updated August 28, 2024
Thank you for visiting Duplex (the “Site”). By visiting this Site and accessing any content or using any of the services, software applications, or products available through the Site, you agree to the following terms and conditions.
This Site is an Internet property of Duplex Technologies Inc. and its affiliated companies (“Duplex”, “we” or “us”). The Privacy Policy (“Privacy Policy”) and any and all other applicable Duplex operating rules, policies, and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collective, the “Agreement”). Please review the complete terms of the Agreement carefully. You may not reproduce, modify, or re-distribute the Duplex content or materials available on this Site in any way, unless otherwise authorized in writing by Duplex. Subject to your full compliance with the terms and conditions of this Agreement, Duplex grants to you a limited right to access and view the content published and made available through the Site.
IF YOU DO NOT AGREE TO THIS AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY PRODUCTS OR SERVICES, OR THIS SITE IN ANY MANNER OR FORM.
Summary
If you are in a hurry, here is a brief overview of the important terms. Please note that this summary does not highlight all of the terms and conditions relating to your use of the Site.
- You are being granted a limited, revocable, non-exclusive right and license to access and use the Site.
- You are not permitted, either directly or indirectly, in whole or in part, to modify, reverse engineer, disassemble, decompile, or creative derivative works of the Site.
- The Site and any content displayed and made available through the Site are being provided to you on an “as is” and “as available” basis without any warranties and guarantees.
- Duplex may display third-party advertisements and promotions through the Site for certain products, goods, software applications, and/or services. Duplex shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of your dealings with such third parties and your use of their applicable products, goods, software applications, and/or services. Read more under Advertising and Links.
- USE OF THE SITE
Duplex is granting you the right to access and view the Site provided that you are of legal age to form a binding contract in the applicable jurisdiction where you reside. When accessing and using the Site, you agree to comply with your own local laws and regulations regarding online conduct and acceptable content, including laws regulating the export of data to and from your country of residence. You agree that you are responsible for your own conduct when accessing and using the Site, and for any consequences thereof. You understand that by visiting and accessing the Site, you may be exposed to content that you may consider to be offensive, objectionable, indecent, or inappropriate. You agree that visiting, accessing, and using the Site is at your own risk. - SITE AVAILABILITY
Duplex uses reasonable endeavours to ensure that the Site is available at all times. However, there will be occasions when the Site will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Duplex. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of Duplex. You agree that Duplex shall not be responsible or liable to you for the deletion or failure to make available any content and other communications maintained or transmitted through the Site, or any modification, suspension, or discontinuance of the Site. You acknowledge that Duplex reserves the right, in its sole discretion, to limit your ability to access and use the Site or any other resources or content made available on the Site. Duplex reserves the right to terminate, suspend, or limit certain features or functionality of the Site in its sole discretion. - PRIVACY POLICY
By visiting and accessing the Site, you acknowledge and agree that Duplex may access, preserve, and disclose any personal information collected by Duplex if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request; (b) enforce the terms and conditions of this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam); and/or (d) protect against imminent harm to the rights, property or safety of Duplex, its Site visitors, or the public as required or permitted by law. More information on Duplex’s Privacy Policy can be reviewed at www.duplex.com/privacy-policy. - COPYRIGHT RESTRICTION
The Site contains copyrighted material, trade secrets and other proprietary and confidential material that is protected by applicable intellectual property and other laws and treaties. Duplex or the applicable third-party licensor(s), retain all patent, trademarks, and copyright to any content published on the Site. Subject to the terms and conditions of this Agreement, Duplex grants to you a limited, non-transferable and non-exclusive right to access and use the Site. You shall not directly, and shall not attempt to allow or assist any third party to, modify, reverse engineer, disassemble or decompile the Site, nor shall you create any derivative works or other works that are based upon or derived from the Site content in whole or in part. Duplex retains sole and exclusive ownership of all right, title and interest in and to the content provided through the Site and all Intellectual Property rights relating thereto including without limitation Duplex’s name, any Duplex logos and graphic files that represents the Site content. You further agree not to remove, obscure, or alter any Duplex or any third-party copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Site. You acknowledge and agree that third parties, may own right, title and interest in and to the content, products, goods and/or services hosted on the Site or otherwise presented to you through the Site, and that such content, products, goods and/or services may be protected by applicable intellectual property and other laws and treaties. Copyright law and international copyright treaty provisions protect all parts of the Site. No program, code, part, image, or text may be copied or used in any way by you except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for Duplex and/or its applicable licensors. - ADVERTISING AND LINKS
