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Last Updated June 22, 2009
Please read the Terms and Conditions carefully before using this Site
1. Terms and Conditions of Use of Site
This website (the “Site”) is provided by Maya Electric (“Maya Electric”),
conditional on your acceptance of the terms and conditions of use set forth
below (the “Terms and Conditions”). By visiting or using this Site
(collectively, “Use” of the Site), including without limitation to access, use,
and/or download messages, information, data, text, software or images, or other
Content from this Site, or to send messages, information, data, text, software
or images, or other Content to the Site, (collectively, the “Content”), or to
use any Site-related services (the “Services”), you agree on your own behalf,
and on behalf of any entity on whose behalf you may act, to accept and abide by
the Terms and Conditions for each Use of and each visit to this Site. If you do
not agree to abide by these Terms and Conditions, you should not Use this Site.
Similarly, if you are dissatisfied with the Site, your sole and exclusive remedy
is to discontinue using the Site. These Terms and Conditions shall survive any
such termination.
Maya Electric has the right, in its sole discretion, to add to, remove, modify
or otherwise change any part of the Terms and Conditions, in whole or in part,
at any time. Changes will be effective when notice of such change is posted at
our sites. Please check the Terms and Conditions frequently for updates by
checking the date of "Last Update" at the bottom of this document. If any term,
condition or any change thereto is not acceptable to you, you must discontinue
your use of this Site immediately. Your continued use of this Site after any
such changes are posted will constitute acceptance of those changes. These Terms
and Conditions apply exclusively to your use of this Site and do not alter the
terms or conditions of any other agreement you may have with Maya Electric.
2. Participation and Jurisdiction
Maya Electric makes no representation or warranty that Content at this Site is
appropriate or available for use at any locations outside Canada. Accessing the
Content from locations 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.
3. Changes to Site
Maya Electric may, at any time without notice or liability, and for any reason
whatsoever, terminate, change, suspend or discontinue any aspect of this Site,
including (i) changing the availability of, restricting access to, or imposing
limits on any or all features or services on, or links to, the Site (ii) adding,
removing or changing any fees or charges for Use of the Site (including for any
Services) or any features thereof; (iii) removing, adding, modifying or
otherwise changing any Content on this Site. Maya Electric reserves the right,
in its sole discretion, to correct any errors or omissions in any portion of
this Site at any time without notice, but confirms that it has no duty to do so.
4. Permitted Uses
You agree to only Use the Site for lawful purposes, and to only send Content and
receive Content that is proper and related to the particular Service, and Maya
Electric (subject to the Terms and Conditions herein) grants you a
non-exclusive, non-transferable, non-sublicenseable, revocable, limited right,
to so Use the Site solely for your own personal or internal company use. You may
download or make a single copy of all or any part of the Content for your own
personal use, provided you display our copyright and/or trade-mark notices on
your copy (that is, the line at the bottom of this page, and the symbols next to
our designs).
5. Prohibited Uses
You may not, nor may you allow others to, directly or indirectly:
(a) remove, from any copy of the Content, the copyright or other proprietary
notices contained in the Content; sell, modify or attempt to modify the Content
in any way or reproduce or publicly display, perform, or distribute or otherwise
use any Content for any public, commercial, or non-educational or non-personal
purpose, including without limitation use of the Content on any other web site;
or transfer any of the Content to any other person without the prior written
consent of Maya Electric;
(b) print or copy any of the HTML or other computer software that is accessible
at this Site;
(c) Use this Site in any manner that could damage, disable, overburden, impair,
interfere with the security of, negatively affect the functioning of, or
otherwise abuse, this Site or any services, system resources, accounts, servers,
networks, affiliated or linked sites, connected to or accessible through this
Site (including without limitation uploading, posting or otherwise transmitting
on this Site computer viruses, Trojan horses, worms or other files or computer
programs which are potentially harmful, disruptive or destructive or that may
impose an unreasonable or disproportionately large load on this Site’s
infrastructure; or using any robot, spider or other automatic program or device,
or manual process to monitor, copy, summarize, or otherwise extract information
from this Site or the Content in whole or in part);
(d) use or attempt to use another’s credit card information, personal
information, registration information, or other information in connection with
this Site without prior written authorization from Maya Electric; create or use
a false identity on this Site, or impersonate any person or entity or otherwise
misrepresent your affiliation with any person or entity; or attempt to obtain
unauthorized access to this Site; or send to this Site or Maya Electric any
incomplete, false or inaccurate information; or
(e) disrupt or interfere with any other person’s use or enjoyment of this Site
or affiliated or linked sites, or any services thereof; or delete or revise any
Content posted on this Site.
