PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
This Terms of Use Agreement ("Agreement") is a legal agreement between you, and Brady Brady Inc. (“Brady Brady”)
and, together with the Brady Brady Privacy Policy, states the terms and conditions under which you may access and
use www.bradybrady.com (the "Website"). By accessing and using the Website, you are indicating your acceptance of,
and agreement to be legally bound by, this Agreement and the Privacy Policy. If you do not accept this Agreement or
the Privacy Policy, you must not access or use the Website.
1. Copyright
All content included on the Website (the “Content”), such as text, graphics, logos, images, audio clips, video
clips, digital downloads, data compilations, and software, is the property of Brady Brady or its content suppliers
and protected by Canadian, US and international copyright laws.
Except as granted in the limited licence herein, any use of the Content, including modification, transmission,
presentation, distribution, publication, reproduction or other exploitation of the Website or of any Content,
whether in whole or in part, is prohibited without the express prior written consent of Brady Brady. Your use of the
Website and/or any Content does not grant or transfer to you any ownership or other rights in the Website and/or any
Content, and except as expressly provided, nothing herein or within the Website and/or any Content shall be
construed as conferring on you or any other person or entity any license under or of any Brady Brady or any third
party intellectual property or other rights. Any rights not expressly granted to you in this Agreement are expressly
reserved.
2. Limited licence
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, fully revocable,
non-transferable and non-exclusive licence to access, view and use the Website for your personal, non-commercial
use. This limited license does not include any rights not specifically enumerated herein. For certainty, this
limited license does not include any right to copy, reproduce, republish, upload, post, transmit, or distribute any
of the Content. Your limited license to use the Website and the Content is automatically revoked upon termination or
expiration of this Agreement (whichever occurs first). You agree that you will not use the Website or any Content
for any purpose that is unlawful.
3. Prohibition
You are prohibited from contributing, posting or transmitting to the Website any infringing, unlawful, threatening,
libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could
constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or
otherwise violate any law and does not consist of or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of content. Brady Brady reserves the right
(but not the obligation) to remove or edit such content, but does not regularly review posted content.
4. Links
The Website may contain links to third party websites. These links are provided solely as a convenience to you and
not as an endorsement by Brady Brady of the contents of such third party websites. Brady Brady is not responsible
for the content of any third party website, nor does it make any representation or warranty of any kind regarding
any third party website. You also understand and agree that the Brady Brady Privacy Policy is only applicable you
while you are using the Website and is not applicable to your use of third party websites. Once you are linked to
another website, you should read the privacy policy of that website before disclosing any Personal Information (as
defined in the Privacy Policy).
5. Limitation of Liability
Subject to applicable law, in no event shall Brady Brady, or any of its partners, employees, consultants,
representatives, officers, directors, agents, or licensors ("Brady Brady Released Parties") be liable for damages of
any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages
or any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits,
arising from your use of, reliance upon, or inability to use the Website and/or the Content, regardless of the cause
and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The
foregoing limitation shall apply even if Brady Brady knew of or ought to have known of the possibility of such
damages.
6. Disclaimer of Warranties
Subject to applicable law, the Website and the Content is provided "as is" and "as available", without warranty or
condition of any kind, either express or implied. Brady Brady expressly disclaims all warranties and conditions,
including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title,
quiet enjoyment, accuracy, completeness, or non-infringement in respect to the Website and the Content, to the
fullest extent permissible under applicable law. Without limiting the generality of the foregoing, while Brady Brady
endeavors to provide Content that is correct, accurate and timely, no representations or warranties are made
regarding the Website and/or the Content including, without limitation, no representation or warranty that (i) the
Website or the Content will be compatible with your computer, mobile or other device and/or software; (ii) the
Website or the Content will be accurate, reliable, complete, current, timely or suitable for any particular purpose,
(iii) that the operation of the Website will be uninterrupted or error-free, (iv) that defects or errors in the
Website or the Content will be corrected, (v) that the Website or the Content will be free from viruses, Trojan
horses, malware, worms or other harmful components, and (vi) that communications to or from the Website will be
secure and/or not intercepted. You acknowledge and agree that you are using the Website and the Content, if
applicable, at your own risk and liability.
7. Release and Indemnity
To the fullest extent permissible under applicable law, you hereby agree to release each of the Brady Brady Released
Parties from, and in no event shall any or all of the Brady Brady Released Parties be liable to you or any other
person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or
consequential damages, including lost profits) whatsoever or arising from your use of the Website (including any
breach by you of this Agreement), the Content or otherwise relating to this Agreement and you agree that your sole
remedy for any claim, loss, damage, costs or expenses is to cease using the Website and the Content. You will
indemnify and hold each of the Brady Brady Released Parties harmless from and against any claims, losses, judgments,
damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or
resulting from your use of the Website, the Content or otherwise relating to this Agreement (including any breach by
you thereof). You will also indemnify and hold the Brady Brady Released Parties harmless from and against any claims
brought by third parties arising out of your use of Content from this Website. You agree that the applicable Brady
Brady Released Party may assume the defense and control of any matter for which you are required to indemnify the
Brady Brady Released Party and you agree to cooperate, at your cost, with our defense of these claims. You agree not
to settle any matter without the prior written consent of the applicable Brady Brady Released Party.
