Dig Pig Products Inc. (“Dig Pig Products“) owns and operates the website and related services located at www.hydrovacnation.ca. (The website and all related services and any data, information or content located on the website are called, collectively, the“Website“.)
These Term of Use set out the agreement between you and Dig Pig Products (the “Agreement“) under which you may access and use the Website.
BY ACCESSING OR USING ANY OF THE WEBSITE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS THE SAME MAY BE AMENDED AS PROVIDED HEREIN. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET OUT IN THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE WEBSITE.
Dig Pig Products may amend this Agreement at any time by posting a new agreement in place of this one. These amendments may include, without limitation, adding to, deleting from or modifying any of the provisions in this Agreement. Dig Pig Products will post notice that the Agreement has been amended on its main website located at www.hydrovacnation.ca for a period of 30 days. The amended agreement shall automatically be effective when posted. Your continued use of the Website following the posting of the amended agreement and the posting of such notice shall mean that you accept the terms of this Agreement as amended. If you do not agree with any of the terms or conditions in the amended Agreement then you agree to immediately cease all use of the Website, which shall be your sole recourse and remedy in the event you are dissatisfied with the amended Agreement. This Agreement may not otherwise be amended.
The first paragraph of this Agreement indicates when the Agreement was last amended.
Please check back regularly to review for changes.
Provided you are fully complying with this Agreement, you are granted a non-exclusive and non-transferable license to use and access the Website.
In order to access and use the Website you agree to abide by the terms and conditions of this Agreement.
Dig Pig Products has the right, in Dig Pig Products’ sole discretion, to suspend or terminate your current and future access and use of the Website in the event Dig Pig Products reasonably believes that you are conducting yourself in a manner that is in breach of this Agreement.
Errors in Data and Content
Dig Pig Products obtains data, information and content located on the Website from a variety of sources. Dig Pig Products uses reasonable attempts to ensure that data, information and content is obtained from reliable sources. However, there is no guarantee that any of the data, information or content located on the Website is correct.
This may be due to a number of reasons, including that the data, information or content provided to Dig Pig Products is incorrect or that Dig Pig Products inadvertently altered the data, information or content when it placed the same on the Website. If you intend on making any decision that references, is based on, uses, incorporates or otherwise relies, in any manner whatsoever, on any of the data, information or content located on the Website you agree that before you do so you will verify that the data, information and/or content is, in fact, correct from a third-party source having the correct data, information and/or content.
Material contained on or accessible through this Website and its content is for information purposes only and is not intended to and does not constitute an offering or solicitation of securities in any jurisdiction.
You shall not submit any information or material or provide a link to any material, information, product or service to the Website:
which infringes or potentially infringes any third-party intellectual property or other proprietary right including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
which is harmful or potentially harmful including, without limitation, that which places the integrity or security of any computer system at risk or distribute any virus, Trojan horse, worm, time bomb or other harmful or invasive computer code; or which in any way violates any federal, state or provincial law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination or false advertising.
You shall not, in connection with the Website:
offer, sell, promote or publicize any products or services over the Website; or
use the Website for any commercial purpose.
You shall not, in connection with the Website:
undertake any activity which creates liability, loss or damage or potentially creates liability, loss or damage to Dig Pig Products or any of its suppliers;
fail to comply with any governmental law, rule, regulation or order that applies to your activities;
use any spider, robot or other automatic means to search or monitor the Website or any content contained in the Website;
obtain or seek to obtain access to any software or data of Dig Pig Products or any of its suppliers other than as specifically permitted as set out in the documentation and as reasonably necessary to use the Website;
use any automatic means, including software, to interfere with or attempt to interfere with the Website or any related service or their use by any other user;
cause any unreasonable burden or load on the Website or its computer systems;
undertake any activity which creates loss or damage or potentially creates loss or damage to Dig Pig Products’ computer systems;
use any material of Dig Pig Products that is protected by copyright without written consent;
use any trademark of Dig Pig Products without written consent; or
use Dig Pig Products or any of its supplier’s systems, servers or networks for any purpose other than what is reasonably necessary to use the Website.
