Terms of Use

Overview

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. Such changes will become effective upon notification, which we may effect by sending you notice by email or posting a revised Agreement, as indicated by the date these terms were last revised, which you can access at any time using the "Terms of Use" link. Your continued use of the Website after any such changes constitutes acceptance by you of the new Terms of Use. It is your responsibility to regularly check this Agreement to determine if there have been changes to these Terms of Use and to review such changes.

Definitions

Definitions used in this Agreement:

  • "Company" refers to Lex Engineering Ltd.;
  • "You" or "Your" refers to the User of this Website and its related services;
  • "Partners" refers to third-party companies, persons, or affiliates associated with the Company;
  • "Content" refers to, but is not limited to profiles, lists, items, or photos;
  • "Website" refers to lexeng.com or http://www.lexeng.com/; and
  • "Personal Information" refers to any information about an identifiable individual.

Eligibility

By accessing this Website you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms of Use. You also represent and warrant that you will use the Website in a manner consistent with any and all applicable laws and regulations.

Privacy

The Personal Information Protection Act ("the Act") regulates the way private sector organizations within British Columbia, Canada collect, use, keep, secure, and disclose Personal Information. Lex Engineering Ltd. recognizes the importance of privacy and the sensitivity of Personal Information received by us in the course of offering our services. Our Privacy Policy has been developed with those obligations in mind. You may find our Privacy Policy by clicking here or by clicking the Privacy Policy link at the bottom of every page.

External Links

Content may contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of the availability of External Links or their contents. We suggest that you review the Terms of Use and Privacy Policies of such External Links prior to using them.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Website or submitted through the Website ("Submissions"), provided by you to us are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit Users from uploading, posting, or otherwise transmitting any materials that violate another party's intellectual property rights. If you believe that any material or content distributed through the Website constitutes copyright infringement, please provide us with the following information:

  1. a description of the copyrighted work that you claim has been infringed;
  2. a description of where the material that you claim is infringing is located on this Website;
  3. your name, email address, telephone number, and postal address;
  4. written confirmation that you are the copyright owner or authorized to act on the owner's behalf; and
  5. a statement by you, made under penalty of perjury, that the information above in your notice is accurate.

Termination

We may, in our sole discretion, terminate or suspend your access to all or part of the Website at any time, for any reason, or no reason, with or without notice. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Website or the Internet by other Users, may be grounds for termination of your access to all or part of the Website at our sole discretion, and you may be referred to the appropriate authorities.

Limitation on Liability

YOU HEREBY AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL LEX ENGINEERING LTD., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD-PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY LEXENG.COM AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUTATIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE LEXENG.COM WEBSITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE LEXENG.COM WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER LEXENG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 CDN DOLLARS.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, Partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Website content, your conduct in connection with the Website or with other Users of the Website, or any violation of this Agreement or of any law or the rights of any third party.

Other

These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Website, superseding any prior agreements between you and the Company relating to your use of the Website. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Additionally, except where prohibited by law, as a condition of using lexeng.com, you agree that any and all disputes and causes of action arising out of or connected to our Website shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of lexeng.com must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

This Agreement shall be governed by the laws of the Province of British Columbia, Canada. As a condition of using lexeng.com, each user agrees that any and all disputes and causes of action arising out of or connected with the Website, shall be resolved through arbitration, with such arbitration to be held in Vancouver, British Columbia, Canada.

Questions

Please contact us if you have any questions or concerns regarding our Terms of Use.

Updated: July 16, 2010