LEGAL NOTICE AND DISCLAIMER
Terms of Legal Notice and Disclaimer Binding
Your access and use of www.falkbuilt.com (the “Website”) constitutes your agreement to be governed by the terms and conditions of use set out in this Legal Notice and Disclaimer. If you do not agree with these terms and conditions, immediately cease all use of this Website.
Reference to Falkbuilt
For convenience, references in this Website to “Falkbuilt”, the “Company”, “us”, “we” and similar references, may, where applicable, refer only to or include any relevant direct and indirect subsidiary or affiliated corporations and partnerships of Falkbuilt Ltd. and the assets, activities and initiatives thereof.
Information contained in this Website is for information purposes only and may only be used for your personal, non-commercial use. The Website and the information (including changes to the terms herein) may be changed or updated from time to time without notice and any such changes or updates will be effective immediately. In consideration for using our Website, you agree at all times to indemnify, defend and hold harmless Falkbuilt and its affiliates and subsidiaries, and their respective directors, officers, employees and agents against any claims for damages or costs or any loss of any kind arising directly or indirectly in respect of: (i) any information or other content you provide on or through this Website of which you send to Falkbuilt by email or other correspondence; or (ii) your use or misuse of the content or this Website, including without limitation, intellectual property infringement claims.
MATERIAL CONTAINED IN THIS WEBSITE IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE AN OFFERING OR A SOLICITATION OF AN OFFER FOR THE PURCHASE OR SALE OF ANY SHARES OR OTHER SECURITIES IN ANY JURISDICTION.
Information disclosed under the corporate and securities laws of those Canadian jurisdictions applicable to Falkbuilt is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through or on this Website.
Copyright and Trademarks
All material found in the pages of this Website is protected under the copyright laws of Canada and of other countries.
Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this Website may constitute trade names, trademarks or service marks of Falkbuilt or its affiliates and subsidiaries, or the use of which may have been licensed to them. The display of trademarks, trade names or service marks on pages of this Website does not imply that a license of any kind has been granted to anyone else. By accessing or using this Website, you agree to acknowledge the Company’s rights in this Website and the content.
Any unauthorized downloading, re-transmission, republication or other copying or modification of material posted on this Website, including trademarks, trade names and service marks, may violate federal, common or civil law, trademark law and copyright law, and may result in legal action.
Provided you are in compliance with the terms and conditions set out in this Legal Notice and Disclaimer, Falkbuilt hereby grants a personal, non-exclusive and non-transferable license to you to access, read, download and print the content for the sole purpose of viewing the content. Such license is revocable at the Company’s sole option and no other use of the content is authorized. In consideration of this authorization, you covenant: (i) not to remove any copyright, trademark or other proprietary notices from any downloaded or printed copy of the content; and (ii) that you will explicitly acknowledge Falkbuilt as the provider of the content. Except as specified above, nothing contained herein shall be construed as conferring to you by implication any license or right under or to any intellectual property, including patents, trademarks or copyrighted materials of Falkbuilt or of any third party.
You agree not to use the Website: (i) in any way that violates any applicable federal, provincial, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries); (ii) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (iii) to impersonate or attempt to impersonate the Company, a Company employee, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (iv) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Disclaimer of Warranties
No warranty of any kind, implied, expressed or statutory, including but not limited to warranties as to non-infringement of intellectual property rights or third party rights, title, latent defects, uninterrupted service, merchantability, fitness for a particular purpose and freedom from computer viruses, is given in conjunction with the information, materials and software algorithms.
Exclusion of Liability
In no event will Falkbuilt be liable for any damages, including without limitation, direct or indirect, special, incidental, moral or consequential damages, loss of profits, opportunities or information or for expenses arising in connection with this Website, with any software algorithms available thereon nor with any hyperlinked website or for use thereof or inability to use by interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Company is advised of the possibility of such damages, losses or expenses. Use by you of software algorithms made available herein and hyperlinks to other Internet resources are at your own risk. The content, accuracy, opinions expressed and other links provided by these software algorithms and resources are not investigated, verified, monitored, or endorsed by the Company.
Links to Third Party Websites
Links to other third party internet resources which are provided by the Company herein are not controlled by the Company and the Company does not control any such third party website. Falkbuilt is therefore not responsible for the content of any linked website or any link contained in a linked website. The Company provides such links only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by the Company of the linked website or information contained therein.
Forward Looking Statements
This Website may contain forward-looking statements and forward-looking information within the meaning of applicable securities laws. The use of any of the worlds “expect”, “anticipate”, “continue”, “estimate”, “objective”, “ongoing”, “may”, “will”, “project”, “should”, “believe”, “plans”, “intends”, “potentially” and similar expression are intended to identify forward-looking information or statements.
