Terms of Use.

This website (“Site”) and its contents are owned by Chemical Evolution Ltd. (“Chemical Evolution” or “we”). Your use of this Site constitutes your agreement with Chemical Evolution to be bound by, and to act in accordance with, the following Terms of Use. If you do not agree to these Terms of Use, do not use this Site

Privacy

Please review our Privacy Policy which is incorporated into these Terms of Use and also governs your use of the Site. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

Changes
Chemical Evolution reserves the right to, at any time without notice, make changes to this Site and its contents, and to these Terms of Use. Please visit these Terms of Use from time to time to keep up-to-date. Your use of the Site confirms your continuing agreement to abide by any revised Terms of Use.

Copyright and Trademarks

All material on this Site, including without limitation, the text, images, graphics, video, audio, designs, and the trademarks and trade names displayed on this Site (“Materials”) are owned and/or used under license by Chemical Evolution, and protected by copyright, trademark, competition and other laws of Canada laws and other nations. Unauthorized copying, reproduction, modifying, republishing, uploading, downloading, posting, transmitting, making derivative works of or duplicating all or any parts of the Site is prohibited. Ownership, title and all intellectual property rights in and to all Materials copied or downloaded from this Site remains with Chemical Evolution or the third party licensor. Your use of the trademarks appearing on this Site in any manner other than as authorized in these Terms of Use is strictly prohibited.

Outages

Fluid does not guarantee continuous, uninterrupted, error-free or secure access to this Site, nor do we guarantee or warrant that any Materials are up-to-date, accurate or complete. The operation of this Site may be interfered with by factors outside Fluid’s control. Fluid does not warrant that any servers making this Site available are free from viruses and other harmful elements or that any defects in this Site will be immediately corrected. Fluid reserves the right to monitor the use of this Site and to use or disclose any information necessary to satisfy any legal or regulatory requirements, to protect itself or to operate the Site properly.

Mobile Devices

If you use a mobile device to access pages of the Site, you agree that you are solely responsible for all data charges that apply to use of your mobile device to access the Site. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through WiFi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise.

Disclaimer of Warranties/Limitation of Liability

The Materials on this Site are provided “as is”, and to the fullest extent permitted by law, the Materials are provided without any express or implied warranty of any kind including warranties of merchantability, or fitness for any particular purpose. In no event shall Chemical Evolution, its affiliates, employees, partners or suppliers be liable for any damages whatsoever (including, without limitation, special or consequential damages or damages for loss of profits, business interruption, or loss of information) arising out of the use or inability to use this Site, its contents or the Materials, even if Chemical Evolution has been advised of the possibility of such damages. Chemical Evolution has no duty to update this Site, its contents or the Materials and shall not be liable for any failure to update. You assume the entire responsibility for any and all damages, repairs and/or maintenance costs incurred by you. Your sole and exclusive remedy is to discontinue using this Site.

Indemnity

You agree to indemnify and hold Chemical Evolution and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Site, including any Submissions, (ii) your violation of these Terms of Use, or (iii) your violation of any rights of another user.

User Submissions

Chemical Evolution is eager to receive your comments and answer your questions about our products and our company however, we are not seeking, nor do we accept unsolicited ideas, suggestions or materials relating to the development, design, manufacture or marketing of our products or services (“Unsolicited Ideas”). Although we encourage your feedback, comments and questions, please do not send Unsolicited Ideas to Chemical Evolution.

By posting any material, including Unsolicited Ideas, messages, written editorials, photographs, software or video clips (“Submissions”) to this Site you agree that all such Submissions will be considered non-confidential and non-proprietary and that no Submissions will be returned. You grant to Chemical Evolution a non-exclusive, royalty-free, worldwide, unrestricted and perpetual licence, to publish, display, reproduce, perform, broadcast, retransmit, modify, edit or otherwise use (in whole or in part) the Submissions, with the right to sub-license to third parties the unrestricted right to exercise any of the foregoing rights. The license, shall include the right to exploit any proprietary rights in the Submissions, including but not limited to rights under copyright and trademark. Chemical Evolution has no obligations with respect to, nor does it take responsibility for, the Submissions, and you agree that you will have no recourse against Chemical Evolution for any actual or alleged infringement, passing off or misappropriation of any proprietary rights in the Submissions. Chemical Evolution reserves the right at all times to remove any Submissions that in Chemical Evolution’s sole discretion are objectionable, offensive, unlawful or in violation of these conditions.

