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Accessibility Statement.

 

At CentiMark Ltd., we are dedicated to providing our web users with an accessible website regardless of the technology or ability. We take Web Content Accessibility Guidelines (WCAG) seriously and continuously enhance the accessibility and usability of CentiMarkLtd.ca.

 

Our measures to improve your experience:

CentiMark takes the following initiatives to ensure accessibility of the CentiMark Ltd. Website:

  • Ongoing development work and internal testing of all digital assets to ensure accessibility in all environments. 
  • Accessibility Toolbar and Screen Reader implementation to allow our users to personalize their experience on CentiMarkLtd.ca.
  • Continual online accessibility training for our staff.

 

Compliance status:

CentiMark's website is partially conformant with WCAG 2.1 level AA guidelines. Partially conformant means that some website content elements do not fully conform to the accessibility standard yet. However, we are actively working on bringing those elements to full compliance.

CentiMark.com relies upon the following technologies to work in the particular combination of the user's assistive software, operation system and web browser:

  • HTML
  • CSS
  • JavaScript
  • Joomla

 

Our limitations and solutions:

Despite our continuous efforts to ensure the accessibility of CentiMarkLtd.ca, there may be some limitations. Below are the known limitations that we are working on. If you experience an accessibility issue that is not listed below, don't hesitate to get in touch with us.

 

Known limitations for CentiMark Website:

  1. Some older PDFs (Portable Document Format) may not have tags, alt text alternatives on images or bookmarks for documents over nine pages. We are working on replacing all downloadable files with ADA/WCAG compliant documents. To view PDF documents, you need to have appropriate software installed. Please visit Adobe's website if you do not have Adobe PDF Reader installed. If you experience an accessibility issue with a downloadable document from our website, please send your inquiry to contact@centimark.com and we will assist.  
  2. CentiMark.com is using third-party plugins for specific functionalities. WCAG compliance of third-party plugins is out of our control and depends on plugin developers. If you experience an accessibility issue related to a plugin, please report it to contact@centimark.com and we will work with the plugin developers on resolving it.
  3. CentiMark understands that software updates to screen readers, operation systems and browsers happen frequently. Updates may cause new accessibility issues on the website until we make appropriate adjustments to eliminate them. Please report the usability problems you are experiencing to contact@centimark.com and mention your OS and other technologies you are using in your environment.

 

Assessment method:

CentiMark Ltd.'s internal team continuously evaluates the accessibility of the website using multiple tools available. Discovered issues are being recorded and addressed accordingly.

 

Contact us:

If you experience accessibility issues while using the CentiMark Website, don't hesitate to get in touch with us at:

contact@centimark.com  | p: +1 678-648-4641

Corporate Headquarters Location:
12 Grandview Cir
Canonsburg, PA 15317

Privacy and Security Policy and Terms of Use

 

Privacy and Security Notice

CentiMark (collectively, “we”, “us”, “our”, “CentiMark”) has established this Privacy and Security Notice to outline how we  collect, store, use and disclose personal data regarding our customers and visitors of our websites located at https://www.centimarkltd.ca/ and http://mycentimark.com/ (the “Websites”).

It is the policy of CentiMark that we will comply with all applicable federal, state and provincial laws and regulations concerning the protection of the privacy and security of our customers’ information. CentiMark respects individual privacy and recognizes the need for appropriate protection and management of our customers’ personal information.

In this Privacy and Security Notice, Personal Information means any information that can be used to identify you, either alone or in combination with other information (“Personal Information”).

