Mxi Technologies ("Mxi") has provided these Website Conditions of Use and Terms of Service for our website, which apply to all users of our site and to all products, services, resources, information, materials, and other content available on the site. These terms contain certain indemnities, limitations of liability, and restricted warranties, as well as arbitration requirements for disputes. By accessing the site, you are deemed by Mxi to have read, and to understand and agree to be bound by and comply with these terms. If you do not agree with these terms, your sole remedy is to discontinue your use of the site.
When you access our website, or any pages thereof, send e-mails to Mxi, or submit information to Mxi, you are communicating electronically. You consent to receive communications from Mxi electronically and agree that all agreements, notices, disclosures, and other communications that Mxi provides to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, documents, notes, case studies, brochures, graphics, logos, button icons, and images, is the property of Mxi or its content suppliers and protected by Canadian laws and international treaties. The compilation of all content on this site is the exclusive property of Mxi and protected by Canadian law and international treaties.
Mxi, the Mxi logo, Maintenix, the Maintenix logo, and other product names are the trademarks or registered trademarks of Mxi Technologies. Other company names and trademarks are the property of their respective owners. Other Mxi graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Mxi. All other trademarks not owned by Mxi that appear on this site are the property of their respective owners. No license to any of the foregoing is granted. All Rights Reserved.
License and Site Access
Mxi grants you a limited license to access and make personal use of this site but not to download its contents (other than page caching or .pdf files identified specifically by Mxi as being made available for download). This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, spiders, or similar data gathering and extraction tools with the exception of generally recognized Internet search engines using spiders or similar tools for the sole and express purpose of listing this website in relevant Internet search results. This site or any portion of this site may not be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mxi without express prior written consent. You may not use any meta tags or any other "hidden text" utilizing Mxi’s name or trademarks without the express written consent of Mxi. Any unauthorized use terminates the permission or license granted by Mxi. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mxi so long as the link does not portray Mxi, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or suggest an affiliation or endorsement by Mxi or its affiliates. You may not "deeplink" to any page within this site, other than the homepage. You may not use any Mxi logo or other proprietary graphic or trademark as part of the link without express written permission.
Mxi attempts to be as accurate as possible. However, Mxi does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
Third Party Sites and Products
Mxi may provide links to various third party web sites solely as a convenience for our users and these terms DO NOT apply to such sites. These sites are not under Mxi’s control or direction and Mxi has not reviewed them. Mxi does not endorse or sponsor, and is not responsible or liable for, the contents, products, or services available at any such linked site or the practices of these web sites (including without limitation, their privacy and data gathering policies and practices). You assume all risk of use thereof.
Disclaimer of Warranties and Limitaton of Liability
THIS SITE IS PROVIDED BY MXI ON AN "AS IS" AND "AS AVAILABLE" BASIS. MXI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MXI AND MXI’S SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE AS TO THE SITE OR THE CONTENTS OF THE SITE, OR ANY OTHER PRODUCT OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, MXI DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MXI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCTS OR SERVICES PURCHASED FROM THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR PROVIDE ANY PARTICULAR RESULTS. NEITHER MXI NOR MXI’S SUPPLIERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE) INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, SITE CONTENTS OR ANY PRODUCTS OR SERVICES. WE ARE ALSO NOT RESPONSIBLE FOR DAMAGES TO OR CLAIMS BY THIRD PARTIES. CERTAIN LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. In such instance, we disclaim warranties and liabilities to the maximum extent permissible by such laws.
You agree to indemnify and hold Mxi, and its subsidiaries, affiliates, officers, agents, partners, directors, and/or employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising directly or indirectly out of or from your activities in connection with this site or its contents, including, without limitation, your violation of these Conditions of Use or your violation of any rights of another.
Cooperation with Authorities
Mxi reserves its rights to: disclose any information as necessary to satisfy any law, regulation, or governmental request or investigate suspected violations of these Conditions, including the gathering of information from the user(s) involved and the complaining party, if any, and examination of material on Mxi servers and network. Violations of these Conditions may also subject you to criminal or civil liability or other legal action. You consent to and authorize Mxi, its affiliates and agents to cooperate with (i) law enforcement authorities or governmental agencies in the investigation of suspected violations of applicable law, and (ii) system administrators or other Internet service providers or other network or computing facilities to enforce these Conditions. Such cooperation may include provision of usernames, IP addresses, or other identifying information. Mxi may terminate, without notice, your access and use of the site if, in Mxi’s sole discretion, you have violated these Conditions.
Mxi reserves the right to change these Conditions at its sole discretion and without notice. Changes are effective on the date they are posted (which you can determine by looking in the left or right hand corner of this page below). Mxi recommends that you print a copy of these Conditions for future reference and revisit these Conditions from time to time to ensure you are aware of any changes. Your continued use of the site signifies your acceptance of any changed Conditions.
Mxi controls the site (excluding third party linked sites) from its corporate offices within the province of Ontario, Canada. By visiting our website, you agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Mxi. Mxi makes no representation that site or site content are appropriate or available for use in other locations. Accessing the site or its contents from jurisdictions where they are illegal is prohibited. If you choose to access this site from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the site and its contents and your purchase of any products or services. The site content and/or products and services available through the site may be subject to Canadian export controls.
Any dispute relating in any way to your visit to our website, or any page thereof, shall be submitted to confidential arbitration in Ottawa, Ontario, Canada, except that, to the extent you have in any manner violated or threatened to violate Mxi's intellectual property rights, Mxi may seek injunctive or other appropriate relief in any court in the Province of Ontario, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be finally settled by arbitration pursuant to the Ontario Arbitrations Act. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
In the event of termination of your access to or use of the site or its contents, the provisions respecting your representations, warranties, and indemnities, Mxi’s Disclaimer of Warranties and Limitations of Liability, Applicable Law; and Copyrights and Trademarks will survive unless waived in writing by Mxi.
Mxi Technologies 175 Terence Matthews Crescent Ottawa, Ontario, CANADA K2M 1W8
Last Updated: October 30, 2015