In addition, you agree that you are solely responsible for actions and
communications undertaken or transmitted in the course of your usage of this
Site, and that you will comply with all laws that apply or may apply to your use
of or activities on this Site or in respect of the Content. Maya Electric will
investigate occurrences which may involve violations of such laws, and may
involve, and co-operate with, law enforcement authorities in prosecuting users
who are involved in such violations. Maya Electric reserves the right at all
times to disclose any information regarding your usage of the Site as necessary
to satisfy any law, regulation or governmental request.
6. Registration and Password
Certain restricted areas of the Site may require that you register in order to
access such areas. You are responsible for maintaining the confidentiality of
your registration information (including without limitation and as applicable,
any log-in or password), and for all uses of your registration information,
whether or not authorized by you. You agree to immediately notify Maya Electric
of any unauthorized use of your registration information or of any other breach
of security of which you are aware.
7. Proprietary Rights
(a) This Site, including without limitation all Content, is protected by
worldwide copyright laws and treaty provisions. Any unauthorized copying,
redistribution, reproduction or modification of the Content by any person may be
a violation of trade-mark and/or copyright laws and could subject such person to
legal action. You agree to comply with all copyright laws worldwide in your use
of this Site and to prevent any unauthorized copying of the Content. Any
software, as well any files, images generated by such software, code and data
accompanying such software (the “Software”), used or accessible through this
Site is the copyrighted work of Maya Electric or its licensors. Except as
permitted by law, you may not use the Software for any other purpose or attempt
to decipher, decompile, disassemble or reverse engineer any of the Software
comprising or in any way making up a part of the Site.
(b) For greater certainty, Maya Electric’ services, methods and processes may be
covered by one or more patents or other statutory intellectual property rights,
and are subject to trade secret and other proprietary rights. Maya Electric
reserves all such rights.
(c) Certain names, graphics, logos, icons, designs, words, titles and phrases on
this Site, including without limitation MAYA ELECTRIC, MAYA, MAYA300, MAYA-300,
MAYA 300, MAYA MOBILITY, and the Maya Electric logo graphic, constitute
trade-marks, trade names, trade dress and associated products and services of
Maya Electric or its affiliates (the “Marks”), and are protected in Canada and
internationally and their display on this Site does not convey or create any
licence or other rights in the Marks. Any use of any of same, in whole or in
part, without prior written authorization of Maya Electric is strictly
prohibited. In order to indicate which items are trade-marks, Maya Electric may,
without limitation, use an * symbol which refers to a footnote explaining the
ownership rights of Maya Electric in such trade-marks, as shown at the end of
these Terms and Conditions; may use a TM or a ® symbol; or may use a
differentiating font style.
(d) Other trade-marks, trade names, trade dress and associated products and
services mentioned on this Site may be the trademarks of their respective
owners. The display of these trade-marks, trade names, trade dress and
associated products and services on this Site does not convey or create any
licence or other rights in these trademarks or trade names. Any unauthorized use
of them is strictly prohibited.
(e) Maya Electric considers all of its intellectual properties to be very
important assets of Maya Electric and will protect them from unauthorized use by
others. Except as expressly provided herein, Maya Electric does not grant any
express or implied right or license to you to use any intellectual property,
including without limitation any patent, trademark, copyright, trade secret, or
confidential information, of Maya Electric or of any other contributor of
Content to the Site.
8. Links and Disclaimers of Linked Sites
Certain links on this Site may take you to other web sites. Maya Electric
provides these links only as a convenience. These linked sites are not
necessarily under the control of Maya Electric. If you use these sites, you will
leave this Site. If you decide to visit any linked site, you do so at your own
risk and it is your responsibility to take all protective measures to guard
against viruses and other destructive elements.
Maya Electric is not responsible for the contents of any such linked pages or
any other pages not under its control. Maya Electric makes no representation or
warranty regarding, and other than stated below does not endorse, any linked web
sites, the information appearing thereon or any of the products or services
described. Notwithstanding the foregoing, Maya Electric may have links to
distributors, resellers and catalogue houses in connection with Maya Electric
products and endorses such organizations in connection with same; such links
will be identified as links to “channel partners”.
Links do not imply that Maya Electric sponsors, endorses, is affiliated or
associated with, or is legally authorized to use any trademark, trade name, logo
or copyright symbol displayed in or accessible through the links, or that any
linked site is authorized to use any trademark, trade name, logo or copyright
symbol of Maya Electric.
Maya Electric welcomes links to this Site. However, you agree that if you want
to link to this Site, you may only do so provided you (a) provide Maya Electric
with prior written notice describing you and your business, the nature and
features of the Site and the location of the link to the Site, (b) obtain the
prior written consent of Maya Electric to such link, and (c) agree to the link
conditions (the “Link Conditions”) described below. By establishing a link to
this Site, you will be deemed to have agreed to these Link Conditions:
(a) A link may only be established to the following home page of this Site:
http://www.Mayaelectric.com. Links may not be established to any other pages on
this Site without Maya Electric’s prior specific written permission.
