1.  Use and License.

The use of this Site is for your general information and use only. The content of the Site is subject to change without notice.

The Site, and any data, information and materials on the Site, including but not limited to text, graphics, logos, icons, photos, images and software (the "Content"), is owned by or otherwise provided by Performatrin or its licensors and is protected by Canadian and international copyright laws. Under these Terms of Use, you are granted the permission to electronically copy and to print in hard copy portions of this Site for your personal use only. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by these Terms of Use. Doing so will violate Performatrin's copyright and other proprietary rights.

"Performatrin" is a trademark of Performatrin or its licensors and may not be used without written permission and must not be used in connection with any product or service that is not identifiable as belonging to the Site, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Performatrin or its licensors. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Any rights not expressly granted herein are reserved.

2.  Communications by User

License to Performatrin. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Performatrin is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information; you grant Performatrin and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in an unlimited manner, and waive any moral rights you may have therein in favour of Performatrin.

Inappropriate Use. You may not use the Site to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited commercial electronic message or unsolicited bulk communications. You understand that we may (but are not obligated to) take any technical remedies to prevent spam or unsolicited commercial electronic messages, bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. You are prohibited from using the Site in any manner that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Performatrin will fully cooperate with any law enforcement authorities or court order requesting or directing Performatrin to disclose the identity of anyone posting any such information or materials.

3.  Links to Third Party Sites

The Site may contain links or references to third-party internet sites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. You acknowledge and agree that Performatrin shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other Sites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

You may not create a link to this Site from another web site or document without Performatrin's prior consent. To make a request, please contact us.

4.  Disclaimer

Because some jurisdictions do not allow limitations or exclusions of implied warranties, or limitations or exclusions of liability for certain types of damages, the limitations and exclusions below may not apply to you.

Performatrin expressly disclaims any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the services and other capabilities offered from the Site will be uninterrupted, or that the Content will be accurate, complete, current, adequate, or timely. Any Content downloaded is at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Content. To the fullest extent permitted by applicable law, the Site and the Content are provided on an "as is" and "as available" basis. Performatrin, its affiliates, and their respective officers, directors, employees, agents, affiliates, suppliers, licensors, successors and assigns, disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, merchantable quality and fitness for a particular purpose.

To the fullest extent permitted by applicable law, in no event shall Performatrin or its suppliers be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Site or the content, even if Performatrin or an authorized representative of Performatrin has been notified orally or in writing of the possibility of such damage.

5.  Indemnification

By using the Site, you agree to indemnify, hold harmless, and defend Performatrin, its affiliates, and their respective officers, directors, employees, agents, affiliates, suppliers, licensors, successors and assigns from and against any and all claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, reasonable legal fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Site in violation of these Terms of Use.

6.  Terms of Use Modifications

Performatrin reserves the right to revise these Terms of Use at any time without notice by updating this page. By using the Site, you are agreeing to be bound by the then current version of these Terms of Use. You should periodically visit this page to review the then current Terms of Use to which you are bound.

7.  General

The Site is intended for use in Canada and Performatrin makes no representation that the Site or Content is appropriate or available for use in other locations. Performatrin reserves the right to terminate or suspend access to the Site and/or to terminate these Terms of Use at any time without notice and for any reason whatsoever. To the full extent permitted by law, these Terms of Use are governed by the laws of the Province of Ontario and any dispute shall be submitted exclusively to the courts of competent jurisdiction in that province. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be severed from these Terms of Use and the remaining provisions shall remain in full force and effect. The failure of Performatrin to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Performatrin with respect to such breach or any subsequent breaches. You acknowledge that these Terms of Use and all documents related thereto are drafted in English at the express wish of the parties. L'utilisateur reconnaît que ces modalités d'utilisation et tous les documents y afférant sont rédigés en anglais à la demande expresse des parties.