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Terms and Conditions

Version 2.0 (March 14, 2022)

The following Circular Materials Website Terms and Conditions, together with any documents and additional terms they expressly incorporate by reference (as updated from time to time, the “Website Terms”) govern your access to and use of: (a) our website located at https://www.circularmaterials.ca/ (the “Website”); and (b) any text, pictures, media, data, information and other materials or content (collectively, the “Content”) contained on or provided through the Website.

These Website Terms form an agreement between Circular Materials, a federal not-for-profit corporation operating as Circular Materials Ontario (“Circular Materials”, “us”, “we”, “our”) and you. The term “you” refers to the person or entity browsing, accessing or otherwise using the Website, including any Content (“use” or “using” in these Website Terms will mean any of the foregoing).

By using the Website, you: (a) represent and warrant that (i) you have reached the age of majority in your jurisdiction, and (ii) you have the capacity to enter into binding obligations, and (b) agree to be bound by and comply with these Website Terms, as updated from time to time.

These Website Terms do not alter in any way the terms or conditions of any other agreement you may have with us.

If you have any questions about this Website, please contact us at info@circularmaterials.ca.

Updates

Except where prohibited by applicable law, we reserve the right, in our sole discretion, to update or change these Website Terms at any time by posting a new version to the Website.  Any and all such updated or changed Website Terms are effective immediately upon posting and apply to all access to and continued use of the Website and Content. It is your obligation to monitor the Website for any such changes.  Your continued access to or use of the Website or Content after any changes to these Website Terms indicates your acceptance of such changes.

We reserve the right to modify or discontinue the Website, or any information, materials, or Content on the Website at any time, without notice and without any liability to you.

Privacy Policy

Circular Materials’ Privacy Policy, available at https://www.circularmaterials.ca/privacy-policy/ is incorporated herein by reference and forms a part of these Website Terms.  Any personal information you submit to Circular Materials will be subject to our Privacy Policy.

Ownership and Copyright

All right, title and interest, including intellectual property rights, in and to the Website and the Content, and any updates, adaptation, translation, customization or derivative works of or to the Website or the Content, will remain the sole property of us (or our third-party partners or licensors, as applicable).

The Website and all other materials provided by us in connection with the Website, including the Content, are protected by copyright in Canada, the United States and elsewhere in the world pursuant to the Berne Convention. Except as set forth herein, you are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling any part of the Website or the Content without our express prior written consent. You may download one copy of the Content for your own non-commercial, informational purposes. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited.

You are prohibited from modifying or deleting any intellectual property notices contained on the Website, including any digital rights or other security technology embedded or contained within any Content.

Any trademarks, names, graphics, logos or other identifying marks appearing on the Website or in the Content are the exclusive property of us (or our third-party partners or licensors, as applicable) and may not be used in any manner without our express written consent.

The Website and the Content are made available and not “sold” to you.  We are not providing you with any implied or express licenses or rights by making the Website and the Content available to you. All rights not expressly granted to you in these Website Terms are reserved by us.

Conditions of Use

This Website and the Content are for your informational use only.  You agree that, in using the Website, including the Content, you will not:

  1. in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding patent, trademark, trade secret or copyright;
  2. use the Website, including the Content, in a manner that: (a) is false, inaccurate or misleading; (b) is fraudulent; or (c) involves the sale of illegal or stolen goods;
  3. collect product listings, descriptions or images;
  4. use any data mining, robots, or similar data gathering or extraction methods with the exception of accessing RSS feeds, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Website or any part thereof or otherwise attempt to discover any source code;
  5. create or transmit unwanted ‘spam’ to any person or any URL;
  6. violate or attempt to violate the security of the Website;
  7. disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Website (e.g., a denial of service attack) or bypass any measures we may use to prevent or restrict access to the Website;
  8. use the Website, including the Content, for the purpose of building a similar or competitive product or service;
  9. use the Website, including the Content, to distribute viruses, malware or other similar harmful software code;
  10. represent or suggest that Circular Materials endorses any other business, product or service unless we have separately agreed to do so in writing;
  11. attempt to restrict any other user from using or enjoying the Website;
  12. interfere in any way with the business of any other user of the Website;
  13. use the Website, including the Content, in any other way that violates these Website Terms; or
  14. authorize, permit, enable, induce or encourage any third party to do any of the above.