Although Falkbuilt believes that the expectations and assumptions on which the forward-looking statements are based on are reasonable, undue reliance should not be placed on the forward-looking statements because Falkbuilt cannot give any assurance that they will prove to be correct. Since forward-looking statements address future events and conditions, by their very nature they involve inherent risks and uncertainties. Actual results could differ materially from those currently anticipated due to a number of factors and risks. These include, but are not limited to, the risks associated with the construction industry in general (e.g. the uncertainty of estimates and projections relating to construction and project completion, costs and expenses; failure to obtain necessary regulatory approvals; health, safety and environmental risks; uncertainties resulting from potential delays or changes in plans with respect to development projects or capital expenditures; volatility of commodity prices; and competition from other construction companies) as well as general economic conditions, and the ability to access sufficient capital. We caution the foregoing list of risks and uncertainties is not exhaustive.
In addition, the reader is cautioned that historical results are not necessarily indicative of future performance. The forward-looking statements contained herein are made as of the date hereof and the Company does not intend, and does not assume any obligation, to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise unless expressly required by applicable securities laws.
Communication through This Website
The Internet is not a fully-secure medium and is subject to possible interception, loss, corruption, or alteration of communication, and therefore confidentiality and privacy cannot be ensured. Falkbuilt is not liable for any damages resulting from the transmission of confidential or personal information. Any visitor to this Website providing information to Falkbuiltagrees that Falkbuilt shall have no obligation with respect to such information and shall be free to use, distribute, disclose and reproduce the information to others and shall be free to use any ideas, concepts, know-how or techniques contained in the information for any purpose whatsoever.
Falkbuilt and this Website (excluding linked third party websites or content) are based in Alberta, Canada. The use of this Website is governed by the laws of the Province of Alberta and the federal laws of Canada. Any dispute arising out of the use of this Website or this Legal Notice and Disclaimer shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, and shall be treated in all respects as an Alberta contract without reference to the principles of conflicts of law.
In the event of a dispute, visitors to the Website agree to submit to the exclusive jurisdiction of the courts of Alberta and the federal courts of Canada. If any part of these this Legal Notice and Disclaimer is held to be invalid or unenforceable, the balance of this Legal Notice and Disclaimer shall continue to have full force and effect.
Falkbuilt retains the right to amend this Legal Notice and Disclaimer from time to time.
If you give Falkbuilt the personal information of another individual in connection with your use of our Website or our services, then you are solely responsible for complying with all applicable laws, including obtaining the individual’s valid consent, regarding your collection and disclosure of the personal information to us and to our use, disclosure and retention of the personal information.
We may disclose your personal information in accordance with express or implied consents that you may give during your interactions or transactions with us.
We will not distribute or sell your personal information to any outside company for marketing or solicitation of any product not associated with us. Your personal information will only be used to support your relationship with us and our suppliers and partners.
There are certain limited instances where we may disclose or transfer personal information other than as described above. For example, as we continue to develop our business, we may buy or sell certain business assets. In such transactions, customer information may be one of the transferred business assets. However, we are not in the business of selling customer information to others, and aside from certain exceptional circumstances, we will take appropriate measures to ensure the protection of the information you provide to us.
Protection of Personal Information
Accuracy and Access to Personal Information
You may reasonably request access to your personal information collected by Falkbuilt and information about our use, disclosure and retention of that personal information by submitting a written request to us using the contact information provided under the “Contact Us” tab. You will be given reasonable access to your personal information and you will be entitled to verify the accuracy and completeness of your personal information and to have the information revised as appropriate. Subject to applicable exceptions and limitations prescribed by applicable law, if you request, we will use all reasonable efforts to delete your personal information from our existing records. We may decline to process a request that is unreasonably repetitive, frivolous, vexatious or impracticable, that infringes or jeopardizes the privacy of other persons, or for other reasons permitted by applicable law.
In general, you can access our Website and view its contents without providing any personal information. In some cases, we may collect non-personal information in relation to your visit. For example, we may collect information regarding the Internet browser you used to access our Website, the domain name of any website that linked you to our Website, the pages you visited while accessing our Website, the domain name of the website you go to next, and your Internet Protocol address. When collected, we use non-personal information to determine the overall reaction to various sections of our Website (e.g. the length and frequency of visits to our Website and the variety of searches of our Website’s database), measure the effectiveness and usefulness of various pages of our Website (e.g. how our Website is navigated, how many visitors arrive at specific pages), and to improve the flow and interconnectivity of the Website.
Disclaimers, Liability Exclusions/Limitations and Disputes
Effective: July 2019