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Thank you for visiting the Valiant TMS website (www.valianttms.com, the “Site”) and for your interest in our company. We hope you find this Site user friendly and informative. This page contains information about legal considerations, data privacy, and data protection with respect to the Site. If you have any questions or comments, or if you need assistance in finding specific information, please contact us. For purposes of these Terms of Use, “Valiant TMS” (or “We” or” Our”) means the Valiant Corporation and any of its subsidiaries, parents, or affiliates.
Your access to and continued use of the Site constitutes your acceptance of, and is conditional upon your continued acceptance of and compliance with, these Terms of Use (the “Terms of Use”). If you do not agree with any of these Terms of Use, you must leave this Site and discontinue use of the Site immediately.
Please note that the Site may not be accessible for use in all locations and that certain content on the Site may be location specific, such as applicable privacy and cookie policies.
You further represent that you are at least 18 years old or, if you are not at least 18, that you will only use the Site in conjunction with, and under the supervision of, your parent or guardian.
By using the Site, you agree not to send or transmit any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site. You also agree not to interfere with the servers or networks connected to the Site or to violate any of the procedures, policies, or regulations of networks connected to the Site, the terms of which are incorporated herein.
Valiant TMS does not promote, recommend, or condone use of the Site during certain activities where there is a significant risk of accident, such as automobile driving. You agree not to use the Site during such activities.
We provide the materials on the Site “as is.” We make no warranties, expressed or implied, and disclaim all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant or make any representations concerning the accuracy, results, or reliability of the use of the materials on the Site. We have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Site. You acknowledge and agree that you should not rely on the Site for any reason.
Please note that the materials appearing on the Site may include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Site are accurate, complete, or current. We may make changes to the materials contained on the Site at any time without notice. However, we do not make any commitment to update any of these materials. Nevertheless, should you encounter anything that is incorrect or out of date, we would appreciate it if you could let us know. Please indicate where on the Site you read the information, and we will investigate it as soon as possible. Please send your response by completing our contact form.
You agree and acknowledge that Valiant TMS is entitled to modify, improve, or discontinue any of its content or services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained on the Site. Further, you agree and acknowledge that Valiant TMS is entitled to provide services to you through subsidiaries or affiliated entities.
All intellectual property rights to content on this Site are vested in Valiant TMS, including but not limited to, all images, text, illustrations, designs, icons, photographs, videos, programs, written, and other material that are part of this Site (collectively, the “Contents”). Valiant TMS and/or its licensors (as may be applicable) are the sole owners of the Contents, including any applicable trademark or copyright therein. Except as expressly authorized by Valiant TMS, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of any Contents.
“Valiant TMS Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, or other designation that Valiant TMS uses in connection with its products and services. You may not remove, use, or alter any Valiant TMS Trademarks without Valiant TMS’ prior written consent. You acknowledge Valiant TMS’ rights in the Valiant TMS Trademarks and agree that any use of the Valiant TMS Trademarks by you will inure to Valiant TMS’ sole benefit. You agree not to incorporate any Valiant TMS Trademarks into your trademarks, service marks, company names, web addresses, domain names, or any other similar designations, for use on or in connection with any products, services, or technologies. All other trademarks not owned by Valiant TMS that appear in connection with the Site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Valiant TMS.
You acknowledge and agree that the Site may contain proprietary and confidential information protected by intellectual property laws and international intellectual property treaties. Such content may not be sold, reproduced, or distributed without our written permission. Unless explicitly stated herein, nothing in these Terms of Use may be construed as conferring any license to intellectual property rights.
We reserve the right to suspend or end the Site or our services at any time, with or without cause, and with or without notice. If we suspend or terminate the Site or your access to it for any reason, we will try to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms of Use, a court order, or danger to other users) where we may suspend the Site or your access immediately. Any provisions of these Terms of Use that, by their nature, are to continue in perpetuity shall be unaffected by the termination of this Site or your access to it.
