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Accessing this Website.
Welcome to the Adaptive Engineering USA LLC ("Adaptive') website.  By accessing or using this Website, including any information contained on this website (collectively the "Website"), you expressly and impliedly agree with Adaptive to be bound by the terms and conditions set out in this Legal Notice and Terms of Use as may be amended from time to time at the sole and absolute discretion of Adaptive and as set out in any other guidelines or rules posted by Adaptive on this Website in its sole discretion (collectively the "Terms").

Proprietary and Copyright Information.
Proprietary material, including without limitation, trademarks, service marks, logos, phrases, icons, images, graphics, designs, layouts, slides, downloads and software displayed on, contained within or comprising this Website (the "Proprietary Materials") are the property of Adaptive or of third parties. You are not permitted to use the Proprietary Materials without the prior written consent of Adaptive or the third parties who own the Proprietary Materials.

The contents displayed on, contained within or comprising this Website, including without limitation, respecting Adaptive, services and solutions of Adaptive, personnel information of Adaptive, Proprietary Materials, documents, works of authorship and all information and contents within any work of authorship (collectively the "Contents") are protected by copyright and/or other intellectual property laws. This Website and the Contents may be changed, deleted or discontinued by Adaptive at any time without notice and in the sole and absolute discretion of Adaptive. The display of Proprietary Materials or other Contents on the Website does not grant you any express or implied rights to or respecting the Proprietary Materials, the other Contents or the Website. You hereby agree that you shall not use an information contained in this Website or the links to the Website in any claims, proceedings, suits or actions against Adaptive. You shall not and shall not permit any other individuals or entities to copy, distribute or otherwise make use of the Proprietary Materials, the other Contents or the Website except strictly in accordance with the following:  .

a. you shall be permitted to view the and to print the Contents solely for personal, informational, internal, non-commercial purposes that are in compliance with all other Terms;

b. the Contents may not be modified or altered in any way;.

c. the Contents may not be redistributed, republished or reproduced in any way;

d. you may not remove any copyright, trademark or other proprietary notices contained in or forming part of the Contents;

e. the Contents may not be studied or analyzed in order to create or with the effect of creating representations of the Contents in another form;.

f. you shall be permitted to link to the home page of the Website, unless Adaptive advises you, verbally or in writing and in its sole and absolute discretion, that you must stop linking and remove all links to the home page of the Website and upon receipt of such advice, you agree to immediately comply with such advice;

g. you shall not deep link to the Website or the Contents, without the express written permission of Adaptive which permission may be withheld in its sole and absolute discretion;.

h. the rights granted to you by these Terms constitutes a non-exclusive, terminable at will license and not a transfer of title; and

i. Adaptive reserves the right to terminate this license at any time in its sole and absolute discretion and upon such termination any use pursuant to this license shall be discontinued by you immediately without any liability whatsoever of Adaptive to you or any individuals or entities for such termination.. .

Links.

Links to other websites found on this Website (the "Linked Sites") are meant for convenience only and the Linked Sites (unless otherwise indicated in writing by Adaptive) have been independently developed by individuals or entities other than Adaptive. No endorsement by Adaptive of any third party products or services is expressed or implied by any Contents on this Website or by any information, material or content referred to or included on any Linked Sites. Notwithstanding anything in these Terms, when you access any Linked Sites, you agree that: they are independent from Adaptive (unless otherwise indicated in writing by Adaptive); Adaptive has no control over the content on any Linked Sites (unless otherwise indicated in writing by Adaptive); Adaptive does not grant any license or rights of any nature whatsoever to you respecting Linked Sites; you accept all and any risks associated with accessing or using any Linked Sites and with accessing or using this Website to access or use any Linked Sites; and your use of the Linked Sites may be subject to terms and conditions contained in these Linked Sites, which you should locate and review.. .

Warranties and Disclaimers.

While Adaptive uses reasonable efforts to include accurate and up-to-date information on the Website, your use and browsing of the Website is at your risk. Adaptive, its directors, officers, employees, agents, successors, assigns, affiliated entities and subsidiary entities (collectively the "Adaptive Group") make no representations or warranties respecting this Website or the Contents or any Linked Sites; everything on this Website is provided to you on an “as-is” and “as available” basis without warranties of any kind as to the accuracy, completeness, reliability, or fitness for a particular use, merchantability, durability, title, non-infringement of intellectual property rights respecting any information, products or services contained on this Website or the Contents or any Linked Sites. The Adaptive Group assumes no responsibility for any damages to, or viruses that may infect your computer equipment or other property on account of your access to or use of this Website or the Contents or any Linked Sites. By accessing or using this Website or the Contents or any Linked Sites, you and all individuals or entities directly or indirectly accessing or using this Website or the Contents or any Linked Sites agree that the Adaptive Group shall not be liable for any or all claims or causes of action or damages or losses of any nature whatsoever arising out of or in connection with any access to, use of, results of any use of, or reliance on this Website or the Contents or any Linked Sites (the "Claims"). By accessing or using this Website or the Contents or any Linked Sites, you and all individuals or entities directly or indirectly accessing or using this Website or the Contents or any Linked Sites assume any and all liability respecting Claims; waive all Claims against the Adaptive Group; and agree to and shall release, indemnify and hold the Adaptive Group harmless from all Claims. Nothing in the Website, including product or service information, shall add to or change any contract for products or services that you may have with the Adaptive Group.. .

Waiver.
Adaptive’s failure to insist upon or enforce strict performance of any provision of this Legal Notice or Terms of Use shall not be construed as a waiver of any provision or rights contained in this Legal Notice or Terms of Use.

Indemnification.
You agree to defend, indemnify and hold the Adaptive Group harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of this Legal Notice and Terms of Use, or in connection with your use of the Site or with the placement or transmission of any message or information on the Website by you.

Updates & Revisions.
Adaptive may at any time revise this Legal Notice and Terms of Use by updating this posting. You should therefore review this Legal Notice and Terms of Use each time you access this Website.

Customer Information.
You acknowledge that you have read the Adaptive Privacy Policy and hereby consent to the use of any personal information in accordance with that policy.

Governing Law and Jurisdiction.
You agree: that this Website (excluding Linked Sites unless otherwise indicated in writing by Adaptive) is controlled by Adaptive from its office in Calgary, Alberta; that the Terms shall be governed by the laws of the Province of Alberta and the applicable federal laws of Canada without regard to conflict of laws principles of any jurisdiction; that Alberta is the distinctly most suitable forum for any determination of matters respecting the Terms; to submit to the exclusive personal jurisdiction of the Court of Queen's Bench of Alberta for any determination of matters respecting the Terms; and that a judgment or order of the Court of Queen's Bench of Alberta may be enforced by Adaptive in any other jurisdiction in any manner permitted by law and to at torn to any such jurisdiction in which such judgment or order is sought to be enforced by Adaptive. You agree to comply and are responsible for compliance with all applicable local laws in the jurisdiction from which you access this Website. Notwithstanding anything in these Terms, accessing this Website or using the Contents in jurisdictions where illegal, is prohibited.

     
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