Terms & Conditions

dahl Website Terms & Conditions of Use

Last Updated: March 29, 2018

Welcome to www.dahlvalve.com, the Web Site (the “Site”) for dahl Valve Limited (the “Company”, “we,” “us,” or “our”).

ACCESS TO AND USE OF THIS SITE IS SUBJECT TO THE FOLLOWING LEGALLY BINDING TERMS AND CONDITIONS (THE “TERMS” OR “AGREEMENT”) AND ALL APPLICABLE LAWS. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. THESE TERMS CONTAIN, AMONG OTHER LEGALLY BINDING PROVISIONS, DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES AS WELL AS EXCLUSIONS AND LIMITATIONS OF LIABILITY.

BY ACCESSING AND/OR USING THIS SITE, YOU AGREE TO THESE TERMS AND AGREE TO BE BOUND BY THEM. YOU MAY NOT USE THIS SITE IF YOU DO NOT AGREE TO THESE TERMS.

The Company may at any time change these Terms, without notice or obligation to you and your continued use of the Site after such changes have been posted will constitute your acceptance of the changes. You should therefore periodically visit this page to review the then-current Terms.

Use of Site

By accessing and using the Site, you agree to not use the Company’s products or services or the Site for any unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable purpose, or that may infringe on any patent, trademark, trade secret, copyright or other proprietary rights, of the Company or any third party.

The viewing, printing or downloading of any text, documents, photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations and other information provided by us on or through this Site, including user interfaces and the selection, coordination and arrangement of such information (“Content”) from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You agree not to download, display or use any Content located on the Site for use in any publications, on websites other than the Site for any commercial purpose, in connection with products or services that are not the Company’s, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company and/or its licensors, that dilutes the strength of the Company and/or its products and trademarks, or that otherwise infringes the Company’s intellectual property rights

Ownership and Copyright

The Content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as expressly allowed herein (“Use of Site”), is strictly prohibited. You do not acquire ownership rights to any Content viewed through the Site. By posting of information or materials on the Site, the Company does not waive any rights in such information and materials.

Limitations on Liability and Disclaimers

The Company tries to ensure that the information on this Site is accurate, complete and current as of the dates indicated. However, the Company makes no guarantees or warranties of any kind, express or implied, regarding the Content or operation of the Site. You access and use this Site at your own risk. All Content available on or through the Site is provided “AS IS” and the Company is not responsible for its use or misuse. Access to this Site from locations where the Content may be illegal is prohibited and you are responsible for compliance with applicable local laws. You are also responsible for taking all necessary precautions to assure that any material you obtain from this Site is free from computer viruses, worms, Trojan horses or other destructive devices.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE and CONTENT, INCLUDING, WITHOUT LIMITATION, (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE CONTENT, (IV) WARRANTIES RELATING TO THE OPERATION OF THE SITE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS) (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY THE COMPANY OR ANY THIRD PARTY, AND (VI) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL OR SECURE. THE USE OF THIS SITE AND THE CONTENT IS AT YOUR OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.

In addition, the Company does not warrant that this site or the server that makes it available are free of viruses or other harmful components and you (and not the Company) assume the entire risk and cost of all necessary servicing, repair or correction as a result of any harm caused to you or your property as a result of any such viruses or other harmful components.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTIONS, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEB SITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ANY OF OUR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, OR ANY LINKED SITE IS TO STOP USING THE SITE, CONTENT, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Content and Changes

The Company assumes no obligation to update the Content. The Content may be changed without notice to you. The Company is not responsible for any Content that you may find undesirable or objectionable. The Company disclaims any liability for unauthorized use or reproduction of any portion of this Site.

Communication

The Site may enable users to submit their own communications or material. By uploading and submitting any such content, you agree that it shall be non-confidential and you automatically grant (or warrant that the owner of such content expressly granted) to the Company and our designees a non-exclusive, royalty-free, fully paid up, worldwide, transferable, sublicensable, assignable, perpetual, irrevocable right and license to use, reproduce, publicly display, publicly perform, digitally perform, distribute, create derivative works based on, adapt (including without limitation edit, modify, translate and reformat), transmit, make, have made, sell, offer for sale and import such materials or incorporate such materials into any form now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions. For all such materials that you submit to or through the Site, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such materials, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding all materials that you submit to or through the Site that you may have under any applicable law under any legal theory. The Company is under no obligation to respond to any content posted to this Site. Do not post or transmit any (i) unlawful, threatening, libelous, defamatory, obscene, pornographic, indecent or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence or violate any law or regulation; (ii) solicitations for commercial activities; (iii) any information that violates any right of a third party or any law; or (iv) any software or other materials that contain a virus or other harmful component.

Use of Names, Logos and Marks

The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to the Company, our licensors or others, and are protected under trademark and other proprietary rights and laws. The trade names, trademarks and service marks owned by the Company, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Company’s or our licensors’ trade names, trademarks or service marks without our or their, respectively, express prior written consent.

Jurisdiction

These Terms shall be construed in accordance with the laws of the Province of Ontario (other than Ontario principles of conflicts of law) and the laws of Canada applicable in the Province of Ontario and shall be treated in all respects as an Ontario contract. To the extent permitted by law, all disputes arising out of or in connection with or in relation to these Terms shall be submitted to the jurisdiction of the courts of the Province of Ontario which shall have exclusive jurisdiction over any such dispute. Each of the parties irrevocably agrees to submit to the personal jurisdiction of the courts of the Province of Ontario, and to waive any jurisdictional, venue or inconvenient forum objections to such courts.

These Terms are effective until terminated. The Company, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if the Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that the Company may immediately deactivate or delete your password and user name, if any has been provided, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that the Company shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

Notice for California Users

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Site, please send an email to info@dahlvalve.com. You may also contact us by writing to dahl Valve Limited, 2600 South Sheridan Way, Mississauga, Ontario, Canada L5J 2M4 Attention: Customer Care, or by calling us at 1-905-822-2330. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Indemnity

You agree to defend, indemnify and hold the Company and its officers, managers, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the terms and conditions contained in this Agreement, or (e) your violation of any rights of a third party, including intellectual property rights.

Questions

We welcome questions, comments and other feedback about this Terms, the Site and about our products. However, please be aware that we will treat all such communications as non-confidential and may reproduce, use, disclose and distribute them without notice or obligation to you. If you have any questions or comments, please contact us.