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Pigmalion Environmental Website Terms Of Use

These Pigmalion Environmental Services Group Website Terms of Use ("Terms of Use") explain the contractual agreement between you, the person using this website ("Pigmalion Environmental Website") and Pigmalion Environmental Services Group, ("Pigmalion Environmental", "we", "us", "our") regarding your use of the Pigmalion Website. If you do not accept these Terms of Use, you are not authorized to use the Pigmalion Website. Your continued use is your automatic agreement to the applicable provisions in these Terms of Use.

We recommend that you review these Terms of Use. You may also print a copy for your records.

Background

We provide certain information about our products and services and certain other third party information on the Pigmalion Environmental Website. We may add, delete or modify some or all of our services and information at any time.

Users Of The Pigmalion Environmental Website

There are two different types of users of our Website. "Public Users" have the ability to view information located on the site. A Public User cannot access "Registered User" areas of the Pigmalion Environmental Website. A "Registered User" has access to additional features of the Website. If you do not accept these Terms of Use, you are not authorized to use the Pigmalion Environmental Website. Your use of this website constitutes your automatic agreement to the applicable provisions in these Terms of Use. We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government agencies.

Information Posted On Our Site

Information on the Pigmalion Environmental Website is provided "AS IS" and may contain technical inaccuracies or typographical errors. Pigmalion Environmental does not guarantee and is not responsible for the accuracy of any links to information provided on the Pigmalion Environmental Website, including but not limited to articles and regulations, and we do not guarantee that any such information is current. Information may be changed or updated without notice. Pigmalion Environmental may also make improvements and/or changes in the products and services described on the Pigmalion Environmental Website at any time without notice. Any information contained on the Pigmalion Environmental Website does not represent a commitment on the part of Pigmalion Environmental in the future.

Updates To Terms Of Use

We may amend these Terms of Use at any time by posting the amended Terms of Use on the Pigmalion Environmental Website. Your continued use of the Pigmalion Environmental Website after the posting of the amended Terms of Use constitutes automatic acceptance of the amended Terms of Use. You may only amend these Terms of Use with a writing signed by both of us.

System Integrity

You may not use any device, software or routine, malicious code or repeated "hacks" or "attacks" on web server(s), intended to damage or interfere with the proper working of the Pigmalion Environmental Website or to surreptitiously intercept or expropriate any system, data or personal information from the Pigmalion Environmental Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.

Links

The Pigmalion Environmental Website may contain links to third-party websites not under the control or operation of Pigmalion Environmental. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site.

Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to the Pigmalion Environmental Website on another website, if you comply with all of the following: (a) the link must be a text-only link clearly marked "Pigmalion Environmental Services Group" or "www.spill.ca"; (b) the link must "point" to the URL "http://www.spill.ca" and not to other pages within the Pigmalion Environmental Services Group Website; (c) the link, when activated by a user, must display the Pigmalion Environmental Website full-screen and not within a "frame" on the linking website; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking website. We reserve the right to revoke our consent to any link at any time at our sole discretion.

Privacy

We recommend that you review our Privacy Policy which is posted on the Pigmalion Environmental Website, and which is a part of these Terms of Use. We may also amend the Privacy Policy from time to time. If at any time you are not in compliance with the Privacy Policy, we have the right to terminate your rights of use and access to the Pigmalion Environmental Website. Unfortunately, we cannot insure that all personal information will never be disclosed in ways not described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

Our Relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use between you and the Pigmalion Environmental Services Group. These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party.

Ownership

The Pigmalion Environmental Website and all intellectual property rights included in or related to the Pigmalion Environmental Website (including but not limited to copyrights, trademarks and service marks), are owned or licensed by us, and all right, title and interest in the Pigmalion Environmental Website and the related intellectual property rights remain our property (or the property of the respective licensors). You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Pigmalion Environmental Website. No part of the work reflected on Pigmalion Environmental's web pages and covered by copyright law may be reproduced or copied in any form or by any means - graphical, mechanical or electronic, including photocopying, taping, or information storage and retrieval systems - without the written permission of Pigmalion Environmental. All rights reserved. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Pigmalion Environmental Website, including its content.

Laws and Regulations

You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Pigmalion Environmental Website; and (ii) release of information to and retrieval of information from the Pigmalion Environmental Website and any Pigmalion Environmental database. To the extent that any applicable taxes apply to your use of the Pigmalion Environmental Website, you are responsible for the payment of such taxes.

Termination Of Use

If at any time you are not in compliance with these Terms of Use, or if we are unable to verify or authenticate any information you release to us, we have the right to terminate your rights of use and your access to the Pigmalion Environmental Website. We also have the right to terminate your use at our discretion, for any reason or no reason.

