Terms of Service

Agreement to Terms

By accessing or using the website div10.ca (the "Website") operated by Division Ten Specialties Ltd. ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Website.

Use of Website

Permitted Use

You may use our Website for lawful purposes only. You agree not to:

• Use the Website in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to it
• Use any automated means to access the Website or collect information from it
• Interfere with or disrupt the Website or servers or networks connected to it
• Transmit any viruses, malware, or other malicious code
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

Account Registration

Certain features of our Website, such as the Pro Resources portal, may require you to register for an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Products and Services

Product Information

We strive to provide accurate product information on our Website. However, we do not warrant that product descriptions, specifications, pricing, or other content is accurate, complete, reliable, current, or error-free. Product images are for illustration purposes only and may not exactly represent the actual product.

Quotes and Pricing

All quotes provided through our Website or by our sales team are estimates only and are subject to change based on final specifications, quantities, and current material costs. Quotes are valid for the period specified in the quote document. Final pricing will be confirmed in writing before any order is processed.

Orders and Contracts

Submitting an inquiry or quote request through our Website does not constitute a binding contract. All orders are subject to acceptance by Division Ten Specialties Ltd. and are governed by our standard terms and conditions of sale, which will be provided with any formal quotation or order confirmation.

Intellectual Property

Our Content

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by Division Ten Specialties Ltd., its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Website for your personal or internal business purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.

Trademarks

The Division Ten Specialties Ltd. name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Division Ten Specialties Ltd. or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DIVISION TEN SPECIALTIES LTD. NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DIVISION TEN SPECIALTIES LTD., ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.

Indemnification

You agree to defend, indemnify, and hold harmless Division Ten Specialties Ltd., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.

Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by Division Ten Specialties Ltd. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with use of any such content, goods, or services.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in New Brunswick, Canada.

Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by updating the "Last updated" date at the top of this page. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, that provision shall be severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and Division Ten Specialties Ltd. concerning your use of the Website.

Contact Us

If you have any questions about these Terms, please contact us at:

Division Ten Specialties Ltd.
400 Main St, Suite #2080
Saint John, NB E2K 1J4
Email: info@div10.ca
Phone: +1 (506) 382-2412