-marks, trade names and designs appearing on the MREL Websites are the exclusive property of, or are licensed to, MREL and are protected. No use of a trade-mark, trade name or design appearing on the MREL Websites may be made without the prior, written permission of MREL or the owner thereof. MREL, the MREL logos, AquaRam Tactical Disrupters, the AquaRam Tactical Disrupters logo, Ranger 2 Lt High Speed Camera, the Ranger 2 Lt logo, Blaster's MAS, the Blaster's MAS logo, Blaster's Ranger High Speed Camera, the Blaster's Ranger logo, DataTrap II Data/VOD Recorder, the DataTrap II Data/VOD Recorder logo, EZCore Tactical Disrupters, the EZCore Tactical Disrupters logo, FIXOR Binary Explosive, the FIXOR Logo, HandiTrap II VOD Recorder, the HandiTrap II VOD Recorder logo, MicroTrap VOD/Data Recorder, the MicroTrap VOD/Data Recorder logo, PWT Portable Wireless Trigger, the PWT Portable Wireless Trigger logo, are trademarks or registered trademarks of MREL Group of Companies Limited. ProAnalyst is a registered trademark of Xcitex, Inc.
Linking - Permission Required.
You are prohibited from making links of any kind to the MREL Websites without MREL's prior written permission. You may not sell, retransmit, repackage, disseminate or otherwise republish any of the Content in any form, including paper, nor may you include any Content with any product, document or information that you hold, create, or distribute without the prior written consent of MREL. Without limiting the generality of the foregoing, hypertext linking to the MREL Websites or "deep linking" to any webpage on the MREL Websites is strictly prohibited without the express written permission of MREL.
Data Mining And Other Prohibited Uses.
Use of the MREL Websites through a Web browser that contains any frames displaying contents of other Websites is strictly prohibited. The scraping or mining of data from or framing or mirroring of the MREL Websites by any method is strictly prohibited. You agree not employ or utilize any collaborative browsing or display technologies.
Limited License.
MREL grants to you a limited, revocable, non-transferable, non-exclusive license to display on your computer, print, download and use one copy of the Content, but only for non-commercial, personal or educational purposes, and provided always that you:
(1) do not amend, modify or change any such Content;
(2) include with and display on each copy of such Content the associated copyright notice ("Copyright © 2009 MREL Group of Companies Limited. All rights reserved.") and this limited license; and
(3) include all MREL identification, marks, notices and disclaimers.
No other use or copying of the MREL Websites or the Content is permitted. Without limiting the generality of the foregoing, you are expressly prohibited from:
(a) making any commercial use of any Content;
(b) including any Content in or with any product or service that you distribute or provide;
(c) copying any Content onto your or any other website; and
(d) storing any Content for reproduction, redistribution or publication to third parties.
Notwithstanding the foregoing, nothing contained in this Agreement shall be construed as conferring any right under any copyright of MREL or any other person who owns copyright in the Content.
Right To Suspend.
MREL, in its sole and absolute discretion, may change, suspend or discontinue any aspect of the MREL Websites at any time, including the availability of any feature, database or other Content. MREL may also impose limits on certain features and services, or restrict your access to parts or all of the MREL Websites, without notice or liability to you.
Restricted Areas.
Certain areas of the MREL Websites may be accessed only by use of a user identification and password. If you have access to any of these areas, you are responsible to ensure that your user identification and password are not disclosed to any other person. If you disclose your user identification or password to any other person or become aware of any unauthorized access, you are responsible to advise MREL immediately by contacting MREL via facsimile at +1.613.542.8029. You are responsible for and hereby release MREL from, and indemnify MREL against, all claims, proceedings, liabilities, obligations and costs resulting directly or indirectly from the use of your identification or password by the person to whom you disclosed them or by any other person.
GENERAL TERMS AND CONDITIONS
This Agreement, and your rights and obligations under this Agreement, may not be transferred or assigned by you without the prior written consent of MREL, which consent may be arbitrarily withheld by MREL in its sole and absolute discretion. MREL may at any time assign this Agreement, including any of its rights and obligations hereunder, without your prior consent.
This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law rules. You covenant and agree with MREL that any dispute must be resolved before the Superior Court of Justice for Ontario, Frontenac County Courthouse in Kingston, Ontario, Canada. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Ontario.
MREL may, in its sole and absolute discretion, amend this Agreement from time to time, for any reason, without prior notice or liability to you or to any other person; provided, however, that MREL will ensure that any such amendment will be made available to you on the MREL Websites. Your use of the MREL Websites after such amendments are posted by MREL signifies your acceptance of those revised terms of this Agreement. You are responsible for periodically visiting this webpage to review the terms and conditions of this Agreement. You may not change, modify or amend this Agreement in any manner.
No consent of or waiver by MREL will be effective unless in writing and signed by an authorized representative of MREL.
If any provision this Agreement is invalid, illegal, or incapable of being enforced by reason of any rule of law or public policy, then such provision shall be severed from this Agreement and shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. All other provisions of this Agreement shall, nevertheless, remain in full force and effect and no provision shall be deemed dependent upon any other provision unless so expressed herein.
The provisions herein contained constitute the entire agreement between you and MREL, and supersede all previous communications, representations, and agreements, whether oral, written or electronic, between you and MREL, with respect to the subject matter hereof; there being no representation, warranties, terms, conditions, undertakings, or collateral agreements (express, implied, or statutory), between the parties other than as expressly set forth in this agreement; PROVIDED THAT in the event of any inconsistency between this Agreement and any agreement governing the provision by MREL of any particular legal service to you, the latter shall prevail; PROVIDED THAT the absence from any other agreement of a term included in this Agreement shall not be deemed an inconsistency.
The terms and provisions of this Agreement inure to the benefit of, and are binding upon, you and your heirs, executors, administrators, personal representatives, successors and permitted assigns, and upon MREL and its successors and assigns. If you breach any provision of this Agreement, you may no longer use the MREL Websites or any Content. MREL may, in its sole and absolute discretion for any reason, cancel or terminate your right to use the MREL Websites at any time without notice, whereupon you are no longer authorized to use the MREL Websites and the Content. In the event of any termination of this Agreement or your right to use this Website and the Content, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the MREL Websites and the Content and MREL may continue to use and disclose your personal information in accordance with our privacy statement, as amended from time to time. All provisions of this Agreement that by their nature are intended to continue after the termination of this Agreement shall survive and continue after such termination.
Use of the MREL Websites is not authorized in any jurisdiction that does not give full effect to all of the terms and conditions of this Agreement.
The foregoing terms and conditions were last amended on 28 January 2010.
TERMS OF USE QUESTIONS
If you have a question about the Terms of Use, you can contact us at:
Corporate Vice President
MREL Group of Companies Limited
5-779 Sir John A MacDonald Blvd.
Kingston, Ontario K7L 1H3
Canada