Duplex may display third-party advertisements and promotions on the Site for certain products, goods, software applications, and/or services. The manner, mode and extent of advertising by Duplex on the Site are subject to change at any time and in Duplex’s sole discretion. You agree that Duplex shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of your dealings with such third parties or your use or inability to use any content, products, goods, software applications, and/or services provided by such third parties. Duplex may provide, or third parties may provide, links to other Internet sites or resources. Because Duplex has no control over such sites and resources, you acknowledge and agree that Duplex is not responsible for the availability of such external websites or resources or the content or policies that govern the use of those websites. Furthermore, Duplex does not endorse and is not responsible or liable for any content, advertising, products, goods, services, software applications, or other materials on or available from such sites or resources. You further acknowledge and agree that Duplex shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, goods, services, software applications, or other materials available on or through any such site or resource, nor will Duplex accept any responsibility for any forms of malware and/or Malicious Code that may infect your computer systems as a result of your use of any third-party websites, software applications, products and/or services. “Malicious code” as used herein shall mean without limitation, viruses, worms, malware, spyware, adware, time bombs, Trojan horses, drive-by download applications or other harmful or malicious code, files, scripts agents or programs, including code that: (i) is intended to or has the effect of misappropriating, hijacking, commandeering, or disrupting access to or use or operation of any information, device, hardware, system or network; or (ii) materially interferes with or disrupts a user’s web or mobile navigation or intervenes with a user’s control over the operating system, browser settings, browser functionality, or the display of a webpage or any webpage. - DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES EXCEPT AS OTHERWISE SPECIFIED HEREIN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DUPLEX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
DUPLEX DOES NOT WARRANT THAT (I) THE SITE OR ANY PUBLISHED CONTENT, OR ANY PROMOTED GOODS, PRODUCTS, SERVICES, AND/OR SOFTWARE APPLICATIONS WILL MEET YOUR REQUIREMENTS; (II) THE SITE, PRODUCTS, SERVICES, AND/OR SOFTWARE APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, PRODUCTS, SERVICES, AND/OR SOFTWARE APPLICATIONS WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY CONTENT, INFORMATION, OR OTHER RELATED MATERIALS PROVIDED OR OFFERED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SITE, PRODUCTS, SERVICES, SOFTWARE APPLICATIONS, AND/OR PUBLISHED CONTENT WILL BE CORRECTED.
ANY CONTENT AND INFORMATION OBTAINED THROUGH YOUR USE OF THE SITE AND/OR ANY PRODUCTS, GOODS, SOFTWARE APPLICATIONS, AND/OR SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE AND/OR ANY PRODUCTS, GOODS, SOFTWARE APPLICATIONS, AND/OR SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DUPLEX OR THROUGH THE SITE AND/OR ANY PRODUCTS, SOFTWARE APPLICATIONS, AND/OR SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. - LIMITATION OF LIABILITY/INDEMNIFICATION
Information on the Site and/or any products, goods, services, and/or software applications being made available to you through the Site may contain technical inaccuracies or typographical errors. Information and any products, goods, services, software applications, and/or content being made available to you on this Site may be changed or updated at any time without prior notice to you. You will indemnify, hold harmless, and defend Duplex, its employees, directors, officers, and authorized agents against any and all claims, proceedings, demand and costs (including litigation costs and attorneys’ fees) resulting from or in any way connected with (i) your use of the Site, the information, and any content that is made available on the Site; and/or (ii) your breach of any of the terms and conditions of this Agreement. Under no circumstances shall you enter into any indemnification settlement that (1) imposes any legal or financial obligation on Duplex without Duplex’s prior written consent; and (2) does not contain a full release of Duplex from the claim requiring indemnification. IN NO EVENT (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF NEGLIGENCE) WILL DUPLEX, ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AUTHORIZED AGENTS BE LIABLE FOR ANY ACTUAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR PECUNIARY LOSS), IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY SITE CONTENT, OR THE USE OR INABILITY TO USE THIS SITE AND/OR ANY SITE CONTENT, OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER THEORY INCLUDING NEGLIGENCE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. - TERMINATION
Duplex reserves the right to terminate this Agreement or your access to the Site at any time and with or without cause and without notice to you. - GOVERNING LAW
This Agreement and all claims related to it, or the performance by both parties under it, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom, and expressly and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts or any claim on the grounds of inconvenient forum. The failure of Duplex to exercise or enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect Duplex’s ability to enforce each and every such provision thereafter. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST SHIFT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. - NOTICE AND AMENDMENT TO TERMS
Duplex reserves the right to amend the terms and conditions of this Agreement at any time. We shall notify you of any material changes to this Agreement by providing you with notification of such changes which will appear in a prominent location on the Site. Your continued use of the Site following the posting of changes to the Agreement will constitute your acknowledgement and acceptance of any and all changes. - ENTIRE AGREEMENT
This Agreement (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Duplex and govern your use of the Site, superseding any prior agreements between you and Duplex. You also may be subject to additional terms and conditions that may apply when you use any other current or future services made available through the Site. If any provision shall be considered unlawful, void or otherwise unenforceable by a court or other tribunal of competent jurisdiction, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.