Website Terms and Conditions of Use

Acceptance of the Website Terms and Conditions of Use

This website (the “Website”) is owned and operated by Triacta Power Solutions Limited Partnership (“Triacta”, the “Company” or “we”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms and Conditions"), govern your access to and use, including any content, functionality, and services offered on or through the Website.

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, AND OUR COOKIE POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THE PRIVACY POLICY OR THE COOKIE POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Modifications to the Terms and Conditions and to the Website

We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these Terms and Conditions.

The information and material on this Website and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Intellectual Property Rights, Ownership and Grant of Limited License

You understand and agree that the Website and its entire contents, features and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement (collectively, the “Content”), are owned by Triacta, its licensors, or other providers of such material. The Content is protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name, logo, product and service names, designs, images, and slogans are trademarks of the Company or its parent, affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You are hereby granted revocable permission to use the Content of the Website for personal, non-commercial, lawful viewing only. This is a limited license grant, not a title transfer, and under this license you may not modify the Content, delete or alter any copyright, trademark or other proprietary rights notices from copies of the Content, nor mirror the Content onto any other server. The display of any trademarks on the Website does not imply that Triacta or any other owner grants you a license to use any such trademarks without the written permission of the owner. You have no right, title, or interest in or to the Website or to the Content, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Privacy and Cookies

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Website and provision of services.

By using this Website, you are consenting to the use of cookies and other automatic data collection technologies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to delete or disable cookies at any time. If you do, however, you will still be able to visit our Website but some of the functions may not work adequately. For more information on Triacta’s use of cookies, see our Cookie Policy.

Third-Party Websites and Cookies

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website and Triacta is not, in any manner, disseminating or endorsing such third-party sites or their services or resources. If you choose to access any such third-party sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

This Website also uses third-party cookies such as Google Analytics. These third-party cookies may use your information to provide advertisements that are relevant to your preferences. Each of these cookies are managed and stored by the relevant third party as Triacta does not manage or store any information tracked or collected by these cookies.

Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

The Website, including the Content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access. Triacta will not be liable for any loss or damage that you may suffer as a result of someone else using your password or account.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

To learn more about Triacta’s security practices, please see our Privacy Policy.

Disclaimer

You understand and agree that your use of the Website and the Content is at your own risk. The Website and the Content is provided on an “as is” and “as available” basis, and while reasonable efforts are made to ensure the quality, accuracy and timeliness of the Content and the operation of this Website, Triacta makes no representations or warranties of any kind regarding this Website and/or the Content, including without limitation, any representations or warranties that: (i) the Website or the Content will be accurate, complete, current, reliable, timely, merchantable or suitable for any particular purpose, (ii) the operation of the Website will be uninterrupted or error-free, (iii) defects or errors in the Website or Content will be corrected, (iv) the Website or the server that makes it available will be free of viruses or other harmful components, (v) communications to or from the Website will be secure and/or not intercepted and (vi) the Website or the Content will not infringe any third party intellectual property. You acknowledge and agree that you are using the Website solely at your own risk and liability.

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL TRIACTA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON UNDER ANY CIRCUMSTANCES WHATSOEVER EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Triacta, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of any aspect of this Website and/or its Content, including, but not limited to, third-party sites and any use of the Content, services and products other than as expressly authorized in these Terms and Conditions.

Governing Law and Choice of Forum

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Reporting and Contact

This website is operated by Triacta.

Any questions, comments or notices regarding these Terms and Conditions should be directed to legal@triacta.com.

Last Updated: April 1, 2021.

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