Terms of Use

Terms and Conditions of Use of the Alumicor Website (“Alumicor Website”)

THIS SET OF TERMS AND CONDITIONS (“Alumicor Website Terms Of Use,” or “Terms Of Use”) APPLIES TO YOUR USE OF THE ALUMICOR WEBSITE. YOUR USE OF THE ALUMICOR WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE, AND YOUR AUTHORIZATION TO CONTRACTUALLY BIND THE PERSON OR ENTITY ON WHOSE BEHALF YOU HAVE DONE SO, IF ANY. REFERENCES HEREIN TO “YOU” AND “YOUR” REFER TO BOTH YOU AND SUCH PERSON OR ENTITY IN WHOSE BEHALF YOU ACT, IF ANY.

GRANT, RESTRICTIONS, AND OWNERSHIP

Alumicor and its suppliers, as applicable (“Alumicor “), hereby grant you the right to use the content comprising the Alumicor Website (the “Content”). You may print the Content on the Alumicor Website intact from within your browser for personal and fair use purposes only. The Content has been compiled by Alumicor from a variety of sources, and is subject to change without notice. You may not attempt to “pass-off” any of the Content as your own work. You acknowledge that certain areas of the Alumicor Website may apply other rights and/or restrictions to their use in their own manner (“Separate Licenses”). Any language within these Terms Of Use is subject to language in the Separate Licenses to the contrary, as to their subject matter.

SOFTWARE

Specifically, but without limitation, any computer software downloadable or otherwise available through the Alumicor Website is licensed subject to the terms and conditions of its own applicable license agreement, and specific terms and conditions applicable to Software in download licenses within the Alumicor Website or otherwise available through the Alumicor Website will supersede the provisions of these Terms Of Use.

The use of certain areas of the Alumicor Website is further restricted to Alumicor support customers. You may not copy, adapt, modify, display, perform, or otherwise use the Content (including use the Content on any other web site or networked computer environment) for any other purpose or in any other manner without the prior express written permission of Alumicor or its suppliers, including without limitation such permission as may appear within the Alumicor Website.

Your use of the Content is conditioned on your maintaining all copyright, trademark and other proprietary rights notices appearing on the Content. Any unauthorized use of any of the Content may violate copyright laws of Canada, United States and, internationally, the copyright law of each jurisdiction reflecting pertinent treaties and conventions. In many instances, the Content is subject to international patent, trademark, and trade secret laws (collectively, the “Applicable Laws”), including without limitation as indicated selectively within the Content. Alumicor and/or its suppliers own the Content, which is generally protected by several of the Applicable Laws.

You agree that the Content is the proprietary information of Alumicor and/or its suppliers, and that you will conform your access, copying, and use of particular Content to the applicable Alumicor Website purposes indicated in association with the particular Content.

IMAGES IN ALUMICOR WEBSITE

Subject to other provisions hereof to the contrary, You may not use, reproduce or distribute any image in the Alumicor Website without securing the advance written consent of Alumicor. To request permission, please send an email to info@alumicor.com, including your name, address and a description of the purpose of your intended use and/or distribution and the image you would like to distribute.

COMMUNICATIONS FROM YOU TO THE ALUMICOR WEBSITE

Except for orders for products provided through the Alumicor Website and as specified in our Privacy Statement, all communications from You to the Alumicor Website will be considered non-proprietary and non-confidential, and Alumicor will have no obligations of any kind to You respecting such communications and will be free to use them on an unrestricted basis. Specifically, but without limitation, You authorize Alumicor to (i) reproduce, use, disclose and distribute such communications to others, and (ii) use any ideas, know-how, designs, concepts, techniques or the like contained in such communications for any purpose whatsoever. You are solely responsible for these communications and their legality under all applicable laws and regulations. You agree that you will comply with the terms of our Privacy Statement when using the Alumicor Website. You are responsible for the security of any account names, identification numbers or passwords associated with your access to and use of the Alumicor Website.

AVAILABILITY OF ALUMICOR WEBSITE

You acknowledge that temporary interruptions in the availability of the Alumicor Website may occur from time to time as normal events. Under no circumstances will Alumicor or its suppliers be held liable for any damages due to such interruptions. The Alumicor Website and the Content may include technical inaccuracies or typographical errors. The Alumicor Website is made available internationally and may contain references to products, programs and services of Alumicor and/or its suppliers that are not available in your location. Such references do not imply that Alumicor or its suppliers intend to make available such products, programs or services in your location.

MONITORING

It is neither the policy nor a practice of Alumicor to review communications with the Alumicor Website to determine that such communications comply with these terms and conditions and applicable laws and/or regulations; however, Alumicor reserves the right to review such communications but has no such obligation. Alumicor shall have no responsibility or liability for the content of any communications posted to the Alumicor Website, nor for any errors or violations of any applicable laws or regulations. Alumicor will comply with court orders in any jurisdiction directing Alumicor to disclose the identity of anyone posting communications to the Alumicor Website.