 

Personal information we collect and how we use it

When you interact with us through our Websites, sign-up for our newsletter or contact us by phone or email, we may collect the following Personal Information from you:

  • Contact Information, such as your name, phone number, email address, company name (if applicable) and the contents of your message, which we use to respond to your inquiries, provide you with products and services requested and/or to send you our newsletter;
  • Customer Survey Answers and Reviews, such as age, gender, products and services you like and shopping preferences, which we use to improve our services and solutions;
  • MyCentiMark.com Account Credentials, such as user name and password, which we use to provide you access to your account;
  • Payment Information, such as credit card number and other billing information, which we use to process payment for services;
  • Employment Information when you apply for employment with us, such as name, contact information, employment history, academic credentials, and any other information contained in your application for employment, including any response to screening questions, which we use to assess your application, contact you with regards to your application and decide whether to offer you employment with us; and
  • Technical Information obtained from our use of cookies, such as your computer Internet Protocol (IP) address, the type of browser and operating system you are using, location information, the webpages you visit on our Websites, information about the website you came from when you visited our Websites and websites you go to when you leave our Websites. We use this information to improve our Websites and other offerings, to provide you with pricing or availability for our products and services, to help you find our nearest location and to improve your customer experience. You may consult our Cookie Policy, for more information on the types of cookies we use, the reasons for which we use them and for information on how to opt-out of cookies.

You may refuse to provide us with your Personal Information. However, some Personal Information is necessary to process and fulfill orders for our products and services. In these cases, we may not be able to provide you with the products and services.

 

How We Share Information

In order to fulfill the purposes described above, we may use third party service providers. We share your Personal Information with these service providers when it is necessary to do so, for them to fulfill services on our behalf. These third-parties include:

  • Cloud hosting, database and software providers who help us host, administer, maintain and operationalize our information systems, including our document management systems and Websites;
  • Service providers that facilitate our marketing initiatives, such as our newsletter; and
  • Payment processing providers, who assist us in processing your payment.

When we allow a third party service provider to access your personal information, we only allow them to do so for the sole purpose of carrying out the above services on our behalf. These service providers are under contractual obligation to protect your Personal Information to standards comparable to the ones we use to protect it.

We do not sell, rent, loan, trade or lease any Personal Information collected through our Website. We will disclose your Personal Information to third parties only under one or more of the following circumstances:

  • If you have given us express permission to share your information to the specific third party;
  • To respond to subpoenas, court orders, other legal processes or otherwise when required by law;
  • If the disclosure is necessary to protect us, to protect you, to protect third parties, or to resolve a dispute between us; or
  • To a buyer or successor, in the event of a merger, restructuring, consolidation, change in control, liquidation, reorganization or other sale or transfer of all or some of our assets.

 

Security and Accuracy of your Personal Information

We have implemented reasonable and appropriate administrative, technical, and physical safeguards to protect the security of your Personal Information. However, we cannot guarantee the security of information in transit over the Internet outside of our system.

We cannot promise that your use of our Websites will be completely safe. You should always use caution when using the Internet. Online access to your Personal Information is protected with a password you select. We strongly recommend that you do not share your password.

We take reasonable steps to ensure that the Personal Information in our custody is accurate and up-to-date for the purposes for which the information was collected. While we rely on you to provide us with accurate Personal Information, we will make every reasonable effort to keep your Personal Information accurate and up to date, for the purposes for which the information was collected.Location and Retention of Personal Information

The Personal Information we collect is processed and stored on servers located in the United States. When information is stored in a foreign jurisdiction, it may be subject to the laws of that jurisdiction, and may be accessible to regulatory authorities in accordance with the laws of the United States.

We will keep your Personal Information for as long as necessary to fulfill the identified purposes or for as long as required under law. We routinely destroy or anonymize information that is no longer required for the purpose for which it was collected.

 

Your Rights

At any time, you way request information on the types of Personal Information we hold about you, what it is being used for, and with whom it has been shared. You may also request access to your Personal Information that is in our possession. We will provide you with access to your Personal Information, subject to certain exceptions such as: any personal information about another individual that cannot be separated from yours , any information subject to solicitor-client privilege, commercially confidential information, information that may threaten life or security of an individual, or information collected for purposes related to an investigation of a breach of an agreement or contravention of law.

If you notice any inaccuracies or wish to update or complete any part of your Personal Information, you may request the correction or update of that information. When appropriate, the amended information will be transmitted to any third-parties to which the Personal Information was made available.

The way in which we will give you access to your Personal Information may vary, depending on the format in which we hold it and the amount of information. We may provide your information in physical or electronic format. In the case of an exceptionally large file, we may provide you a summary of the Personal Information.