You agree not to restrict or inhibit other individuals from using and enjoying this Site and you agree not to post or transmit any unlawful, abusive, libelous, defamatory, threatening or obscene Submissions. You agree not to post or transmit any Submissions which violate or infringe upon the rights of others, including Submissions which are unlawful, an invasion of privacy or publicity rights or which are protected by copyright, trademark or other proprietary rights without first obtaining permission from the original rights holder. You agree not to post or transmit any Submissions which contain viruses or other harmful elements. Any such conduct constitutes a breach of these Terms of Use resulting in the immediate termination of your right to use this Site. Chemical Evolution reserves the right to take all legal and administrative action against you to remedy such breach.

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Chemical Evolution reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and Chemical Evolution reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the and Chemical Evolution reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Chemical Evolution’s sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.

Pricing

All prices listed on this Site are in Canadian dollars and, unless otherwise stated, do not include applicable taxes. All charges will be processed in Canadian dollars, unless stated otherwise. We offer an online payment service that is controlled and operated by a third party (i.e. Shopify Inc.). We do not have control or association with this third party site. If you have any questions or concerns about this third party’s payment service including technical issues, you may contact Shopify at www.shopify.com.

Third Party Websites

Where we have provided links or references to third party websites, these are provided solely as a convenience to you and we make no representations or endorsements that we are affiliated with such websites. Chemical Evolution has no control over such third party websites and we are not liable for any damages or injury arising from your use of such websites. In addition, our Privacy Policy does not apply to any such third party websites.

Communications with Fluid

For all communications made to or with Chemical Evolution, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Chemical Evolution will have no obligation to protect your communications from disclosure; (ii) Chemical Evolution will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Chemical Evolution will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Termination

Your ability to access and use the Site remains in effect until terminated in accordance with these Terms of Use. You agree that Chemical Evolution, in its sole discretion, may terminate your account and your use of the Site and may remove and delete your Submissions if Chemical Evolution believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. Chemical Evolution also may in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice and you acknowledge and agree that Chemical Evolution may bar any further access to the Site. Further, you agree that Chemical Evolution will not be liable to you or any third-party for any termination of access to the Site.

The provisions of the Copyright and Trademarks, User Submissions, Indemnity, and Limitation of Liability sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.

Right to Access

YOU MUST BE AT LEAST AGE 13 TO USE THE SITE. By using the Site, you affirm that you are over age 13. If you are under age 13, you may not access or use the Site.

General Information

These Terms of Use and any action related thereto or related to our Site shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement. You agree that any action at law or in equity arising out of or relating to these Terms of Use or your use of our Site will be filed only in a court located in Calgary, Alberta, Canada, and you hereby irrevocably attorn to the exclusive jurisdiction of such courts for the purpose of any such action. Your use of our Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use our Site or purchase our products in any such circumstances.

If any part of these Terms of Use is determined to be invalid, void, unlawful or unenforceable for any reason, the validity and enforceability of the remaining terms and conditions shall not in any way be affected or impaired.

We will not be considered to have waived any of our rights or remedies described in these Terms of Use unless the waiver is in writing and signed by us. No delay or omission by us in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use.

These Terms of Use set forth the entire agreement between you and Chemical Evolution with respect to use of the Site and supersede any prior agreements between you and Chemical Evolution relating to such subject matter.

We are not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms of Use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of you and Chemical Evolution.

These Terms of Use are not assignable, transferable or sublicensable by you except with Chemical Evolution’s prior written consent.

Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.