TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS YOU SHOULD IMMEDIATELY DISCONTINUE ANY USE OF THIS WEBSITE. BY USING THIS WEBSITE YOU ACKNOWLEDGE AND AGREE THAT ATS INC. MAY:

A: CHANGE THE TERMS AND CONDITIONS OF USE AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTIFYING YOU WITH SUCH CHANGES AND AMENDMENTS BEING IMMEDIATELY EFFECTIVE UPON ATS POSTING THE NEW TERMS AND CONDITIONS OF USE AND YOUR SUBSEQUENT USE OF THIS WEBSITE;
B: TERMINATE, CHANGE, SUSPEND OR DISCONTINUE ANY ASPECT OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY OF ANY FEATURE OF THIS WEBSITE, AT ANY TIME AND FROM TIME TO TIME, WITHOUT NOTIFYING YOU; AND
C: IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OF THIS WEBSITE WITHOUT NOTIFYING YOU OR INCURRING LIABILITY.

Your acceptance of the following terms and conditions of use (“Terms of Use”) is a condition to your access and use of this ATS Spec Solutions Website (this “Website”). If you access or use this Website, you accept and agree to comply with the following Terms of Use. If you do not agree with the Terms of Use, you should immediately discontinue any use of this Website. These Terms of Use apply to your use of this Website and do not alter in any way the terms or conditions of any other agreement between you and ATS, its subsidiaries or affiliates. By using this Website you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms of Use. If you are using this Website on behalf of any other person or a corporation, or other entity, you further represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf and that such entity agrees to indemnify ATS for any violations of these Terms of Use.

You may not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You may only use this Website for lawful and moral purposes. You agree not to access or use this Website if that would breach, contravene or offend any law or regulation to which you are subject. You represent, warrant and covenant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Canada or the country in which you reside.

Neither the contents of this Website, nor the receipt or the distribution of materials, including the use of private electronic mail, binds ATS and you to any contractual relationship apart from adherence to the within “Terms of Use”. ATS is not liable for damages of any nature in connection with your use of, or inability to use, this Website. This includes, but is not limited to, viruses, disabling codes, lockouts, etc., that may affect your computer equipment or other property on account of your access to, use of, or browsing of this Website or your downloading of any materials from the Website. ATS IS NOT RESPONSIBLE FOR ANY LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES RESULTING FROM THE USE, MISUSE OR MISINTERPRETATION OF ANY CONTENT OR SERVICES PROVIDED BY THIS WEBSITE.

ATS does not make any representations about any other website that you may access through links contained in this Website. ATS is not responsible for damages of any nature whatsoever that may result from your use of this Website, even if ATS is expressly advised of the possibility of such damage.

ATS reserves the right to maintain, copy, use, record, store and disseminate any information given to it by you for internal purposes in compliance with applicable law. Moreover, ATS reserves the right to disclose such information as required by law.

Communications made through this Website’s e-mail system are for convenience only and shall in no way be deemed to constitute legal notice to ATS or any of its employees, directors, agents, officers, commissions, committees or representatives relative to any claim or cause of action against ATS or any of its employees, directors, agents, officers, commissions, committees or representatives where notice is required by any federal, provincial, or municipal laws, rules, or regulations.

This Website is continually under development and expansion and may be changed without notice from time to time. While an effort is made to keep information and notices that appear here timely and accurate, no representations are made that such information or notices are without errors or omissions that may be considered material. This Website does not purport to be comprehensive or definitive.

Copyright and Trademark

You should assume that everything in this Website is copyrighted whether or not indicated. Images contained on the Website are the property of ATS and may not be used without express written permission from ATS. Unauthorized use of this Website violates copyright and trademark laws, privacy and publicity laws, as well as communication regulations and statutes. Product and company names mentioned herein may be the trademarks of their respective owners. Except as expressly provided herein, ATS does not grant to, or confer on you, by implication or estoppel, any rights or license to any copyright, patent, trademark or any other intellectual property rights in any materials in this Website.