At any time, you may withdraw your consent to the collection, use, of your Personal Information, subject to contractual or legal restrictions. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service.

If you wish to exercise any of these rights, please contact us at the contact information below. If we cannot accommodate a request, we will provide you with a justification.

 

Links To Third-Party Websites

Our websites contain links to third party websites. If you click on one of those links, you will be taken to websites that we do not own and do not control. This Privacy and Security Notice does not apply to the privacy, security or other information practices of those websites. You should read the privacy policies of other websites carefully. We are not responsible for any third party websites.

 

Promotional emails

If at any time you decide you no longer want to receive promotional emails from us, you can opt out by clicking the ‘unsubscribe’ link located in the footer of the email or by contacting us at contact@centimark.com. Please note that we may still send you emails concerning your account with us if you choose to unsubscribe from promotional communications.

 

Contact Us

If you have questions about this Privacy and Security Notice or if you wish to exercise any of your rights with regards to your personal information, you can call us at 800-558-4100 or reach us by email at contact@centimark.com.

 

You can also write to us at:

CentiMark Corporation | 12 Grandview Circle, Canonsburg, PA 15317

We may make changes to this Privacy and Security Notice at any time to reflect our current use and treatment of your Personal Information. If we change the way we handle your Personal Information, we will update this Privacy and Security Notice and notify you or seek your consent as and when appropriate.

Last Updated: March 2022

 

Terms of Use

Last Updated: March 2022

CentiMark Corporation ("CentiMark", “we”, “us”, “our”), which owns and operates CentiMark.com, CentiMarkLtd.ca, QuestMarkFlooring.com, MyCentiMark.com and MyCentiMark Service, provides these Terms of Use to you as a user of the CentiMark Websites. These Terms of Use create a legal agreement between you (the “User”) and CentiMark. These Terms of Use govern your access to and use of the CentiMark Websites, as well as the offer, provision or sale of products by us to you through the CentiMark Websites.

BY ACCESSING, BROWSING AND/OR USING THE CENTIMARK WEBSITES, AND EACH TIME YOU PURCHASE A PRODUCT OR SERVICE THROUGH THE CENTIMARK WEBSITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE (I) TO BE BOUND BY THESE TERMS OF USE AND (II) TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE CENTIMARK WEBSITES. By using the CentiMark Websites, you represent and warrant that you are the legal age of majority in your jurisdiction of residence. If you are not of the age of majority in your jurisdiction of residence, you must not access or use the CentiMark Websites.

 

Revisions to Terms of Use

Please refer to these Terms of Use regularly. CentiMark reserves the right, at any time, to modify, amend, alter or update these Terms of Use without prior notice to you. You agree to be bound by these Terms of Use as they appear on the CentiMark Websites at the time of your use of the CentiMark Websites, including at the time of your purchase of a product or service through the CentiMark Websites.

 

Content of CentiMark Websites and Intellectual Property

Content is defined as any information, communications, software, photographs, video, graphics, music, sounds, and other materials and services found on the CentiMark Websites, including, but not limited to, job database and related information. Content may be changed or updated without notice. CentiMark may also make improvements and/or changes in the products and/or the programs described on the CentiMark Websites at any time without notice. The CentiMark Websites may contain other proprietary notices and copyright information, the terms of which must be observed and followed. The CentiMark Websites and the Content may contain inaccuracies or typographical errors.

The compilation (meaning the collection, arrangement and assembly) of all content on the CentiMark Websites and the CentiMark Websites are the exclusive property of CentiMark and is protected by U.S. and international intellectual property laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You must retain all copyright, trademarks, service mark and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.

The CentiMark name, the CentiMark logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of CentiMark or its licensors. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the CentiMark Websites are the trademarks of their respective owners. Use of any such property, unless authorized by us in writing, constitutes an infringement or violation of the rights of the trademark owner and may be a violation of federal or other laws and could subject you to legal action. You shall not delete or alter any copyright or trademark notices from copies of the Content.