LINKS WITH OTHER SITES

Alumicor is not responsible for the content of any other web site linked to or from the Alumicor Website. If you link to another site, you leave the Alumicor Website. If you decide to link to another site, you do so entirely at your own risk. Alumicor may provide links from the Alumicor Website to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.

EXPORT/ENCRYPTION CONTROL

You acknowledge that Canada and USA export control laws and regulations apply to the entire Alumicor Website, including without limitation the U.S. Department of Commerce Export Administration Regulations (“E.A.R.”) which prohibit the export or re-export of products and technology to certain countries and persons. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the Alumicor Website will supersede the provisions of this paragraph.

U.S. GOVERNMENT LIMITED RIGHTS

You hereby acknowledge that any software (except as to open/free source) acquired from the Alumicor Website, including without limitation through the Alumicor Website, is acquired as “commercial computer software” (except as to included open/free software), subject to the provisions of its applicable license, as specified in the FAR 52.227-19 and/or the DFAR 227.7202, or successive sections. Contractor/manufacturer and/or direct/indirect supplier is Alumicor; 33 Racine Road, Rexdale Ontario, M9W 2Z4. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the Alumicor Website will supersede the provisions of this paragraph.

DISCLAIMER

THE CONTENT PROVIDED AT THIS ALUMICOR WEBSITE IS PROVIDED “AS IS” AND ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY IS HEREBY EXCLUDED. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to You. Alumicor does not warrant the accuracy and completeness of the Content on the Alumicor Website. Alumicor takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of the Alumicor Website. The Content at the Alumicor Website may be out of date, and Alumicor makes no commitment to update the Content at the Alumicor Website. Information published at the Alumicor Website may refer to products, programs or services that are not or are no longer available in your geographic location. If software available through the Alumicor Website is made applicable to its own license terms and conditions, such terms and conditions supersede any terms and conditions of these Terms of Use. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the Alumicor Website will supersede the provisions of this paragraph.

LIMITATION OF LIABILITIES

IN NO EVENT WILL ALUMICOR OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING IN RELATION TO THESE TERMS OF USE AND/OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE ALUMICOR WEBSITE, THIS WEBSITE, ANY WEB SITES LINKED TO THIS ALUMICOR WEBSITE, OR THE CONTENT CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ALUMICOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE FOREGOING RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF HARDWARE, SOFTWARE AND/OR DATA, YOU ASSUME ALL COSTS RELATED DIRECTLY AND/OR INDIRECTLY THERETO. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the Alumicor Website will supersede the provisions of this paragraph.

INDEMNIFICATION

Upon the request of Alumicor, you agree to defend, indemnify and hold harmless Alumicor and its suppliers, affiliates, representatives, officers, directors, employees and attorneys from and against all liabilities, claims, costs and expenses, including attorney fees, that arise in relation to your accessing or use of the Alumicor Website and/or these Terms Of Use or your uploading, downloading or transmission of any communications or Content on the Alumicor Website. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the Alumicor Website will supersede the provisions of this paragraph.

TRADEMARKS

The trademarks, service marks and logos (trademarks) of Alumicor and/or others used on the Alumicor Website are the property of Alumicor, its suppliers, or their respective owners. You may not use, and nothing contained on the Alumicor Website grants, by implication, waiver, estoppels or otherwise, any right to use, any trademark displayed on the Alumicor Website without the written permission of Alumicor; or the respective owner, which written permission may be expressed within the Alumicor Website.

AGREEMENT IN ENGLISH

You and we agree that these Terms Of Use and all related documents be written and interpreted in the English language. Les parties ont exigé que les présent contract et tous les documents connexes soient rédéges en anglais.

GOVERNANCE

This Alumicor Website is operated and controlled from Alumicor’s offices in Toronto, Canada. It can be accessed from any of the provinces in Canada and 50 states in the United States and from other countries of the world. The laws of Ontario (and Canadian and U.S. federal law, if applicable), without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Alumicor Website and your connection to and use of the Alumicor Website. Both Alumicor and you submit to exclusive jurisdiction in Ontario and further agree that any cause of action arising out of or in connection with these Terms Of Use shall be brought only in the federal or state courts in Toronto, Ontario.

Alumicor makes no representation or warranty that any communications or Content on the Alumicor Website are lawful in other jurisdictions or available for use in all jurisdictions, and accessing them from territories where their contents are illegal is prohibited. You agree that if you access our Alumicor Website from another jurisdiction that you are responsible for compliance with local laws. If any provision of these Terms Of Use is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms Of Use will remain in full force and effect.

* Alumicor Limited or Alumicor Corp.