Communications Not Confidential; Malicious Code and Security

Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Circular Materials strives to protect your information, we do not warrant or guarantee the confidentiality of any communications made to you through the Website or the security of data transmitted over the Internet or public networks in connection with your use of the Website. The downloading and viewing of Content is done at your own risk. We do not guarantee or warrant that the Website is compatible with your computer system or that the Website, or any links from the Website, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties.

Third Party Content

The Website may provide you access to third party content, platforms, websites or services (“Third Party Content”) through links on the Website, including embedded links on the Website that will re-direct you to such Third Party Content. Because Circular Materials has no control over such Third Party Content, you acknowledge and agree that Circular Materials is not responsible for the availability of such Third Party Content, and does not endorse nor guarantee the quality, availability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose of the Third Party Content. You further acknowledge and agree that Circular Materials will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Content.

Indemnity and Limitation of Liability

You will defend, indemnify and hold harmless us, our parents, subsidiaries, affiliates, and each of their and our respective officers, directors, employees, agents, independent contractors and partners, and any licensees, successors and assigns (the “Circular Materials Parties”) from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable legal and accounting fees, arising out of or in connection with: (a) your use of the Website or Content; or (b) your breach of any provision of these Website Terms.

To the maximum extent permitted by applicable law, in no event will the Circular Materials Parties be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from or relate to these Website Terms or the use of, or inability to use, the Website or the Content.

Under no circumstances will the Circular Materials Parties’ total aggregate liability to you for any and all claims resulting from or relating to these Website Terms or the use of, or inability to use, the Website or the Content exceed one hundred Canadian dollars (CDN$100).

The limitations of liability set out in this section apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitations of liability will apply to the fullest extent permitted by applicable law.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS: (A) THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (B) CONCERNING THE ACCURACY, LIKELY RESULTS, COMPLETENESS OR TIMELINESS, OR RELIABILITY OF THE USE OF THE CONTENT OR OTHERWISE RELATING TO SUCH CONTENT OR ANY SITES LINKED TO THE WEBSITE.

Electronic Communications

When you visit the Website or send emails to Circular Materials, you are communicating with us electronically. You consent to receive communications from Circular Materials electronically. Circular Materials may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Circular Materials provides to you electronically satisfy any legal requirement that such communications be in writing.

Term and Termination

These Website Terms will commence on the day you first access or use the Website or Content and will continue for as long as you access or use the Website or Content, unless earlier terminated in accordance with the provisions of these Website Terms (the “Term”). At any time, we may immediately suspend or terminate your rights to access or use the Website or Content. You may terminate these Website Terms at any time and with immediate effect by ceasing use of the Website and Content and deleting or destroying any copies of the Content in your possession or control. For greater certainty, if you continue to access or use any portion of the Website or Content after these Website Terms have been terminated, these Website Terms will continue to apply to the extent of such access or use.

Survival

The following sections, together with any other provision of these Website Terms which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Website Terms, will survive expiration or termination of these Website Terms for any reason: Privacy Policy, Ownership and Copyright, Conditions of Use, Communications Not Confidential; Malicious Code and Security, Third Party Content, Indemnity and Limitation of Liability, Disclaimer of Warranties, Survival, and General.

General

Unless otherwise expressly stated in these Website Terms, all notices from you to Circular Materials must be in writing and sent to our contact address at info@circularmaterials.ca and all notices from Circular Materials to you will be displayed on the Website from to time.

If any part of these Website Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction (including any provision in which we exclude or limit our liability to you) such provision will be severed from these Website Terms and all other provisions of these Website Terms will remain in full force and effect. If we choose not to enforce any right that we have against you at any time, this does not prevent us from later deciding to exercise or enforce that right.

These Website Terms (together with our Privacy Policy) contain the entire understanding and agreement between Circular Materials and you in relation to your use of the Website and the Content and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.

You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Website Terms to any other person. Any assignment in violation of this section will be void. The terms of these Website Terms will be binding upon permitted assignees. These Website Terms will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.

These Website Terms will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Website or Content.  This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

If you are residing in the Province of Québec, you acknowledge that you have examined the French version of these terms and conditions and that it is your express wish to be bound only by the English version of these terms and conditions. Si vous résidez dans la province de Québec, vous reconnaissez avoir pris connaissance de la version française de la présente convention et qu’il est votre volonté expresse d’être lié seulement par la version anglaise de la présente convention.