Other Users and Verification
As with any activity on the Internet, there is a risk that any other individual or entity may be misrepresenting who they actually are. Their motivation for this misrepresentation may include for the purposes of fraud, deceit, identity theft and other criminal activity. As such, Dig Pig Products strongly encourages you to be vigilant in all interactions with others users of the Website.
Dig Pig Products does not attempt to verify that any individual or entity is who they claim to be and you assume all risks of loss or damage that may arise as a result of the same.
Changes and Availability of the Website
Dig Pig Products may change, add to or delete from the Website or any related services at any time without notice. You agree to bear all risks, costs and damages that you may incur or suffer as a result of those changes.
You agree that Dig Pig Products will not be liable for any delay or unavailability of any of the Website, whether due to an act or omission of Dig Pig Products or an act or omission of any third party.
Links to Internet Resources
Links to other Internet resources which are provided by Dig Pig Products on the Website are provided as a courtesy and you may only use them at your sole risk. The condition, suitability, safety, accuracy, quality, integrity and legality of any information, content or other material or any products or services available from or through any links are not investigated, verified or monitored by Dig Pig Products.
Dig Pig Products will not be responsible for any such information, content or other material or any such products or services. Further, the posting of any link does not mean Dig Pig Products agrees with or endorses any information, content or other material or any products or services available from or through any such links.
No partnership or other relationship should be implied merely from the fact that a link to a third-party website is provided on the Website.
By making any suggestion or comment to Dig Pig Products you will thereby be granting, and you agree to grant, to Dig Pig Products a world-wide, royalty-free, non-exclusive and irrevocable license to use that suggestion or comment in any manner that Dig Pig Products may wish, including to improve the Website. You hereby agree and acknowledge that you will not receive any compensation in connection with the same.
Further, you hereby agree and acknowledge that by providing a suggestion or comment you may be giving up certain proprietary rights, including the right to apply for a patent and the right to receive any economic benefit from your suggestion or comment. If you are not prepared to grant the foregoing license and to give up these rights or if you do not understand the consequences of providing a suggestion or comment then youshould not provide the suggestion or comment to Dig Pig Products. Further, if you are in doubt, we encourage you to speak to a lawyer.
You agree that title to and ownership of the Website and any modifications or upgrades made thereto and all intellectual property rights therein shall at all times be held by Dig Pig Products and its suppliers.
You shall not have any right, title or ownership interest in the Website except the limited right to access and use the Website in accordance with the terms and conditions set out in this Agreement.
You may not, directly or indirectly, decompile or reverse engineer the Website or do anything to attempt to reveal, generate or obtain the source code for the Website.
You may not modify, copy, publish, republish, transmit, sell, create derivative works, display, frame or in any way exploit any content contained on the Dig Pig Products Website.
Dig Pig Products shall ensure that appropriate firewalls and other security measures are in place to ensure that the Website is secure against unauthorized access in accordance with industry standards. However, you acknowledges and agrees that applications and systems which are made available over the Internet are inherently insecure against motivated individuals and Dig Pig Products and its suppliers shall have no obligation or liability to you for any breach of such firewalls or security measures as a result of same.
Defects in the Website
Dig Pig Products does not represent or warrant that any defects in the Website can or will be corrected. Any such corrections will be solely at Dig Pig Products’ discretion.
Dig Pig Products and its suppliers shall have no liability or obligation to you or any third party in the event of any defect or error or any omission in the Website.
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS USED BY YOU AT YOUR SOLE RISK. EXCEPT AS OTHERWISE EXPLICITLY SET OUT HEREIN DIG PIG PRODUCTS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS CONCERNING THE WEBSITE, INCLUDING ANY AND ALL WARRANTIES AND CONDITIONS OF DESIGN, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE, PERFORMANCE, AND ANY AND ALL WARRANTIES AND CONDITIONS THAT MIGHT OTHERWISE ARISE DURING THE COURSE OF DEALING, CUSTOM OR TRADE USAGE AND THOSE WHICH MAY BE IMPLIED BY STATUTE.
THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES, AND OTHER LIMITATIONS. DIG PIG PRODUCTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS, VIRUSES, OR OTHER LIMITATIONS.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL DIG PIG PRODUCTS OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR INJURY INCURRED OR SUFFERED BY YOU WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF THE WEBSITE WHETHER OR NOT DIG PIG PRODUCTS OR ANY OF ITS SUPPLIERS WAS TOLD OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR INJURY AND INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM DEFECTS IN THE WEBSITE. IN ALL CIRCUMSTANCES, DIG PIG PRODUCTS ’ TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING SHALL BE LIMITED TO $10.00 (CDN) OR THE FEES THAT YOU HAVE ACTUALLY PAID TO DIG PIG PRODUCTS, WHICHEVER IS HIGHER. THIS LIMITATION SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
You agree to indemnify and hold Dig Pig Products, its employees, officers, directors, agents, and partners harmless from any and all claims and demands, including reasonable attorney fees, made by anyone due to or arising in connection with your use of the Website or your violation of this Agreement.
Basis of Bargain
You agree and acknowledge: (i) that Dig Pig Products has set fees and the parties have entered into this Agreement in reliance on the warranty disclaimer, limitations of liability, and indemnity provisions set forth herein; (ii) that the same reflects an agreed-to allocation of risk between the parties (including the risk that a remedy may fail its essential purpose and the risk of suffering indirect damages); and (iii) that the same forms an essential basis of the bargain between the parties. You agree and acknowledge that Dig Pig Products would not have been able to provide access to and use of the Website on an economic basis (taking into account the amounts charged, if any) without such allocations of risk. If you do not fully agree with the foregoing you may not access or use the Website.
The parties are independent parties and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended nor created by this Agreement and neither party shall state or imply anything to the contrary.
Dig Pig Products’ failure to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right of the same or different type in the future.
The terms and conditions set out in this Agreement constitute the entire terms and conditions with respect to the access and use of the Website and the relationship between the parties for the purposes of the same. No representative of Dig Pig Products is authorized to amend the terms of this Agreement other than as specifically provided for herein.
All captions and headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions.
If any term or condition of this Agreement or the application thereof to any party or circumstance shall be invalid or unenforceable to any extent the remainder of this Agreement and the application of such term or condition to a party or circumstance other than those to which it is held invalid or unenforceable shall not be affected thereby and each remaining term or condition of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law.
This Agreement may not be assigned by you. We may assign this Agreement and the Website in connection with a merger or acquisition or other restructuring or other sale or transfer.
Rights and Remedies
The rights and remedies of a party hereunder are cumulative and no exercise or enforcement by a party of any right or remedy hereunder shall preclude the exercise or enforcement by the party of any other right or remedy hereunder or which the party is otherwise entitled by law or equity.
This Agreement, the relationship between you and Dig Pig Products, your use of the Website and any related services, and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Alberta and those of Canada applicable therein, without reference to their conflict of laws.
You agree that any legal action or proceeding between you and Dig Pig Products which in any way concerns this Agreement or the use of the Website or the relationship between the parties in connection with the same shall be brought exclusively in the courts of Alberta. Notwithstanding the foregoing, any party may apply to any court of competent jurisdiction for any equitable relief by way of restraining order, injunction, decree, specific performance, mandatory injunction, or otherwise where damages could not adequately be compensated by the monetary award and where the Courts of Alberta would not have adequate jurisdiction to grant an effective equitable remedy.
The rights and obligations under Errors in Data and Content, Your Suggestions, Title, Defects in the Website, Warranty Disclaimer, Limitations of Liability, Indemnity, Basis of Bargain, Attornment, Survival, and Third Party Rights shall survive the termination of this Agreement for whatever reason. Termination does not relieve any party of any liability accruing to the date of termination.
Third Party Rights
This Agreement does not confer any third-party beneficiary rights.