This Website, including all materials contained in it, is protected by Canadian and international copyright, trademark and intellectual property laws and treaty provisions irrespective of whether such notice of such protection is expressed herein or on the materials. Such provisions serve to identify the information source and in specific instances, to prohibit reproduction of any portion of the materials without written permission. Any and all content, text, information, communications, software, photos, video, graphics, music, sounds, images and other material and services (“Content”) are subject to the copyrights, trademarks and other intellectual property rights of ATS, its affiliated corporations and its licensors. You agree that all rights associated with the Content are valid and protected in all media existing now or later developed.

You agree to access the Content only in accordance with Canadian and international copyright, trademarks, and intellectual property laws, and these Terms and Conditions. You agree that ATS owns a copyright in the selection, coordination, arrangement and enhancement of the Content, including order of operations, “look and feel”, graphic design elements, and all other attributes and features. The Content may not be copied, tampered with, altered, sabotaged, harmed, modified, published, transmitted, disseminated, communicated, transferred, sold, distributed, publicly displayed or exploited, in whole or in part.

This Website is protected by all relevant Canadian and international copyrights in the design of this Website, including layout, typography and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise.

Limited License

ATS grants you a limited, non-exclusive, non-transferable, personal right to access and make personal use only of this Website and its incorporated material, subject to applicable law and the Terms of Use described herein (the “Limited License”). The Limited License does not convey any right or license under any patent, trademark copyright, or other proprietary right of ATS or any other person. The Limited License does not, and is not intended to, transfer any interest or title in this Website and the materials contained herein to you, and your use hereof shall be subject to the following restrictions: (1) you must retain, on all copies of this Website, all copyright and other proprietary notices; and (2) you may not modify, tamper with, detrimentally affect, disseminate, distribute, email, or communicate this Website in any way, nor shall you reproduce or publicly display, perform or distribute or otherwise use this Website or the materials contained herein for any public or commercial purpose, except as otherwise specifically and expressly permitted herein.

If you make unauthorized use of this Website, the Limited License will terminate immediately and automatically and you will be in violation of the Terms of Use and may be in violation of applicable laws. ATS will enforce its rights and remedies against all violators to the maximum extent permitted by law.

Disclaimer of Liability

This Website and all the materials and information it contains are provided for you on an “as is” basis and are entirely at your own risk. This Website could contain material or information that is not accurate, complete, reliable, current or error-free. You assume all risk for any reliance you place on this Website, including the Content. You agree and confirm that ATS shall not be responsible or liable for any detrimental reliance you place on this Website, including the Content. ATS and any third party providers may make improvements and/or changes in the products, services, programs, and prices described in this Website and to the content of this Website without notice.

ATS MAKES NO COVENANTS, WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF INFORMATION, CONTENT, SERVICES, OR GOODS ASSOCIATED WITH THIS WEBSITE. ATS DENIES AND DISCLAIMS ALL SUCH WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, EXPECTATION OF PRIVACY AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THIS WEBSITE, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION. ATS MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTIES AS TO THE QUALITY, CURRENCY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENTS OF THIS WEBSITE, OR ANY GOODS OR SERVICES THAT MAY BE ASSOCIATED WITH THIS WEBSITE, ANY REPRESENTATIONS, WARRANTIES OR COVENANTS WITH RESPECT TO ANY GOODS OR SERVICES ASSOCIATED WITH THIS WEBSITE SHALL BE SUBJECT TO, AND GOVERNED BY AND AS STATED IN THE APPLICABLE CONTRACT GOVERNING THE PROVISION OF SAME. IN ADDITION, ATS DOES NOT AND CANNOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL EFFECTS OR COMPONENTS.

Access to and use of this Website is at the user’s own risk and ATS will, under no circumstances, be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way related to the use of or inability to use this Website, all of which are, without limiting the foregoing, expressly waived by the user.

