Contact us Print page

Terms of Use

AGREEMENT BETWEEN USER AND INSTANTEL

The Instantel (a division of Xmark Corporation, and a member of The Stanley Works (hereinafter referred to as Instantel)) web site is comprised of various Web pages operated by Instantel.

The Instantel web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Instantel web site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Instantel reserves the right to change the terms, conditions, and notices under which the Instantel web site is offered, including but not limited to the charges associated with the use of the Instantel web site.

LINKS TO THIRD PARTY SITES

The Instantel web site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Instantel and Instantel is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Instantel is not responsible for webcasting or any other form of transmission received from any Linked Site. Instantel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Instantel of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Instantel web site, you warrant to Instantel that you will not use the Instantel web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Instantel web site in any manner which could damage, disable, overburden, or impair the Instantel web site or interfere with any other party's use and enjoyment of the Instantel web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Instantel Web Sites.

MATERIALS PROVIDED TO INSTANTEL

Instantel does not claim ownership of the materials you provide to Instantel (including feedback and suggestions) or post, upload, input or submit to any Instantel web site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting Instantel, its affiliated companies and necessary sublicensees an irrevocable license to use your Submissions in connection with the operation of the web site or its associated services and for promotional and advertising purposes including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat any part or all of your Submissions; and to publish your name in connection with your Submissions.

No compensation will be paid with respect to the use of your Submission, as provided herein. Instantel is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Instantel's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to grant the licenses described above.

Instantel is not is not responsible for any of your Submissions. You agree that you shall not make Submission which: libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trade marks; violates any law; advocates illegal activity; or advertises or otherwise solicits funds or is a solicitation for goods or services; (collectively "Non-Approved Material"). You agree to indemnify Instantel and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable lawyer's fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the Instantel web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Instantel and/or its suppliers may make improvements and/or changes in the Instantel web site, or terminate the site, at any time. Advice received via the Instantel web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Instantel and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Instantel web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Instantel and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Instantel AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Instantel WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Instantel WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Instantel WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Instantel WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Instantel OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages; accordingly the above limitation may not apply to you. If you are dissatisfied with any portion of the Instantel web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Instantel web site.

SERVICE CONTACT : marketing@instantel.com

TERMINATION/ACCESS RESTRICTION

Instantel reserves the right, in its sole discretion, to terminate your access to the Instantel web site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of Ontario, Canada and you hereby consent to the exclusive jurisdiction and venue of courts in Ontario, Canada. in all disputes arising out of or relating to the use of the Instantel web site or these Terms of Use. Any action you bring in respect of or relating to the web site or these Terms of Use shall be brought only in the courts of the Province of Ontario. Use of the Instantel web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Instantel as a result of this agreement or use of the Instantel web site. Instantel's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Instantel's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Instantel web site or information provided to or gathered by Instantel with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Instantel with respect to the Instantel web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Instantel with respect to the Instantel web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights which are owned and controlled by Instantel or by other parties that have licensed their material to Instantel (the "Copyrights"). Material from this web site or from any other web site owned, operated, licensed or controlled by Provider (the "Provider's Web Sites") may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. All rights reserved.

TRADEMARKS

® 2015 Xmark Corporation. Instantel, the Instantel logo, Auto Call Home, AutoRecord, Blastmate, Blastware, InstaLink, Just for the Record, Minimate, Micromate, Vision, and THOR are trademarks of The Stanley Works or its affiliates.

Any rights not expressly granted herein are reserved.

309 Legget Drive, Ottawa, Ontario, Canada, K2K 3A3