Terms of Use

IMPORTANT! These Terms of Use govern your use of this site (“Site”) which is owned and operated by Dynamic Source Manufacturing Inc. (“DSM”) . Any person who wishes to use this Site must accept these Terms of Use without change. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE AND ALL RELATED POLICIES AND GUIDELINES OF THIS SITE.

These Terms of Use or any other policies or guidelines governing the Site are subject to change by DSM at any time in its sole discretion. Any changes will be effective upon the posting of the revisions on the Site. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. Your continued use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms of Use regularly. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF USE, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE.

1. Restrictions On Use

You may use this Site for your own internal purposes as expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without DSM’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site; (ii) frame this Site; or (iii) hyperlink to this Site, without the express prior written permission of an authorized representative of DSM. For purposes of these Terms of Use, “co-branding” means to display any name, logo, trade-mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site or which may confuse a user as the nature of the relationship between any party and DSM. You agree to cease and desist causing any unauthorized co-branding, framing or hyperlinking upon notice from DSM and at all times you will cooperate with DSM following DSM’s discovery of any such illegal activity.

2. Proprietary Information

(a) The Site and any other World Wide Website owned, operated, licensed by DSM accessible from this Site, contains text, graphics, photos, software, logos, trade-marks, icons and other materials, including press releases, job posting and descriptions of DSM’s products and services (“Site Content”) furnished by DSM. The Site Content is protected under Canadian copyright and trade-mark laws and other laws of Canada and other nations. All Site Content, including the collection, arrangement, and assembly of such content, is the exclusive property of DSM and its licensors. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Site Content, in whole or in part, in an form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of DSM. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of DSM or its licensors or allow any third party to access the Site Content. The restrictions set out herein shall not apply to the limited extent the restrictions are prohibited by applicable law.

(b) Permission is granted to you to download and make one printed copy of the Site Content for your own private, non-commercial use only, without alterations, so long as the following copyright notice is included: “Copyright © Dynamic Source Manufacturing Inc. All rights reserved.” You do not acquire any ownership rights by downloading Site Content from the Site.

(c) Trade-marks, service marks, and logos appearing in this Site are the property of DSM or the party that provided the trade-marks, service marks, and logos to DSM. DSM and any party that provided trade-marks, service marks, and logos to DSM retain all rights with respect to any of their respective trade-marks, service marks, and logos appearing in this Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark displayed on this Site.

3. Hyperlinks

This Site contains hyperlinks to other sites which are not maintained by, or related to, DSM. Hyperlinks to such sites are provided solely as a convenience to you and do not imply any endorsement by DSM of, any affiliation with or endorsement by the owner of the linked site. DSM has no control over such third party sites. DSM is not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to the Site. DSM does not assume responsibility for the accuracy, completeness, accessibility and usefulness of the information, data, opinions, advice or statements contained at such sites and your access and use of such third party sites, including any information, material, products and services therein, is solely at your own risk. DSM accepts no liability for any indirect, incidental, exemplary, consequential, punitive or other losses or damages of whatsoever kind arising out of access to or use of any hyperlinked website or any information or reliance on any such content, goods or services available on or through any such linked website.

4. Disclaimer of Warranties/Limitation of Liability

(a) You understand that DSM cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. DSM does not assume any responsibility or risk for your use of the Internet.

(b) You, and not DSM, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this Site or its Site Content. Any Site Content downloaded or otherwise obtained through your use of the Site is used by you at your own risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the downloading of such material. DSM does not represent or warrant that the Site Content, the Site, its servers or email sent from the Site are free from viruses or other harmful components. The Site Content is provided for informational purposes only, is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by DSM. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

(c) YOUR USE OF THIS SITE IS AT YOUR OWN RISK. EVERYTHING ON THE SITE, INCLUDING THE SITE CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. DSM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE.

(d) DSM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE COMPLETENESS, ACCURACY, AVAILABILITY OR APPROPRIATENESS OF THE SITE, THE SITE CONTENT OR ITS USEFULNESS FOR YOUR PURPOSES. FOR GREATER CLARITY, DSM DOES NOT REPRESENT OR WARRANT THAT (I) THE FUNCTIONS OR SITE CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED, RELIABLE, ACCURATE, COMPLETE, SUITABLE, VALID, TRUTHFUL, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (II) THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (III) THE USE OF THE SITE CONTENT AND THE SITE WILL BE TIMELY, SECURE, OR ERROR-FREE; (IV) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE CONTENT AND THE SITE WILL ACCURATE, BENEFICIAL OR RELIABLE; OR (V) THE QUALITY OF ANY SITE CONTENT OBTAINED BY YOU THROUGH YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. THE SITE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND DSM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.

(e) IN NO EVENT SHALL DSM, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, THIRD PARTY PROVIDERS, SERVICE PROVIDERS, AGENTS OR ADVISORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF INCOME, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR OTHER ECONOMIC LOSS ARISING FROM: (I) YOUR USE OR INABILITY TO USE THE SITE, THE SITE CONTENT OR ANY SITE TO WHICH YOU HYPERLINK FROM THE SITE; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE SITE CONTENT VIOLATES ANY INTELLECTUAL PROPERTY RIGHT OR PRIVACY RIGHT; (III) ANY FAILURE OF PERFORMANCE OF THE SITE OR THE SITE CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; OR (IV) ANY OTHER MATTERS RELATING TO THIS SITE OR THE SITE CONTENT, BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT SUCH DSM HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES.

(f) DSM DISCLAIMS ANY AND ALL SUCH ABOVE REPRESENTATIONS, WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

(g) IF, NOTWITHSTANDING THE FOREGOING, DSM SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGES WHICH ARISE OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THIS SITE OR ITS SITE CONTENT, THE MAXIMUM LIABILITY OF DSM WILL IN NO EVENT EXCEED, IN THE AGGREGATE, CDN$500.

5. Indemnity

You agree at all times to indemnify, defend and hold harmless DSM, its subsidiaries, affiliates, licensors, Third Party Providers, service providers, employees, contractors, agents, officers, directors, successors and assigns (the “Indemnified Parties”) from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of the Site, the Site Content or from your violation of these Terms of Use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of Site Content from this Site.

6. Violations

Please report any violations of these Terms of Use to DSM at (403) 516-1888.

7. Applicable Law

These Terms of Use and any action related thereto or related to the Site and the Site Content shall be governed, controlled, interpreted and defined by and under the laws of the Province of Alberta and the federal laws applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement. You agree that any action at law or in equity arising out of or relating to these Terms of Use or your use of the Site and the Site Content will be filed only in a court located in Calgary, Alberta, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action. Your use of the Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use the Site or the Site Content in any such circumstances. Sections 2-5, 7, 9-14 shall survive any termination of these Terms of Use for any reason.

8. Termination

You acknowledge and agree that these Terms of Use shall remain in effect for so long as you use this Site. You agree that this agreement can only be terminated by you once you have stopped using the Site. DSM reserves the right to terminate your use of the Site at any time, for any reason, with or without cause, if DSM believes that you are violating these Terms of Use in any way.

9. Entire Agreement

These Terms of Use and any other legal notices, policies and guidelines of DSM linked to these Terms of Use constitute the entire agreement between you and DSM relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

10. No Agency; Third Party Beneficiary

DSM is not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms of Use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of DSM, you, and relying Third Party Providers.

11. Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

12. Severability

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

13. No Waiver

DSM will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by DSM. No delay or omission by DSM in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. DSM’s failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of DSM’s right to subsequently enforce such provision or any other provisions of these Terms of Use.

14. Headings

The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms of Use.