Subject to and conditional upon your compliance with these Terms of Use, we grant you a non-exclusive, non-transferable, limited license to access the CentiMark Websites for the sole purpose of ordering the products and services for your own personal and non-commercial use. Except as expressly authorized by these Terms of Use, you may not otherwise download, reproduce, modify, adapt, create derivative works of, use, publish or distribute any Content. By furnishing information, CentiMark does not grant any licenses to any copyrights, patents or any other intellectual property rights.

 

Certain Information from You

Our collection, use and disclosure of your personal information is governed by our Privacy and Security Notice, which is available at [INSERT LINK TO PRIVACY POLICY].

Other than as necessary in connection with your purchase of products or services through the CentiMark Websites, CentiMark does not request and does not want to receive confidential or proprietary information from you through the CentiMark Websites. Please note that any such information or material sent to CentiMark that is not requested or required by CentiMark and is not necessary for your purchase of products or services will be deemed NOT to be confidential. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (i) we obtain your permission to use your name; or (ii) we first notify you that the materials or other information you submit to a particular part of the CentiMark Websites will be published or otherwise used with your name on it; or (iii) we are required to do so by law.

 

Products and Services

CentiMark's obligations with respect to our products and services are governed solely by the agreements under which the products and services are provided to you. If you obtain a product or service from CentiMark through the CentiMark Websites that is provided without an agreement, that product or service is provided "AS IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

 

Payment and Order Acceptance

If you wish to make a purchase through any  of the CentiMark Websites, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy and Security Notice. All information that you provide to our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. Prices for products and services on the CentiMark Websites are shown in U.S. dollars and exclude any and all applicable taxes and shipping and handling charges, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. When you purchase products or services through the CentiMark Websites, agree to pay, using a valid credit card, debit card or other form of payment that CentiMark may accept from time to time, the price and applicable fees and taxes (if any) set forth for the products or services on the CentiMark Websites at the time of your purchase.

Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the CentiMark Websites. The inclusion of any products or services on the CentiMark Websites at a particular time does not imply or warrant that these products or services will be available at any time.

For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped or picked up in store. CentiMark may also require additional verifications or information before accepting any order. All authorized charges will be billed to your designated credit or debit card account (or other payment method), on the terms described for the product or service you are purchasing. If payment cannot be charged to your credit or debit card (or other payment method) or your payment is returned to CentiMark for any reason, CentiMark reserves the right to either suspend or terminate your access to the CentiMark Websites and/or the unpaid-for products or services. It is your responsibility to ensure that sufficient funds are available to cover the charges for the products and services you purchase. CentiMark has no liability for any overdraft or other fees that you may incur as a result of CentiMark processing your payment. CentiMark will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card (or other payment method) has been charged, CentiMark will issue a credit in the amount of the charge.

 

Site Security

You must not attempt to circumvent or violate the security of the CentiMark Websites, including, without limitation by:

  • attempting to breach or breaching any security or authentication measures, such as attempting to access another user’s member account;
  • restricting, disrupting or disabling service to the CentiMark Websites’ hosts, servers, or networks;
  • illicitly reproducing any of the CentiMark Websites’ TCP/IP packet headers;
  • disrupting network services and otherwise disrupting our ability to monitor the CentiMark Websites;
  • using any robot, spider, or other automatic device, process, or means to access the CentiMark Websites for any purpose, including monitoring or copying any of the material on the Site;
  • introducing any viruses, trojan horses, worms, logic bombs, or other material that are malicious or technologically harmful;
  • attacking the CentiMark Websites via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; or
  • otherwise attempting to interfere with the proper working of the CentiMark Websites.

 

Termination of Access

In addition to all other legal or equitable remedies available to us, CentiMark reserves the right, without prior notice to you, to immediately terminate or restrict your access to and use all or part of the CentiMark Websites, for any reason, including, without limitation, any violation of these Terms of Use. In addition, CentiMark reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the CentiMark Websites. Any termination or restriction of your access to or use of the CentiMark Websites will not affect or diminish your obligation to make full payment for any purchases you made before such termination.