You understand and agree that Valiant TMS, any of its subsidiaries or affiliates, and any of their respective shareholders, directors, officers, employees, or agents (jointly or severally) shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to, damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information, or other intangible loss arising out of the use of or the inability to use the Site or any Valiant TMS service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not we have been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability is limited to the greatest extent permitted by law. Valiant TMS is not liable for loss as a result of inaccuracies or incompleteness, nor for loss resulting from problems caused by or inherent to the dissemination of information through the Internet, such as disruptions or interruptions. When using web forms, we strive to limit the number of required fields to a minimum. For any loss suffered as a result of the use of data, advice, or ideas provided by or on behalf of Valiant TMS via this Site, Valiant TMS accepts no liability. Valiant TMS will make reasonable efforts to protect its systems against any form of unlawful use and will implement appropriate technical and organizational measures to this end, taking into account, among other things, the state of the art. However, Valiant TMS is not be liable for any loss whatsoever, direct and/or indirect, suffered by a user of the Site, that arises as a result of the unlawful use of its systems by a third party. Any claim or cause of action arising out of or related to your use of the Site must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
Notwithstanding any other provisions of these Terms of Use, we will not be responsible for any loss or damage of any kind related to:
You agree to indemnify and hold Valiant TMS and its officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of these Terms of Use, or your violation of any rights of another. You further represent that to the extent you are visiting the Site on behalf of your employer, your employer agrees to indemnify Valiant TMS for a violation of these Terms of Use and you have the authority to agree to the same on your employer’s behalf.
The Site may include hyperlinks to third-party content, advertising, or websites. You acknowledge and agree that Valiant TMS is not responsible for and does not endorse any advertising, products, or resource available from such resources or websites. References on this Site to any names, marks, products, or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Valiant TMS endorsement, sponsorship, or recommendation of the third party, information, product, or service. Valiant TMS is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk. Before using the e-mail function, please verify that the information in question is suitable for transmission via the Internet. Valiant TMS accepts no responsibility for the content of websites to which or from which a hyperlink or other reference is made. Products or services offered by third parties shall be subject to the applicable terms and conditions of those third parties.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the Province of Ontario and the Laws of Canada to resolve any legal matter arising from these Terms of Use or related to your use of the Site. If any provision of the Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the other terms herein shall remain in full force and effect. The failure of Valiant TMS to act with respect to a breach of the Terms of Use by you or others does not constitute a waiver and shall not limit Valiant TMS’ rights with respect to such breach or any subsequent breaches.
By using the Site, you may submit your personal information. Any information that you submit or that we collect when you are using the Site is subject to our Privacy Notice and our Cookie Policy (collectively, our “Privacy Notices”), the terms of which are incorporated into these Terms of Use. Subject to the terms of the Privacy Notices, we may need your permission to do certain things that you ask us to do with your information. You agree that we need to do those things solely to provide our services to you, and you give us permission to do so. You agree that you are solely responsible for the content you submit to the Site. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms of Use. You agree that Valiant TMS is free to use any comments, information, or ideas contained in any communication you may send to us without compensation, acknowledgement, or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services and creating, modifying, or improving the Site or other products or services.
You understand and agree that these Terms of Use constitute the entire general agreement between you and Valiant TMS regarding the Site. You may be subject to additional terms and conditions when you use, purchase, or access other services, affiliate services, or third-party content or material. These Terms of Use supersede all prior terms or agreements between you and Valiant TMS with respect to such Terms of Use. Further, if you are using the Site on behalf of your employer, you represent that your employer has authorized you to accept these Terms on your employer’s behalf, and any reference to the term “you” will include both you and your employer.
Valiant TMS will not be liable for any failure or delay in the performance of its obligations caused by events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, pandemics, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers. Upon the occurrence of any such event, Valiant TMS will be excused from any further performance of its obligations effected by the event for so long as the event continues.
We reserve the right to modify these Terms of Use from time to time at our sole discretion and without any notice. Changes to our Terms of Use become effective on the date they are posted, and your continued use of the Site after any changes to Terms of Use will signify your agreement to be bound by them.
6555 Hawthorne Drive
Windsor, Ontario, Canada N8T 3G6
Phone +1 519 974 5200
©2023 Valiant TMS (Valiant Machine & Tool Inc, TMS Turnkey Manufacturing Solutions GmbH). All Rights Reserved.