Acknowledgement and acceptance of Terms of Use

Thank you for visiting our website. Please read the terms and conditions of use (the “Terms of Use”) set forth below carefully as they set forth the terms and conditions of use of the terepac.com website (the “Website”). By accessing, viewing, downloading or otherwise using the Website or any webpage or feature of the Website you agree to be bound by the Terms of Use and any other policies or agreements made part of the Terms of Use by reference including, without limitation, the Privacy Policy, as well as any new, different or additional terms, conditions or policies which Terepac may establish from time to time.

If you do not agree to the Terms of Use, then you must discontinue accessing the Website. Terepac may modify the Terms of Use at any time, without notice and in its sole discretion. Your continued use of any portion of the Website after any modification will constitute your acknowledgement and acceptance of the Terms of Use as modified. Please consult the Terms of Use regularly.

Privacy

Terepac’s policies and procedures with respect to its collection of your personal information are governed by our privacy policy (the “Privacy Policy”), which is incorporated into the Terms of Use by reference. To view the Privacy Policy, please click here.

Our license grant to you

Subject to the terms and conditions set forth in the Terms of Use, Terepac grants you a non-exclusive, royalty-free, revocable, non-transferable, limited right to access and use the Website. You agree that you will not use the Website to: (i) misappropriate the intellectual property rights of Terepac or its affiliates; (ii) attempt to deface, modify or manipulate any of the Website or employ any tactic to defeat or evade any security feature employed by the Website; or (iii) modify, erase or damage any information contained on the Website or any computer hardware or information storage device owned or used by Terepac.

Copyright

Information on the Website, including but not limited to text, graphics, images, downloadable content, and links to other Internet resources, (the “Website Information”) are protected under the copyright laws of Canada and other countries. Certain items of the Website Information may be copyrighted materials of others. Unless otherwise specified, no one has permission to copy, redistribute or republish, in any form, any of the Website Information.

Trademark

Unless otherwise indicated, all marks displayed on the Website are subject to Terepac’s trademark rights. All rights in the product names, company names, trade names, logos and designs of Terepac or a third-party, whether or not appearing with the trademark symbol, belong exclusively to Terepac or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable.

Indemnity

You agree to indemnify and hold Terepac, its subsidiaries, affiliates, licensors, employees, agents, officers and directors (the “Indemnified Parties”) harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Indemnified Party in connection with any claim (whether by Terepac and/or a third party), including without limitation, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, arising out of: (i) your use of the Website; (ii) your connection or access to the Website; (iii) your violation of the Terms of Use; or (iv) your violation of the rights of any other person or entity.

We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

The website is “as-is”

USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED “AS IS”. TEREPAC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “TEREPAC PARTIES”) EXPRESSLY DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE TEREPAC PARTIES DO NOT WARRANT THE ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE OR ANY PART THEREOF, AND DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS.

Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE TEREPAC PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE OR ANY OF THE WEBSITE INFORMATION, OR AN ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE, EVEN IF SUCH TEREPAC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Third party web site disclaimer

Please note that certain links made available through the Website may take you to other websites. Links to other websites or other resources which are not created or controlled by Terepac (“Linked Sites”) are intended for convenience only. Linked Sites are wholly independent from Terepac, therefore Terepac has no control over any products, services, materials, or other information contained in or available through these third party websites. Access to any third party websites through the Website, regardless of whether the offense website is a Linked Site or not, is entirely at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive devices and programs. Terepac makes no representation or warranty regarding, nor endorses, any Linked Sites or the information appearing thereon or any of the products or services described thereon.

E-mail to Terepac

E-mail sent over the Internet is not secure and not confidential and may be intercepted or lost or possibly altered. If you send Terepac confidential information by e-mail, Terepac will not be liable if it is lost or intercepted, altered or misused by someone else. If you send Terepac e-mail, you agree that Terepac may (at its sole discretion) respond to you by e-mail, and provide by e-mail any confidential information that you have requested; you also agree that Terepac will not be liable if the information provided is lost or intercepted, altered or misused by a third party. Subject to our commitment to handle personal information pursuant to the Privacy Policy or alternate agreements, any communication or material you post or transmit to Terepac over the Internet is, and will be treated as, non-confidential and non-proprietary. Furthermore, do not post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or violate any law.

Submission of ideas or suggestions

Terepac is always improving the Website and the Services and developing new features. If you have ideas or suggestions regarding improvements or additions, Terepac would like to hear them – but any submission will be subject to these Terms of Use. Under no circumstances will any disclosure of any idea or suggestion or related material to Terepac and/or its affiliates or licensors be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea or suggestion or any related material to Terepac and/or its affiliates or licensors, you are waiving any and all rights that you may have in the idea or suggestion or any related material and are representing and warranting to Terepac and/or its affiliates or licensors that the idea or suggestion or any related material are wholly original with you, that no one else has any rights in the idea or suggestion or any related material and that Terepac and/or its affiliates or licensors is free to implement the idea or suggestion and to use the related material if it so desires, as provided or as modified by Terepac and/or its affiliates or licensors, without obtaining permission or license from any third party.

Beneficiaries

Terepac Parties are not parties, but intended third party beneficiaries of the Terms of Use, with a right to enforce the Agreement directly against you.

Governing law

The Terms of Use and any sales thereunder shall be deemed to have been made in the Province of Ontario and shall be governed by and construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby agree to the non-exclusive jurisdiction of the courts of the Province of Ontario, Canada, without regard to the conflicts of laws principles. Notwithstanding anything in these Terms of Use, to the extent that consumer protection legislation requires certain provisions to apply to you, such provisions will apply to these Terms of Use.

General provisions

The failure of Terepac to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. If any provision of the Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.

Should you have any questions concerning the Terms of Use, contact Terepac at:

Terepac Corporation
621 Colby Drive, #5
Waterloo, Ontario
N2V 1B4 Canada
T. 519.885.9993
F. 519.884.8452