Limitation of Liability

YOU AGREE THAT YOUR USE OF THIS WEBSITE IS FOR YOUR BENEFIT AND THAT IT IS NOT INTENDED TO ILLICIT OR INVITE ANY PARTICULAR CONDUCT, ACTION OR BENEFIT TO ATS FROM YOU. ATS WILL NOT BE LIABLE, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, THIRD PARTY, INCIDENTAL OR PUNITIVE DAMAGES, HARM, LIABILITY, LOSS, COST, EXPENSE OR INJURY ARISING OUT OF THE USE, VIEWING, ACCESS, INABILITY TO ACCESS, COMPUTER VIRUS, COMMUNICATION FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THIS WEBSITE, OR THE CONTENT, OTHER INFORMATION OR MATERIALS IN THIS WEBSITE, OR ANY ERRORS, OMISSIONS, MISTAKES, FALSE INFORMATION, INTERRUPTION, DEFECTS, ON THIS WEBSITE, WHETHER FOR ALLEGED BREACH OF CONTRACT, CRIMINAL MATTERS, TORT, NEGLIGENCE, EQUITY OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF ATS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SAME.

You agree to indemnify, defend and hold harmless ATS and its officials, officers, employees, directors and authorized representatives from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind, including but not limited to lawyer’s fees, on a substantial indemnity basis, relating in any way to your use of the contents, products or services provided by and contained in this Website.

Linking

(a) Third-Party Website

ATS may provide on this Website, solely as a convenience to its users, links to websites operated by other persons. ATS does not make any covenant, promise, representation or warranty, and accepts no responsibility for, the quality, content, nature or reliability of any linked websites or the information appearing thereon or any of the products or services associated therewith. The linked websites are not under the control of ATS and you agree that ATS shall not be responsible for your use, or the content, of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. If you use such websites you do so entirely at your own risk and it is your sole and exclusive responsibility to take all harm, and protective measures to guard against viruses and other destructive elements. When linking to another website, these Terms of Use no longer govern and, therefore, you should review the applicable terms and policies, including privacy and data gathering procedures of the linked website.

(b) To this Website

All links to this Website shall not, in any manner or to any extent, portray ATS or any of its products and services in a false, untrue, distorted, unfair, harmful, misleading, derogatory or other defamatory manner. You shall not have any right to use any ATS logos or other proprietary graphics or trademarks of ATS to link to this Website without the prior express written permission of ATS, which may be revoked at any time.

Jurisdiction of Website

(a) Availability and Suitability

You agree and acknowledge that your use of this Website shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. This Website may offer or refer to services and products which are not available or permitted worldwide, without specifically limiting the services or products as such, but such does not constitute or imply that ATS is offering same outside of Canada. If you access this Website from outside Canada you are responsible for compliance with all local laws and regulations. Access to this Website where doing so is illegal is strictly prohibited.

(b) Law and Venue

You agree that this Website and the Terms of Use are governed and construed in accordance with the provincial laws of Ontario and the federal laws of Canada applicable therein. You hereby agree to attorn and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario over any suit, action or proceeding arising out of this Website or the Terms of Use.

Submissions

By submitting information and material to ATS, whether via e-mail or otherwise, including, but not limited to, feedback, questions, comments, suggestions, ideas, graphics or computer files of any type, you thereby expressly grant, or warrant that the owner of such material has expressly granted ATS a royalty-free, perpetual, irrevocable, unrestricted, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material, in whole or in part, worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed, subject to the privacy policy described below.

Language

English shall be the language of this Website, and all transactions occurring in connection with this Website, and the parties waive any right to use and rely upon any other language, or translations. Il est de la volanté express des parties que le présent Site et tous les affairs qui s’y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l’usage exclusif du français.

Severability

If any provision of the Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

General

You agree that any waiver of any provision of the Terms of Use shall only be effective if in writing and signed by ATS. ATS’ failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

Privacy Policy

ATS is committed to protecting your privacy. You agree and confirm that you have carefully read this Website’s privacy policy, and that you agree and accept those provisions as a part of these Terms of Use, including ATS’ right to collect, use and disclose your personal information.

Contacting the Website Administrator

If you have any questions about this website we invite you to contact: support@atsspec.com