Despite the above, we have no obligation, nor any responsibility to any party to monitor the CentiMark Websites or their use, and do not and cannot undertake to review material that you submit through the CentiMark Websites. No Reliance

You agree that you bear responsibility for your own career and hiring decisions, and that CentiMark will not be liable for any decision made or action taken by you or others based upon reliance on any information, materials, or Content provided on the CentiMark Websites. Moreover, CentiMark makes no representations or warranties of any kind that any resumes sent to CentiMark will result in candidates being hired or jobs filled.

 

Passwords and User Names

Any password and user name that you create or that are assigned to you for use on the CentiMark Website are intended for your individual use only. You agree not share or otherwise provide the right to use your password or your user name with any other person. You agree to be responsible for the security of your password and user name, and you will be responsible for all transactions conducted through the CentiMark Websites using your password or user name, even if you were not aware of the transactions. CentiMark may, in our sole discretion, monitor the use of any passwords and user names and may require you to change your password or user name at any time. You agree to immediately notify us of any unauthorized use of your account on the CentiMark Websites.

We reserve the right, in our sole discretion, to disable or terminate your account at any time for any reason, including for any violation of these Terms of Use.

 

Third Party Websites

CentiMark makes no representations or warranties whatsoever about any other website that you may access through the CentiMark Websites. When you access a non-CentiMark website, even one that may contain the CentiMark-logo, please understand that it is independent from CentiMark, and that CentiMark has no control over the content on that website. When you choose to access any such sites, you do so at your own risk. In addition, a link to a non-CentiMark website does not mean that CentiMark endorses or accepts any responsibility for the content of such website or for any loss or damage that may arise from your use of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature and you are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from our CentiMark Websites may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from the CentiMark Websites. You may only use these features when they are provided by us and solely with respect to the content identified.

 

Disclaimer of Warranties

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR CONDITIONS AND, IF REQUIRED BY APPLICABLE LAW, SOME OF THE CONTENTS OF THIS SECTION MAY NOT APPLY TO CERTAIN USERS.YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE CENTIMARK WEBSITES AND ANY PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE CENTIMARK WEBSITES IS AT YOUR OWN RISK. ALL CONTENT AND INFORMATION FOUND OR ATTAINED THROUGH THE CENTIMARK WEBSITES IS PROVIDED BY CENTIMARK ON AN "AS IS" AND “AS AVAILABLE” BASIS ONLY, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

CENTIMARK, ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS, MAKES NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENT OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CENTIMARK WEBSITES OR THE CONTENT, INFORMATION, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON THE CENTIMARK WEBSITES. TO THE FULL EXTENT PERMISSIBLE BY LAW, CENTIMARK, ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. CENTIMARK MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, SECURITY, SUITABILITY, CURRENCY, COMPLETENESS, OR TIMELINESS OF THE CENTIMARK WEBSITES INCLUDING CONTENT, INFORMATION, MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS AND HYPER LINKS.WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE CENTIMARK WEBSITES WILL BE FREE OF VIRUSES OR OTHER SITE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE CENTIMARK WEBSITES AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE CENTIMARK WEBSITES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE CENTIMARK WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

Limitation on Liability

SOME JURISDICTIONS DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO USERS OF THE SITE.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL CENTIMARK, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

 

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless CentiMark and its officers, directors, employees, agents, successors, assigns, and affiliates from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, fees (including reasonable legal fees), actions and demands arising out of or relating to (i) your use of the CentiMark Websites and/or the Content, including but not limited to third-party sites, services, and products other than as expressly authorized in these Terms of Use, and/or (ii) any breach by you of these Terms of Use.

 

Applicable Law and Jurisdiction

You agree that the laws of Ontario, Canada, without regard to principles of conflict of laws and notwithstanding your domicile, residence or physical location, will govern the CentiMark Websites and these Terms of Use and any dispute of any sort that might arise between you and CentiMark regarding these Terms of Use or your use of the CentiMark Websites. Jurisdiction and venue of any and all causes of action or proceeding arising out of or relating to these Terms of Use shall be vested in the court in Ontario, Canada. You irrevocably waive any objections you now have or may hereafter have to the convenience, fairness, or propriety of this venue.

 

Severability

If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, pandemic, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

 

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and CentiMark regarding the CentiMark Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the CentiMark Websites.

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