Terms of Use – Interex Forest Products Ltd.

TERMS OF USE OF INTEREX WEBSITE

Last Modified: March 3, 2015

Welcome to Interex Forest Products Ltd.’s website and related web pages located at www.interexfp.com (“Website”).

This Website is offered to you by Interex Forest Products Ltd. (“Interex”, “we”, “us” or “our”) on the condition that you accept the terms, conditions, and notices hereunder (“Terms of Use”) without modification. Any use by you of this Website constitutes your agreement to all such terms, conditions and notices.

Except to the extent otherwise set forth herein, these Terms of Use do not provide you with a license to or any other rights to any products or services of Interex.

Interex reserves the right at any time without notice to change the Terms of Use under which the Website is offered. You are responsible for regularly reviewing these Terms of Use to ensure your continuing compliance with these Terms of Use. Your continued use of the Website is deemed to be acceptance of the amended Terms of Use.

Ability to Enter into these Terms of Use:

In order to enter into these Terms of Use, you must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and you must be fully able and competent to enter into the terms and conditions of these Terms of Use, and able to abide by and comply with these Terms of Use. If you accept these Terms of Use, you represent that you have the capacity to be bound by them.

Permitted Use:

Interex grants you a limited, revocable and non-exclusive license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Interex. You may not resell or make any commercial use of this Website or its contents.

You are specifically prohibited from the following:

any collection and use of any product information, listings, descriptions, prices or any other materials made available on the Website;
any derivative use of this Website or its contents;
any downloading or copying of account information; and
any scraping, data mining, use of robots or spiders, or similar data gathering and extraction tools.

No part of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not use any Interex logo or other proprietary graphic or trademark as part of the link without our express written consent.

User Conduct:

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.

If you submit, post or upload content through the Website, you will ensure the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. Harassment, obscene or abusive language in any manner or form on the Website is strictly forbidden. Impersonation of others, including an Interex employee, host, or representative, or other members or visitors on the Website is prohibited. You must not upload to, distribute, or otherwise publish through the Website any content which is libellous, defamatory, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.

Proprietary Rights:

The Website and all of its contents, materials, information, features, services, software and functionality (including, but not limited to, all information, software, text, displays, images, photographs, video and audio, and other materials, and the design, selection and arrangement thereof), are owned by Interex, its licensors or other providers of such material and are protected by Canadian, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Interex’s company name, the terms “Interex” and “Interex Forest Products”, the Interex logo and all related names, logos, product and service names, designs and slogans are trademarks of Interex or its affiliates or licensors. You must not use such marks without the prior written permission of Interex. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners. All of the aforesaid rights are retained by Interex and its affiliates or licensors.

Personal Information Submitted Through the Website:

Your submission of any personal information (as defined under the Personal Information Protection Act, British Columbia)) to us is governed by our Privacy Policy, which is set forth here. These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy.

Links and Third Party Content:

The Website may contain links to third party websites, entities, content and products that are provided for your information and convenience only and do not constitute any endorsement or a recommendation by Interex. If you access these links, you will leave the Website. If you decide to visit any linked site, you do so at your own risk. Interex makes no representations whatsoever about any other websites which you may access from the Website.

Disclaimer:

THIS WEBSITE AND MATERIALS, INFORMATION, SERVICES, AND CONTENT IN OR ON THIS WEBSITE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW: (A) INTEREX DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES, REPRESENTATIONS OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, FREEDOM FROM VIRUSES OR OTHER MALICIOUS CODE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (B) ALL IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS ON THE PART OF INTEREX ARE EXPRESSLY DISCLAIMED; (C) INTEREX DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE AND THE FUNCTIONS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR OTHER MALICIOUS CODE; AND (D) INTEREX DOES NOT MAKE ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS REGARDING THE USE OF THE MATERIALS OR INFORMATION IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, COMPLETENESS, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

INTEREX MAKES NO REPRESENTATION THAT MATERIALS IN THE WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN CANADA, AND ACCESS TO THEM FROM JURISDICTIONS WHERE THEIR CONTENT IS ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS WEBSITE FROM JURISDICTIONS OUTSIDE CANADA DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS. INTEREX MAY LIMIT THE WEBSITE’S AVAILABILITY, IN WHOLE OR IN PART, TO ANY PERSON, GEOGRAPHIC AREA OR JURISDICTION IT CHOOSES, AT ANY TIME AND IN ITS SOLE DISCRETION.

Limitation of Liability:

TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL INTEREX AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL OR ANTICIPATED SAVINGS OR FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF INTEREX (OR ITS AFFILIATE) HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE OR INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE.

YOU AGREE THAT ANY ACTION COMMENCED AGAINST INTEREX FOR ANY AND ALL CLAIMS RELATED TO THESE TERMS OF USE WILL BE BROUGHT WITHIN 12 MONTHS AFTER SUCH CAUSE OF ACTION FIRST AROSE.

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT, WITH RESPECT TO ANY DISPUTE RELATED TO THESE TERMS OF USE, YOU HEREBY GIVE UP YOUR RIGHTS TO: (I) HAVE A TRIAL BY JURY; AND (II) PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

Indemnification:

You agree to indemnify, defend, and hold harmless Interex and its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Terms of Use, any breach of your representations or warranties, or any activity related to your conduct on the Website (including negligent or wrongful conduct), or any content or materials provided by you.

Applicable Laws:

These Terms of Use and your use of this Website shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regards to conflicts of laws provisions. You irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of these Terms of Use or the Website, provided always that Interex may seek and obtain injunctive relief in any jurisdiction.

General:

The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of Interex’s right to require strict observance of each of the terms herein. The terms and conditions of these Terms of Use shall be deemed severable. In the event that any provision of these Terms of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law and such determination shall not affect the validity or enforceability of any other remaining provisions. Interex may assign its rights and obligations under these Terms of Use. These Terms of Use will enure to the benefit of Interex’s successors, assigns and licensees.