Terms of use

Your Agreement with Oceanex Inc. (“Oceanex“)

Your access to this website (the “Website“), including all web pages and content contained within or accessed through the Website, and/or your downloading or use of any Content contained on or accessible via the Website, is conditional on your acceptance of these Terms of Use and constitutes and confirms your acceptance of these Terms of Use. Content as used in these Terms of Use includes without limitation all textual content, information, data, documents, graphics, images, and hypertext links.

You agree that Oceanex may change these Terms of Use at any time and may provide good and sufficient notice of such change by posting the changed version on the Website. You agree that it is your responsibility to check for such changes each time you access or use the Website, and each such access or use will confirm your acceptance of these Terms of Use, including any changes made.

Intellectual Property Rights

This Website and all the content (“Content“) contained in or accessible through the Website (other than links to third party websites, described below), including all trade-marks, trade names, designs and logos, and the design, arrangement, layout and selection of the Website, its Content and its features are subject to copyright, trade-mark and other intellectual property rights of Oceanex, and to international laws and treaties protecting intellectual property. All rights not expressly granted are reserved.

Oceanex logos, graphics and designs are trademarks of Oceanex Inc., all rights reserved.

Conditional on your accepting and agreeing to these Terms of Use and your strict compliance with them, you are granted a limited, personal, temporary, non-exclusive, and revocable license and permission to download, display, view, print and save the Content for your own personal and non-commercial use. You do not have permission to modify the Content, or to remove any proprietary notices or copy or use the Content in any other manner.

Disclaimers and Limitations

The Content is made available for general informational purposes only. The Content does not constitute business, investment, financial, tax, legal or other advice and you agree that you will not act, or refrain from acting, in reliance on, based on, or because of the Content.

You acknowledge your understanding that the Internet, including email, is an insecure and not fully dependable medium and that data and information may be lost, modified, distorted or intercepted in transit. Further, the Content may not be complete or accurate when accessed, downloaded, viewed or used by you. You agree that Oceanex shall have no liability whatsoever for any such loss, modification, distortion or interception, or for incomplete or inaccurate Content.

Oceanex makes reasonable efforts to ensure the accuracy and timeliness of the Content. However, Oceanex accepts no responsibility for, and shall have no liability for any failure to update the Content of this Website in a timely fashion, or at all. Oceanex does not make any guarantee, condition, representation or warranty as to the accuracy, completeness, validity, currency, sufficiency, or reliability of the Content. Accordingly, you acknowledge and agree that the Content may not always be the most current source of information with respect to Oceanex.

Maximum Liability

In no event will Oceanex, or its directors, officers, employees, consultants, representatives or agents, be liable in any manner whatsoever for any loss or damages arising out of any use of or misuse of, or downloading or viewing of, or reliance on or interpretation of the Content of this Website, whether any of the foregoing are authorized or unauthorized, or for any errors, inaccuracies, omissions or defects in the Content of this Website. The foregoing shall apply to all kinds of damages, including, without limitation, damages for financial loss, harm to business, loss of profits, failure to realize expected results, profits or savings, interruption of activities, loss of or damage to data, information, software or computer systems, or any other economic or pecuniary loss or damage whatsoever, regardless of the form of action or legal theory, including without limitation tort, contract, strict liability or breach of any duty. The foregoing shall apply in all cases even if Oceanex has been advised of the possibility of such damages or such damages are reasonably foreseeable.

If, notwithstanding the foregoing, Oceanex should be found liable for any loss or damage which arises out of or in any way connected with any of the functions or uses of this website or its content, the liability of Oceanex shall not and in no event exceed the aggregate of $250 Canadian.

Indemnification

You shall indemnify and save harmless Oceanex and their respective directors, officers, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of this website.

Oceanex makes reasonable efforts to eliminate viruses and other malicious or destructive computer code or software, and to maintain adequate security, but Oceanex gives no condition or warranty that the Website will be free of such materials, or free from the results of hacking, cracking or other malicious activities.

You access, view, download and use the Content solely at your own risk and you warrant and represent that you have taken reasonable precautions by way of, without limitation, purchase and use of the latest anti-virus and other technological means to avoid any loss or damage to you from viruses or other such threats.

Hypertext links contained in the Website and linking to third party websites are provided to you as a convenience only. Those links will take you to websites that are subject to change at any time and that are not within the control of Oceanex. In the event that Oceanex becomes aware that any such third party website contains inappropriate content, Oceanex will generally disable the link to such website upon receiving notice of inappropriate content, but Oceanex accepts no obligation to do so or any liability should it not do so in a timely fashion or at all. You therefore access such third party websites solely at your own risk and agree that in no event shall Oceanex be liable for the contents of any such website, or for any reliance by you upon such website or use of its contents.

Use of Email

You also agree that, while you may send email messages to Oceanex personnel by use of links in this Website, you understand the risks of using email. Oceanex cannot ensure that an email from you will not be intercepted or altered in transit, or that Oceanex will in fact receive it. If you wish to send information securely and confidentially to Oceanex, you will not use email.

Applicable Laws

The laws of the Province of Newfoundland and Labrador and the laws of Canada shall govern your use of this Website and the interpretation, validity and effect of these Terms of Use. This will apply notwithstanding your physical location, jurisdiction, residence or domicile, or the manner in which you have accepted these Terms of Use.

Other Terms & Conditions

Any monetary amounts mentioned in this Website are in Canadian currency unless otherwise noted.

Severability

These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law. Any such determination shall not affect the validity and enforceability of any other remaining provisions.

Headings

Headings used in the Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

Entire Agreement

These Terms of Use together with those incorporated or referred to herein, constitute the entire agreement between us relating to the use of the website, and supersedes any prior understandings or agreements (whether electronic or oral) regarding the subject matter, and may not be amended or modified except by Oceanex as set forth above.