
Welcome to the website (the "Website") of ConForm Works Inc. ("ConForm").
IMPORTANT: PLEASE READ ALL OF THESE TERMS CAREFULLY – THEY LIMIT YOUR RIGHTS, AFFECT YOUR PRIVACY, CAUSE YOU TO GIVE UP THE RIGHT TO SUE CONFORM AND CAUSE YOU TO ASSUME ALL RISK OF USING THE WEBSITE.
BY ACCESSING THIS WEBSITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY ALL OF THESE TERMS. YOU ARE ALSO CERTIFYING THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT AND THAT YOU ARE NOT A MINOR (OR IF YOU ARE A MINOR, THAT YOUR PARENT OR GUARDIAN CONSENTS TO BE BOUND BY THESE TERMS ON YOUR BEHALF).
IF YOU DO NOT AGREE WITH THESE TERMS, YOU HAVE NO PERMISSION TO USE, AND YOU MUST NOT USE THE WEBSITE.
1. Changes to Terms and Conditions
ConForm has the right, in its sole discretion, to modify part or all of
these Terms at any time. Any change will be effective when notice
of updated Terms is posted on the Website. Please review the Website
frequently for updates. Your continued use of the Website after
any such changes are posted will constitute acceptance of these
changes.
2. Proprietary Rights
The Website and all works, content and materials on the Website, including
without limitation, all information, text, design, code, software,
graphics, images, drawings and photographs (the "Materials")
and all organization and presentation of the Materials which form
a part of the Website are the exclusive property of ConForm or its
licensors and are protected by intellectual property laws relating
to copyrights, trademarks, trade names, Internet domain names, trade
dress and other proprietary rights. Nothing on the Website shall
be construed as providing, by implication, estoppel or otherwise
any license to any proprietary or intellectual property rights in
or to any of the Materials to you or any other party, except as
expressly granted in these Terms.
The trademarks, service marks, logos, slogans and Internet domain names on the Website are the exclusive property of ConForm or its licensors. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property.
3. Permitted Uses
ConForm agrees to provide you access to the Website solely in accordance
with the Terms. In consideration for such access, you shall:
(a) not copy, reproduce, republish, upload, post, transmit, or distribute the Materials in any way whatsoever;
(b) use the Materials solely for lawful purposes;
(c) not interfere with the security of, or otherwise abuse the Website or any system resources, services or networks connected to or accessible through the Website;
(d) only use the Website if you are legally able to make binding contracts under applicable law, or have the permission of your parent or guardian to do so; and
(e) acknowledge that the unauthorized use of the Materials may cause irreparable harm to ConForm and that in the event of an unauthorized use, ConForm shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with ConForm.
4. Viruses & Network Problems
ConForm assumes no responsibility and shall not be liable to you or to any
other party for any damages caused by any malicious code, viruses,
"Trojan horses", "worms", "cancelbots"
or other harmful, disruptive or destructive files or computer programs
that may infect your computer equipment or other property on account
of your access to or use of the Website or your downloading of any
Materials.
ConForm assumes no responsibility and shall not be liable to you or to any other party for any damages or other problems caused by network outages or interruptions.
5. No Warranties or Guarantees
ConForm does not guarantee the accuracy or reliability of any of the Materials
or information contained in the Website, including without limitation
the accuracy of location information. You acknowledge and agree
that any reliance upon any of the Materials or information on this
Website shall be at your own risk and expense. ConForm does not
guarantee that use of the Website will be uninterrupted, accurate,
or error-free or that the Website or its server will be free of
viruses or other harmful components and ConForm assumes no responsibility
and shall not be liable for any damages to your computer equipment
or other property on account of your access to or use of the Website
or your downloading of any Materials.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONFORM PROVIDES TO YOU THE WEBSITE AND THE MATERIALS "AS IS", WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, NON-INTERCEPTION, NON-INTERRUPTION OR QUALITY, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
6. Limitation of Liability; Waiver and Release
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF WEB SITE AND THE MATERIALS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL
CONFORM OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES,
SHAREHOLDERS, PARTNERS, OR SUCCESSORS BE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, INDIRECT,
SPECIAL, EXEMPLARY, AGGRAVATED, PUNITIVE OR CONSEQUENTIAL DAMAGES,
DAMAGES FOR HARM TO BUSINESS, LOSS OF OPPORTUNITY, LOSS OF INFORMATION
OR DATA, LOSS OF REVENUE OR LOSS OF SAVINGS OR OTHER ECONOMIC LOSS,
EVEN IF SUCH PARTY (IES) HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR CLAIM, WHETHER IN AN ACTION IN CONTRACT OR TORT
INCLUDING NEGLIGENCE AND FUNDAMENTAL BREACH, OR BASED ON A WARRANTY
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEB SITE. NOTWITHSTANDING
ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT
OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE) THE ENTIRE LIABILITY
OF CONFORM IN CONNECTION WITH THE USE OF THE WEB SITE, AND YOUR
EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO $5.00
CANADIAN CURRENCY. THE FOREGOING LIMITATIONS, EXCLUSIONS
AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY WHATSOEVER, WITH RESPECT TO THESE TERMS THE OBLIGATIONS AND LIABILITIES OF CONFORM AND YOUR RIGHTS AND REMEDIES THAT ARE EXPRESSLY SET FORTH IN THESE TERMS ARE EXCLUSIVE AND IN SUBSTITUTION OF ANY OTHER OBLIGATIONS, LIABILITIES, RIGHTS OR REMEDIES WHATSOEVER WHETHER EXPRESS OR IMPLIED OR IN CONTRACT, LAW, EQUITY OTHERWISE (INCLUDING BUT NOT LIMITED TO ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, NEGLIGENCE, FUNDAMENTAL BREACH OR FAILURE FOR ESSENTIAL PURPOSE). YOU HEREBY WAIVE, RELEASE AND RENOUNCE ALL RIGHTS, CLAIMS AND REMEDIES AGAINST CONFORM THAT ARE NOT EXPRESSLY STATED IN THESE TERMS AND THAT MAY ARISE IN ANY WAY IN RELATION TO THESE TERMS.
7. Indemnity
You agree at all times to be liable to and to indemnify, defend and
hold harmless ConForm and its affiliates, agents, licensors, suppliers,
and their respective directors, officers, employees and shareholders
against all actions, claims proceedings, costs, demands, damages
and liabilities whatsoever sustained, incurred or paid by ConForm
directly or indirectly in respect of your (or any party that you
are responsible for or who accesses or uses the Website as a result
of you) use or misuse of the Website or the Materials, including,
without limitation, infringement claims and product liability.
8. Privacy
For information on our treatment of your personal information, including
information respecting your location and any other personal information
you submit to ConForm, please see our Privacy Policy.
9. General
(a) These Terms contain the entire agreement and understanding between
ConForm and you with respect to the Materials.
(b) The Website is controlled, operated and administered by ConForm from within the Province of Alberta, Canada. These Terms and your use of the Website are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, and you irrevocably agree to attorn to the non-exclusive jurisdiction of the courts of the Province of Alberta.
(c) ConForm's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
(d) Should any part of the Terms be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms had been eliminated.
(e) The Terms shall inure to the benefit of and be binding on ConForm and you, and ConForm and your permitted successors and assigns.
(f) All rights not expressly granted herein are reserved.