(b) If you link to this Site, Maya Electric grants you a limited, non-exclusive,
non-transferable, royalty-free license to use the Maya Electric trademark and
internet icons, if available, (the “Licensed Marks”) solely for the purpose of
serving as a link from the applicable web site to this Site. For greater
certainty, except for the limited license to use the Licensed Marks granted in
this paragraph, you may not use any of Maya Electric’s trademarks for any reason
without Maya Electric’s prior written permission.
(c) The linked website shall not:
· change in any material way the nature and features of such website from that
described to Maya Electric in the written notice provided to Maya Electric prior
to the establishment of the link;
· create frames around any part of this Site or use other techniques that alter
the visual presentation of this Site;
· and other materials shall not, imply that Maya Electric is endorsing you or
any other person, or your or such other person’s products or services;
· imply an affiliation between you or any other person, or your or such other
person’s products or services, and Maya Electric without the prior written
consent of Maya Electric;
· misrepresent the relationship of you or any other person with Maya Electric or
present false, misleading or otherwise damaging information or impressions about
Maya Electric or any of its products or services; and
· contain materials that may be interpreted as distasteful, harmful, offensive,
or inaccurate, and shall be appropriate for all age groups.
(d) For greater certainty, Maya Electric shall have no responsibility or
liability for any content appearing on the linked web site.
(e) Maya Electric may at any time, in its sole discretion, immediately terminate
any license to use the Licensed Marks and any right to link to this Site, with
or without cause. If Maya Electric exercises this right, you shall immediately
remove all your links to this Site and shall cease using the Licensed Marks.
Maya Electric may at any time, in its sole discretion, immediately disable any
link to this Site.
Maya Electric may amend these Link Conditions at any time. For greater
certainty, you agree to abide by these Link Conditions as amended from time to
time, and should check the Link Conditions periodically for such amendments.
9. Privacy Policy
Any of your personal information which Maya Electric collects via this Site is
subject to the Maya Electric Privacy Policy, which is incorporated by reference
into the Terms and Conditions.
10. User Communications
Subject to any applicable law and the requirements of the Maya Electric Privacy
Policy, any communications sent by or to you via this Site or otherwise to Maya
Electric are on a non-confidential basis, and Maya Electric is under no
obligation to refrain from reproducing, publishing or otherwise using them in
any way or for any purpose. Maya Electric shall be free to use and disclose the
content of any such communication, including without limitation any ideas,
inventions, concepts, techniques or know-how disclosed therein, for any purpose
including without limitation developing, manufacturing and/or marketing goods
and services. You agree to not assert any ownership right of any kind in such
communications (including without limitation copyright, trade-mark, patent,
unfair competition, moral rights, or implied contract) and you hereby waive the
right to receive any financial or other consideration in connection with such
communication, including without limitation acknowledgement of you as the source
of such communications.
11. Disclaimers
Maya Electric makes reasonable efforts to ensure that the content it provides to
the site is accurate and current. However, you acknowledge and agree that:
(a) Maya Electric makes no representation or warranty of any kind regarding the
Site, (including without limitation the Content and each Service), including
without limitation as to the truthfulness, accuracy, reliability, currency,
veracity or completeness of the Content or about the results to be obtained
using the Content or any Service;
(b) that you will be solely responsible for any Content you provide the Site or
otherwise provide to Maya Electric, including without limitation for its
truthfulness and accuracy; and
(c) that the Site (including without limitation the Content and each Service)
are provided on an “AS IS” basis; and that any use of or reliance on the Site
shall be at your sole risk.
MAYA ELECTRIC AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL,
REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY
OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS
FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS
OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE
OF TRADE. FOR GREATER CERTAINTY, MAYA ELECTRIC DOES NOT WARRANT THAT THIS SITE
WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.
12. Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL MAYA ELECTRIC OR ANY OF ITS AFFILIATES HAVE ANY
RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE FOR ANY LOSS OR DAMAGES
WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS,
INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR
HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS
OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION
WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR
ACCESS TO, THIS SITE, THE CONTENT, ANY CONTENT OF ANY LINKED WEB SITE, OR
FAILURE OF SUCH WEB SITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS
A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES OR CONTENT, OR THE
TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES)
EVEN IF MAYA ELECTRIC OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
13. Indemnity
You agree to defend, indemnify and hold harmless each of Maya Electric, its
affiliates, and each of their officers, directors, employees and agents,
including all third parties mentioned at the Site, from and against any and all
claims, actions or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from your use of the Site (including
without limitation the Content and each Service) or your breach of the Terms and
Conditions.
