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Terms of Use

This version is in effect as 1 April 2021.

Les Industries Polykar Inc. (“Polykar”) welcomes you to this website, www.polykar.com or www.polyapp.ca (individually and collectively, the “Website”), and/or this mobile application (the “App”), as applicable. When referring to either the Website and/or the App in these Terms of Use, the term “Site” will be used.

CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING TO ACCESS, USE OR DOWNLOAD THE SITE SINCE YOUR ACCESS TO, OR USE OR DOWNLOAD OF, THE SITE IS SUBJECT TO THIS AGREEMENT.

1. Your Acceptance of this Agreement
These Terms of Use (the “Agreement”) is an agreement between you and Polykar, and governs your access and use of the Site as well as all content and information available on or through the Site (including, without limitation, articles, text, photographs, images, illustrations, audio and video clips, tools, software and computer code). This Agreement also provides benefits to Polykar’s affiliates, suppliers and subcontractors (collectively, the “Affiliates and Suppliers”). By accessing or using this Site you signify that you have read, understood and agree to be bound by this Agreement, and all applicable laws, rules and regulations, and you represent and warrant that you have the legal authority to consent to and accept this Agreement. If you do not agree with each provision of this Agreement or if you are prohibited from accessing or using the Site by applicable law, please do not access or use this Site.

2. Changes to this Agreement
Polykar reserves the right, from time to time, in its sole discretion, to change, supplement or amend all or part of this Agreement as it relates to your future use of the Site, for any reason, and without any prior notice or liability to you or any other person. The then current version of the Agreement will be posted on the Sitea, and you are responsible for periodically reviewing the Agreement prior to accesing or using the Site. If any term, condition or any change thereto is not acceptable to you, you must discontinue immediately your use of this Site. Access to or use of this Site after any changes, supplements or amendments have been posted shall constitute your acceptance of this Agreement as amended. You may not change, supplement, or amend this Agreement in any manner.

3. Ownership and Permitted Uses of the Site
The Site (including any and all content, material, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Polykar or its respective owners, as the case may be, and is protected by Canadian copyright, trademark and other laws.

Your download or use of the Site does not transfer to you any ownership or other rights in the Site or its content, other than those expressly granted hereunder. You may use the Site only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Site for any other purpose or in any other manner is strictly prohibited.

Polykar hereby grants you a personal, limited, revocable, non-transferable, non-assignable and non-exclusive license to access, read and print the content of this Site for your personal, non-commercial, and not-for-profit use only. You may not modify any of the pages, nor remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Site and its content may not be copied, imitated, reverse engineered, reproduced, republished, downloaded, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Polykar. You may not use any of the software that is used in the operation or provision of the Site, except while you are using the Site in accordance with this Agreement.

4. No Linking, Framing, Mirroring, Scraping or Data-Mining
Links to the Website without the express written permission of Polykar are strictly prohibited. To request permission to link to the home page of the Website, please send an email to: marketing@polykar.com. Polykar may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.

The framing, mirroring, scraping or data-mining of the Site or any of its content in any form and by any means is also strictly prohibited.

5. Trademark Information
POLYKAR® and other marks and logos appearing on the Site are registered and unregistered trademarks, or trade names owned or licensed by Polykar (collectively, the “Marks”). Other product and company names and logos appearing on the Site may be registered or unregistered trade-names or trademarks of their respective owners. Any use of the trade-names, trademarks, and logos displayed on the Site, or any word, term, name or symbol that is likely to cause confusion with respect to the user’s connection or association with Polykar or its approval or sponsorship of the user’s products, is strictly prohibited. Nothing appearing on the Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Site.

6. Unsolicited Comments
Polykar hopes that you find the Site to be a valuable service and we welcome your questions and feedback. However, Polykar does not accept unsolicited ideas, including ideas for new advertising campaigns, new or improved products, services or technologies. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Unsolicited Comments”) to Polykar.

If you do send Unsolicited Comments to Polykar, Polykar must have the right to use them. Therefore, you grant (or warrant that the owner of the Unsolicited Comments grants) to Polykar and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, assignable, transferable, sub-licensable right and license to copy, modify, publish, create derivative works from, distribute, publicly display and otherwise use the Unsolicited Comments or any ideas, concepts, know-how or techniques associated with the Unsolicited Comments for any purpose whatsoever. You also agree, represent and warrant that all moral rights in the Unsolicited Comments are waived in favour of Polykar and its assigns.

7. Privacy Policy
Polykar collects, uses, stores and discloses your personal information in accordance with its Privacy Policy (“Privacy Policy”), which is incorporated by reference into this Agreement and may be viewed by clicking here. This Privacy Policy may be changed by Polykar from time to time in its sole discretion and without any prior notice or liability to you or any other person by making the amended Privacy Policy accessible through the Site. Changes will be effective upon posting to the Site. Your continued access and use of the Site and receipt or request of any electronic communications subsequent to any changes to the Privacy Policy will signify that you consent to the collection, use, storage and disclosure of your personal information in accordance with the then current version of the Privacy Policy.

Polykar cannot and does not guarantee the security or privacy of personal information that you provide through the Internet and accordingly you agree that access to and use of the Site, and the provision of personal information through the Internet to Polykar, is at your sole risk.