8. Privacy Policy
Brady Brady treats personal information that you submit through this Website in accordance with its Privacy Policy.
Please read and review the Privacy Policy, which describes
the privacy policies and practices of Brady Brady in detail, as such policy may be amended from time to time by
Brady Brady. Brady Brady advises you to check the Privacy Policy on a frequent basis for changes. By using the
Website or providing us with Personal Information (as defined in the Privacy Policy), you consent to the use of your
Personal Information by Brady Brady in accordance with the terms and for the purposes set forth in the Privacy
Policy.
9. Security and Confidentiality
The transmission of data or information over the internet or other forms of networks may not be secure, and is
subject to possible loss, interception or alteration while in transit. Brady Brady cannot guarantee security of any
communication to or from the Website. Brady Brady does not assume any liability for any damage you may experience or
costs you may incur as a result of any electronic transmissions over the internet, other forms of networks or
otherwise while using the Website.
10. Passwords and User IDs
Any passwords and user IDs used for the Website are for your individual use only. You will be responsible for the
security of your password and user ID (if any). You further agree not to disclose your password or user ID to any
other person and Brady Brady will not be responsible for the unauthorized use of your profile by any other person
and are under no obligation to confirm the actual identity of any password or user ID. You agree to notify Brady
Brady immediately upon becoming aware of any known or suspected unauthorized use(s) of the your password or user ID
to gain access to your profile, or any breach of security, or if at any time your password or user ID is, or you
believe it has been, lost, stolen, disclosed, or otherwise compromised. Brady Brady cannot and will not be liable
for any loss or damage arising from your failure to comply with these provisions.
11. Trademarks
“Brady Brady” is a trade-mark of Brady Brady Inc. Other names, words, titles, phrases, logos, designs, graphics,
icons and trademarks displayed on the Website may constitute registered or unregistered trade-marks of Brady Brady
or third parties. Brady Brady trade-marks may be unregistered or registered in Canada, and in other countries as
applicable. Any use of such trade-marks, except as expressly provided for herein, without the express written
consent of the applicable owner is strictly prohibited. Nothing contained herein or on the Website (including,
without limitation, the Content) may be construed as granting, by implication, estoppel, or otherwise, any license
to use any trade-mark(s). You agree that you will not take any actions inconsistent with Brady Brady ownership of,
or any third party's ownership of, the trade-marks.
While certain trade-marks of third parties may be used by Brady Brady under licence, the display of third party
trade-marks on the Website should not be taken to imply any relationship or licence between Brady Brady and the
owner of said trade-mark or to imply that Brady Brady endorses the wares, services or business of the owner of the
said trade-mark.
12. Intellectual Property Concerns
If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any
exclusive right under copyright or trade-mark, you agree to promptly report any alleged copyright or trade-mark
infringements taking place on or through the Website by providing a written notice with the following information
(i) identification of the copyrighted work or trade-mark that you claim has been infringed; (ii) identification of
the allegedly infringing content, and information reasonably sufficient to permit Brady Brady to locate it; (iii) a
statement by you that you have a good faith belief that the use of the content identified in your notice in the
manner complained of is not authorized by the copyright/trade-mark owner, its agent, or the applicable law; (iv) a
statement by you that you attest that the information in your notice is accurate and that you are the
copyright/trade-mark owner or otherwise authorized to act on the owner's behalf; and (v) your physical or electronic
signature, together with your contact information (address, telephone number and, if available, email address).
Deliver the notice to us at the following address:
Brady Brady
P.O. Box 367
Waterloo, Ontario, Canada
N2J 4A4 E: info@bradybrady.com
13. Governing Law and Jurisdiction
Subject to applicable law, by accessing or using the Website, you agree that all matters relating to your access to,
or use of, such Website and its Content shall be governed by the laws of the Province of Ontario and the federal
laws of Canada, without regard to conflict of laws principles, and you agree and hereby submit to the non-exclusive
jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use
of such Website..
14. Termination
Brady Brady may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the
Website, or any Content, at any time without notice. In the event of termination, you are no longer authorized to
access the Website, the part of the Website, or Content affected by such cancellation or termination. The
restrictions imposed on you with respect to both Content and the Website set out in this Agreement shall survive.
Brady Brady shall not be liable to any party for such termination.
15. Entire Agreement
This Agreement and the Privacy Policy constitues the entire agreement between you and Brady Brady relating to your
access and use of the Website and the Content herein.
16. Changes to this Agreement
Brady Brady may revise this Agreement at any time by posting an updated Agreement to the Website. Use of the Website
after such changes are posted will signify your acceptance of these revised terms. You should visit this page
periodically to review this Agreement.
17. General
If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be
severed and the remaining provisions shall remain in full force without being invalidated in any way. You may not
assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Brady Brady will not be
considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing
and signed by the applicable Brady Brady entity. No delay or omission by Brady Brady in exercising its rights or
remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not
preclude further exercise of any other right or remedy. The failure of Brady Brady to enforce the strict performance
of any provision of this Agreement will not constitute a waiver of the right of Brady Brady to subsequently enforce
such provision or any other provisions of this Agreement. The headings used in this Agreement are included for
convenience only and have no legal or contractual effect.