14. Choice of Law
This Site is controlled, operated and administered by Maya Electric from its
offices within the Province of Ontario, Canada. By accessing this Site, you
agree that all matters relating to the access to, or use of, this Site shall be
governed by the laws of the Province of Ontario and the federal laws of Canada
applicable therein, without reference to its conflict of laws principles, and
that you will comply with all such applicable laws. The United Nations
Convention on Contracts for the International Sale of Goods does not apply to
the Terms and Conditions.
15. Arbitration
Any and all claims, disputes or controversies (whether in contract or tort,
pursuant to statute or regulation, or otherwise and whether pre-existing,
present or future) arising out of or relating to this Site (including without
limitation the Content and each Service) or these Terms and Conditions, or oral
or written statements, advertisements or promotions relating to these Terms and
Conditions or to a Service; or the relationships which result from these Terms
and Conditions (including relationships with third parties who are not
signatories to this agreement) (each, a "Claim"), will be referred to and
finally settled by private and confidential binding arbitration before a single
arbitrator held in Toronto, Ontario in English and governed by Ontario law
pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or
re-enacted from time to time. The arbitrator shall be a person who is legally
trained (and, if reasonably practical, who has experience in the battery field
in Canada) and who is independent of either party. If you have a Claim you
should give notice to arbitrate to us at the address found under the Maya
Electric contact information at the end of these Terms and Conditions, c/o
Vice-President, Finance. If we have a Claim we will give you notice to arbitrate
at your address. You hereby waive any right you may have to commence or
participate in any class action against Maya Electric related to any Claim and,
where applicable, you hereby agree to opt out of any class proceeding against us
otherwise commenced.
Notwithstanding the foregoing, in respect of any matter relating to the
enforcement of intellectual property rights and protection of confidential
information, each party may pursue remedies, including injunctive or other
equitable relief, through the courts, in which circumstance the parties hereby
agree to submit to the jurisdiction of the courts of Ontario and to waive any
objections based upon venue in any such action, suit or proceeding.
16. General
The Terms and Conditions (including the additional terms of use described in 17.
Below) constitute the entire agreement between Maya Electric and you with
respect to the subject matter hereof, and supersede all communications,
representations or agreements, either oral or written, between Maya Electric or
its affiliates and you with respect to this subject matter. Any cause of action
you may have with respect to your use of this Site or which is the subject of
the Terms and Conditions must be commenced within one (1) year after the claim
or cause of action arises. If for any reason a court of competent jurisdiction
finds any provision of the Terms and Conditions or portion thereof to be
unenforceable, that provision shall be enforced to the maximum extent
permissible so as to effect the intent of the Terms and Conditions, and the
remainder of the Terms and Conditions shall continue in full force and effect.
No waiver of any provision herein shall be valid unless in writing and signed by
an authorized representative of both you and Maya Electric. Maya Electric
failure to insist upon or enforce strict performance of any provision of the
Terms and Conditions or any right shall not be construed as a waiver of any such
provision or right. No changes to the Terms and Conditions shall be made except
by a revised posting on this page. The Terms and Conditions shall enure to the
benefit of Maya Electric and its affiliates. Any and all references in the Terms
and Conditions to Maya Electric and its affiliates shall, where the context so
permits, include Maya Electric’s parent companies, sister companies, and their
respective subsidiaries, affiliates, directors, officers, employees, contractors
and agents. The headings contained herein are for convenience only and shall
have no legal or interpretative effect. Additional terms and conditions may
apply when you use other services, affiliate services, third party content or
third party software on or through a link provided on the Site. Maya Electric
may assign its rights and duties under this Agreement to any party at any time
without notice to you. You may not assign your rights and duties under this
Agreement to any party at any time. You agree that these Terms and Conditions
and all documents relating thereto should be drafted in the English language.
Les parties aux presentes ont demande que ce contrat et tous les documents ou
avis en resultant ou y etant assujettis soient rediges en langue anglaise.
17. Additional Terms of Use
Certain areas of this Site may be subject to additional terms of use, including
without limitation the Terms of Purchase (governing the online purchase of
products from Maya Electric) and, to the extent applicable, all other terms and
conditions made available to you (in any manner or form) in connection with any
products or services purchased online, all of which are incorporated by
reference into the Terms and Conditions. For greater certainty, you agree that
by using such areas, or any part thereof, you agree to be bound by the
additional terms of use applicable to such areas.
Maya Electric
107 Hermes Road, Suite #100
Malta, New York 12020
or
Maya Electric
2645 Royal Windsor Drive
Mississauga, Ontario
Canada L5J 1K9
or
by sending an e-mail to
info@mayaelectric.com
* Trade-mark/Registered trade-mark of Maya Electric Inc.®
Last updated: June 22, 2009
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