8. Other Websites
While the Site may contain links to third party websites, Polykar is not responsible for the content of any linked websites. Polykar provides these links only as a convenience and these linked websites are not under the control of Polykar. Polykar makes no representation or warranty regarding, and does not endorse, any linked websites, the information or any of the products or services appearing, available or described thereon. Links do not imply that Polykar sponsors, endorses, is affiliated or associated with, or is legally authorized to use any content displayed in or accessible through the links. When you access such websites, you are doing so at your own risk and you should abide by the terms and conditions of use of the third-party websites.

9. Disclaimer and Liability Exclusion
Polykar makes reasonable efforts to ensure that the general content of the Site is accurate and reliable. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION ANY WARRANTY OF CONDITIONS, ANY WARRANTY OF INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, OR USEFULNESS OR THE SITE CONTENT AND ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, OR THAT ARISES FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR TRADE PRACTICE, ALL OF WHICH ARE HEREBY DISCLAIMED BY POLYKAR AND ITS AFFILIATES AND SUPPLIERS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, POLYKAR AND ITS AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER, DEVICE AND RELATED EQUIPMENT AND SOFTWARE; (B) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE USE OF THE SITE WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (D) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND POLYKAR AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF AND ACCESS TO, THE SITE AND ITS CONTENT ARE AT YOUR OWN RISK AND DISCRETION.

POLYKAR AND ITS AFFILIATES AND SUPPLIERS WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND EXEMPLARY DAMAGES OR LOSSES, HOWSOEVER CAUSED, ARISING FROM, CONNECTED WITH, OR RELATING TO, THE SITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, OR RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, LINKS TO THIRD-PARTY WEBSITES, THIRD-PARTY CONTENT, PRODUCTS OR SERVICES, THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT UNDER ANY THEORY OF LIABILITY (WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING AND FUNDAMENTAL BREACH BY POLYKAR OR ANY PERSON FOR WHOM POLYKAR IS RESPONSIBLE EVEN IF POLYKAR, ITS AFFILIATES AND SUPPLIERS OR ANY OF ITS LAWFUL MANDATARIES OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO DISCONTINUE ALL USE OF THE SITE.

10. Indemnification
You agree to indemnify, defend, and hold harmless Polykar, its Affiliates and Suppliers (collectively, the "Indemnified Parties") from and against all claims, losses, expenses, damages and costs, including reasonable legal fees, sustained, incurred or paid by the Indemnified Parties, resulting from any violation of these terms and conditions or any activity related to your access to or use of the Site or posting on the Site by you or any other person accessing the Site on your behalf. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defence of any such claim or demand.

11. CONTACTING POLYKAR
Polykar would always like to hear from you. For general questions about our products or services, you may contact Polykar by email, or postal mail as below:
Email: info@polykar.com
Postal Mail: Les Industries Polykar Inc.
5637, rue Kieran
Saint-Laurent (Québec)
H4S 0A3, Canada

12. Termination of the Website and This Agreement
Polykar may, at any time without notice or liability to you, and for any reason whatsoever: (a) change, suspend or terminate, temporarily or permanently, the Site or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Site, all without any notice or liability to you or any other person. If you breach any provision of this Agreement, we may prohibit you from using this Site.

If this Agreement or your permission to access or use the Site is terminated by you or by Polykar for any reason, then: (a) this Agreement will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Site, and anything connected with, relating to or arising therefrom; and (b) Polykar may continue to use and disclose your personal information in accordance with the Privacy Policy, as amended from time to time.

13. Governing Law and Dispute Resolution
This Agreement, the Privacy Policy and all related matters are governed solely by the laws of the Province of Quebec, and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Polykar and you arising from, connected with or relating to the Site, this Agreement, or any related matters must be resolved before the courts of Quebec sitting in the City of Montreal, Quebec, Canada, and you hereby irrevocably submit and consent to the original and exclusive jurisdiction of those courts in respect of all disputes.

14. Entire Agreement
This Agreement, as it may be amended from time to time, and any other notices, policies, disclaimers and other terms and conditions contained in the Site, including our Privacy Policy, constitute the entire agreement between you and Polykar with respect to the access or use of this Site and the content and supersede any previous and contemporaneous communications, representations, understandings, proposals and agreements, whether oral, electronic or written, between Polykar and you with respect to such subject matter. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be interpreted as necessary to carry out the intent of the parties and the other provisions herein shall remain in full force and effect.

15. Other Matters
The provisions of this Agreement shall enure to the benefit of and be binding upon each of Polykar and its Affiliates and Suppliers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives (and those of any person you represent).
You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Polykar, which may be withheld in Polykar’s sole discretion. Polykar may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.

No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party.

You (on the one hand) and Polykar, its Affiliates and Suppliers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Site.

Each of Polykar’s service providers and licensors shall be third party beneficiaries to this Agreement, and shall be entitled to directly rely on and enforce any provisions of this Agreement which confer a benefit on or rights in favor of Polykar. No other person or entity shall be a third party beneficiary to this Agreement.

All provisions of this Agreement that consist of or relate to notices, ownership of intellectual or other property, confidentiality obligations, representations, warranties, limitations of liability, disclaimers, indemnification, dispute resolution, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Site or any Site content, shall survive the revocation, expiration or termination, in whole or in part, of this Agreement, or any license hereunder or thereunder, however and whenever occurring.

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.

Any rights not expressly granted by this Agreement are reserved to Polykar.