Legal Notices and Disclaimers
These terms and conditions (the "Terms") govern your use of Endura Manufacturing Co. Ltd. ("Endura.ca") website (the "Website"), or any electronic or written publications of Endura Manufacturing Co. Ltd. (Endura.ca), in any form, derived directly or indirectly from the Website. If you do not agree with these Terms, do not use this web site.
Products and corporate names appearing on this website may or may not be registered trademarks or copyrights of their respective companies and are used only for identification or explanation and to the owners benefit without intent to infringe.
The Endura Oval is a registered trademark of Endura Manufacturing Co. Ltd. “The ENDURA Advantage” the "Endura Paint" logo, "Color Concepts" are trademarks of Endura Manufacturing Co. Ltd. and may not be used without our permission.
1. General Restrictions
All information, documents, products, downloads, and services provided on this Website were provided by or to Endura Manufacturing Co. Ltd. (Endura.ca) by their respective manufacturers, authors, developers and vendors (the "Third Party Providers") and are the copyrighted works of Endura Manufacturing Co. Ltd. (Endura.ca) and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Endura Manufacturing Co. Ltd. (Endura.ca) or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may be reproduced or re-transmitted in any way, or by any means, without the prior express written permission of Endura Manufacturing Co. Ltd. (Endura.ca) or the Third Party Provider. You also may not, without Endura Manufacturing Co. Ltd. (Endura.ca) prior express written permission, "mirror" any Material contained on this Website on any other server, website or INTERNET portal. Nothing on this Website shall be construed as conferring any license under any of Endura Manufacturing Co. Ltd. (Endura.ca)'s or any Third Party Provider's intellectual property rights. You acknowledge sole responsibility for obtaining any such licenses.
2. Notices Regarding Software, Downloads, Documents and Services Available on This Website and Links Thereto
IN NO EVENT SHALL ENDURA MANUFACTURING CO. LTD. AND/OR ITS RESPECTIVE PARTNERS OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF TECHNICAL SUPPORT AND SERVICES, SOFTWARE DOWNLOADS OR HARDWARE RECOMMENDATIONS, DOCUMENTS, PROVISION FOR OR FAILURE TO PROVIDE SERVICES, OR ANY INFORMATION AVAILABLE FROM THIS WEBSITE AND LINKS THEREFROM.
3. Third Party Content Disclaimer
Materials provided by Third Party Providers have not been independently authenticated in whole or in part by Endura Manufacturing Co. Ltd. (Endura.ca). Endura Manufacturing Co. Ltd. (Endura.ca) does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Endura Manufacturing Co. Ltd. (Endura.ca).
4. Links to Third Party Sites
THE LINKS IN THIS WEBSITE MAY LET YOU LEAVE ENDURA MANUFACTURING CO. LTD. 'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ENDURA MANUFACTURING CO. LTD. AND IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ENDURA MANUFACTURING CO. LTD IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ENDURA MANUFACTURING CO. LTD. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ENDURA MANUFACTURING CO. LTD. OF THE SITE.
5. Software Use Restrictions
Any software that is made available to download from the Website (the "Software") is the copyrighted work of Endura Manufacturing Co. Ltd. (Endura.ca) and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software (the "License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of the License Agreement. Except as set forth in an applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.
Installation assistance, product support and maintenance, if any, of the Software is available from Endura Manufacturing Co. Ltd. (Endura.ca)and/or the Third Party Providers, as the case may be.
SOFTWARE FROM DOWNLOADS OBTAINED THROUGH THE WEBSITE OR FROM THIRD PARTY PROVIDERS, IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6. Warranties and Disclaimers
THIS WEBSITE, AND ALL MATERIALS THEREIN, INCLUDING ANY AND ALL MATERIAL LINKED TO IN THE WEBSITE, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ENDURA MANUFACTURING CO. LTD. ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS WEBSITE OR OTHER INFORMATION OR DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS PUBLICATION. REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL ENDURA MANUFACTURING CO. LTD. BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION OR ANY INFORMATION OR SERVICES PROVIDED BY ENDURA MANUFACTURING CO. LTD. THIS WEBSITE OR ANY ELECTRONIC PUBLICATION DERIVED THEREFROM COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF THE WEBSITE. ENDURA MANUFACTURING CO. LTD. MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S), AND/OR SERVICES DESCRIBED IN THIS WEBSITE AT ANY TIME.
7. Limitation of Liability
ENDURA MANUFACTURING CO. LTD. SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL ENDURA MANUFACTURING CO. LTD BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF ENDURA MANUFACTURING CO. LTD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION OF PERSONS AND/OR EQUIPMENT USED IN CONNECTION WITH ANY SERVICES OR INFORMATION PROVIDED BY THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST ENDURA MANUFACTURING CO. LTD FOR RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS OR INFORMATION PROVIDED. YOU AGREE TO HOLD ENDURA MANUFACTURING CO. LTD HARMLESS FROM, AND YOU COVENANT NOT TO SUE ENDURA MANUFACTURING CO. LTD FOR ANY CLAIMS BASED ON USING THE WEBSITE.