Site Terms of Use

Policies Hub

Please read the following carefully before accessing or using the Kayden Instruments "Kayden" website ("Site"). Access and use of the Site is conditional upon you being bound by the terms and conditions set forth below without limitation or qualification ("the Agreement"). If you do not wish to be bound by this Agreement, you may not access the Site.

Kayden reserves the right, without notice and for any reason, to alter, update or remove any content on this Site, and the products and services described therein, and to deny access of a user or users to all or part of this Site. Such modifications shall be effective immediately upon posting. You agree to review this Agreement periodically to be aware of such modifications and your continued access shall be deemed your conclusive acceptance of the modified Agreement.

Use of Site

Kayden authorizes you to view and download the materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

This Web Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Information on this Web Site may contain technical inaccuracies, typographical errors or out-of-date information. Information may be changed or updated without notice. Kayden may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. Use of the information contained is therefore at your own risk. Warranties for products purchased from Kayden are provided in separate documents. Mention of non-Kayden products or services is for informational purposes only and constitutes neither an endorsement or a recommendation.

Governing Law

Kayden developed and controls this Site in Canada. Kayden makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal or prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This Agreement will be governed by and construed under the laws of the Province of Alberta in Canada, excluding only its conflict of law provisions. The material provided on this Site is protected by law, including, but not limited to, Canadian Copyright law and international treaties. Kayden is not responsible for any "hacking" or "vandal" damage to the Site or the information contained herein or for any loss or damages as a result of these problems.

Export

With respect to the export and re-export of technology originating in Canada, you agree to abide by the Canadian laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content from the Kayden Site to or deem any countries or foreign nationals in violation of such laws and regulations.

Copyrights, Other Rights

Copyright in these documents published on the Kayden Site is owned by Kayden. Copyright to some individual images and software contained within the portion of the Site may belong to others. Kayden authorizes you to reproduce the documents for non-commercial use by you or within your organization only, provided that the above copyright notice appears on each and all copies and in all forms of derivative works, documentation and other materials related to any use of these documents. You must clearly notify users of any alteration you may make in these documents, such that any altered version is not misunderstood as being an original from Kayden. Kayden specifically retains all rights, including copyright, which it may have in data, files and/or images, text and the media they contain. Commercial publications, copying or redistribution of Kayden documents in any manner for personal or corporate gain is prohibited without prior written permission. None of the material, for commercial purposes, may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any forms or by any means without the prior written permission of Kayden. You also may not "mirror" any information or material contained on this Site or on any other Kayden server. Any unauthorized use of this material contained on this Site may violate copyright laws, trademark laws, and laws of privacy and publicity, and communications regulations and statutes.

Any product, service, program or technology described in any document by Kayden on this Site may be the subject of other intellectual property rights owned by Kayden or others. Any such right that is not expressly licensed hereunder is reserved by Kayden and/or the owner of such right.

Trademarks

The trademarks, logos and service marks (collectively the "Trademarks") displayed on the Kayden Site are registered and unregistered Trademarks of Kayden and others. Kayden, CLASSIC, BASIC, KXT, FXT, SLT, CMP and Helping the World Switch are registered Trademarks of Kayden in Canada and in other countries. Nothing contained in the Kayden Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use the Trademark displayed on the Kayden Site without written permission of Kayden or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the Kayden Site is prohibited.

Links

Kayden has not reviewed all of the sites which are linked to the Kayden Site, and the presence of such links does not indicate any approval or endorsement of any material contained on any linked site. Kayden is not responsible for the contents of any site linked to the Kayden Site; your connection to any such linked site is at your own risk. Kayden makes no representations whatsoever about any other Web site which you may access through this one. When you access a non-Kayden Web site, even one that may contain the Kayden logo, clearly understand that it is independent from Kayden, and that Kayden has no control over the content on that Web site. In addition, a link to a non-Kayden Web site does not mean that Kayden endorses or accepts any responsibility for the content, or the use, of such Web site. 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. In no event will Kayden be liable to any party for any direct, indirect, special or other consequential damages for any use of this Web Site, or on any other hyper linked Web site, including, without limitation, any lost profits, business interruption, lost revenue, lost programs, other data or otherwise, even if we are expressly advised of the possibility of such damages.

Typographic Errors

In the event that a typographical error is made and a product is listed at an incorrect price, Kayden reserves the right to cancel these orders whether or not your card and/or account has been charged or your order confirmed. If your credit card/account has already been charged and your order is cancelled, Kayden shall issue a credit to your card for the full amount of the charge.

Order Cancellation

Kayden reserves the right to cancel your order at any time for any reason whether or not your card or account has been charged or your order confirmed. If your credit card or account has already been charged and your order is cancelled, Kayden shall issue a credit to your card or account for the full amount of the charge.

Limitations

Your use and browsing of the Site is at your own risk. This publication may include inaccuracies or errors. THESE DOCUMENTS, THE INFORMATION CONTAINED THEREIN AND RELATED GRAPHICS ARE PREPARED AND PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS OF ANY KIND. THE ENTIRE RISK ARISING OUT OF THEIR USE REMAINS WITH THE RECIPIENT. IN NO EVENT SHALL KAYDEN BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER OR ANY DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE DOCUMENTS HEREIN OR YOUR ACCESSING, BROWSING IN, LINK USAGE AND USE OF THIS SITE. Kayden also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Kayden will use reasonable efforts to include accurate and up to date information, but makes no warranties or representations as to its accuracy or completeness. Kayden shall not be liable for damages of any kind arising out of your access, or inability to access, this Site or your reliance on the information in this Site. The products and services descriptions included are for the sole purpose of providing a general reference tool concerning the nature and type of products and services available from Kayden. The descriptions are not intended to be relied upon by potential clients. If you are interested in a particular product or service, please contact us.

Terms of Revision

Kayden may at any time revise these "Site Terms of Use" by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine any such revisions and the current Terms of Use to which you are bound.

User Contributions

Except as otherwise noted, the communications and material you send to Kayden by Internet electronic mail or otherwise are on a non-confidential basis. Any information you send to Kayden must be truthful, not violate the rights of others and be legal. Kayden does not want to receive confidential or proprietary information from you through our Web Site. Please note that any information or material sent to Kayden will be deemed NOT to be confidential. By sending Kayden any information or material, you grant Kayden an unrestricted, irrevocable license to use, reproduce, display, perform, modify, translate, incorporate, transmit, distribute and otherwise use those materials or information, and you also agree that Kayden is free to use any ideas, concepts, know-how, techniques, all data, images, sound and text that you send us for any purpose. Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Kayden or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or (c) we are required to do so by law. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Global Availability

Information Kayden publishes on the World Wide Web may contain references or cross references to Kayden products, programs and services that are not announced or available in your country. Such references do not imply Kayden intends to announce such products, programs or services in your country. Consult your local Kayden business contact for information regarding the products, programs and services which may be available to you.

Updated October 24, 2005