Governing Law And Jurisdiction

The Pigmalion Environmental Website (excluding linked sites) is operated by us from our offices in Mississauga, Canada. It can be accessed from all provinces in Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of Mississauga, Canada, by accessing the Pigmalion Environmental Website, you agree that these Terms of Use and your use of the Pigmalion Environmental Website shall be governed in all respects by the internal substantive laws of the Province of Ontario, Canada, without regard to conflict of laws provisions. Pigmalion Environmental makes no representation that materials on the Pigmalion Environmental Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Notice

Except as explicitly stated otherwise or required by law, you shall provide any notices to Pigmalion Environmental by email to us at sales@spill.ca.

Upon your request, you may have these Terms of Use sent to you by email. Please feel free to contact Pigmalion Environmental Services Group to resolve a complaint regarding any aspect of service relating to this site by contacting us at 1-800-387-7581 or sales@spill.ca.

Remote Assistance to Customers

If you are experiencing technical difficulties in accessing our online catalog, our customer service representative may determine that your problem might be solved if we can access your computer remotely. If that is the case, we will ask you for certain identifying information about your computer and ask you to authorize our access ("Remote Access") by accepting an invitation or similar notice that will instantly be sent to your computer. This Remote Access will enable us to see exactly what is on your screen, and it will allow us to have temporary control of your computer so that we may attempt to assist you with your reported problem. We will not access your computer without your knowledge, and we will not remain logged on after your problem has been resolved or we have determined that we are unable to resolve your problem remotely. You will be able to see all actions that we are taking while we are logged on, and you can terminate the remote session at any time.

BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, CLICKING A "SUBMIT" OR "ACCEPT" BUTTON OR SIMILAR MEANS OF GRANTING PERMISSION AND ACCEPTANCE OF THE TERMS THAT FOLLOW, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO SIGN FOR AND BIND YOURSELF AND YOUR COMPANY AND AGREE ON BEHALF OF YOURSELF AND YOUR COMPANY TO BE BOUND BY ALL OF THESE TERMS, INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SET FORTH BELOW, TO THE EXCLUSION OF ANY OTHER RIGHTS AND OBLIGATIONS. Once you have granted such access, we will utilize a third-party software program to log on to your computer.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY. BECAUSE REMOTE ACCESS IS IMPLEMENTED THROUGH THIRD-PARTY SOFTWARE NOT DESIGNED OR OWNED BY US, WE ARE NOT RESPONSIBLE FOR DEFECTS IN THE REMOTE ACCESS SOFTWARE OR ANY DAMAGE TO OR LOSS OF DATA OR ANY PART OF YOUR COMPUTER SYSTEM(S). IN NO EVENT WILL WE HAVE ANY LIABILITY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF INCOME, BUSINESS INTERRUPTION, COSTS OF RECOVERY OR ANY OTHER DAMAGES) DUE TO REMOTE ACCESS TO YOUR SYSTEM. NO STATEMENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US ONLINE OR THROUGH THE REMOTE ACCESS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES SET FORTH ABOVE ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES AND SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.

You are responsible for ensuring that your systems are free of all viruses, malware, or other defects and potentially harmful files. You agree, at your sole expense, to indemnify, defend, and hold us harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to any of our systems resulting from our Remote Access to your systems, and you agree that you will not intercept or otherwise access any of our systems or data, whether while we are logged on through Remote Access or otherwise.

No Warranty

WE PROVIDE THE PIGMALION ENVIRONMENTAL WEBSITE AND OUR SERVICES AS IS, WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF THE PIGMALION ENVIRONMENTAL WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU USE THE PIGMALION ENVIRONMENTAL WEBSITE AT YOUR OWN RISK.

Limitation Of Liability

Our contracts with certain of our suppliers provide for scheduled maintenance and preventative, required and emergency maintenance work. We will have no liability for the availability of the Pigmalion Environmental Website caused by our supplier's performance or lack of performance of the maintenance work to keep the Pigmalion Environmental Website operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to the Pigmalion Environmental Website.

IN NO EVENT SHALL PIGMALION ENVIRONMENTAL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL PIGMALION ENVIRONMENTAL'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF THE FEES PAID TO US BY YOU DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $500.

The limitations of liability provided in these Terms of Use inure to the benefit of Pigmalion Environmental, our affiliates and to all of our respective officers, directors, employees, attorneys and agents. Some jurisdictions do not permit the disclaimers and limitations contained in these Terms of Use, in which case they are not applicable to you.

Other General Provisions

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

BY USING THE PIGMALION ENVIRONMENTAL WEBSITE AND/OR ACKNOWLEDGING ACCEPTANCE OF THESE TERMS OF USE ON THE USER REGISTRATION SCREEN(S) YOU ACCEPT AND AGREE TO THESE TERMS OF USE.

Pigmalion Environmental INC.
ONTARIO • MANITOBA • ALBERTA
1-800-387-7581