Terms of Use

Terms of Use

Updated July 28, 2024

ATTENTION: YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. BEFORE USING THIS WEBSITE, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT PROVISIONS OF DISCLAIMERS OF WARRANTIES AND REPRESENTATIONS, EXCLUSIONS OF LIABILITY, WAIVERS OF RIGHTS, AND ACCEPTANCE OF RISKS ABOUT ACCESS AND USE OF THIS WEBSITE AND ITS CONTENTS. ACCESSING AND USING THIS WEBSITE OR DOWNLOADING ANY CONTENT FROM THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREEMENT WITHOUT LIMITATION OR QUALIFICATION TO BE BOUND BY THEM AND BY APPLICABLE LAWS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS WEBSITE OR DOWNLOAD ANY CONTENT FROM THIS WEBSITE.

Introduction

Welcome to the Mission Critical Engineers Ltd. (“MCE”) website (missioncriticalengineers.com). By accessing or using our site, you agree to comply with and be bound by the following terms and conditions (“Terms of Use”). If you do not agree to these terms, please do not use our website.

Definitions

• “Website” refers to missioncriticalengineers.com.
• “Content” includes all text, images, audio, video, and other materials on the Website.
• “User” refers to any individual or entity accessing the Website.

Ownership and Monitoring of Website

The Website, located at missioncriticalengineers.com (the “Website”), is owned by Mission Critical Engineers Ltd. (“MCE”). MCE may, but is not obligated to, monitor access to, use of, and other activities relating to the Website. MCE is not responsible for any actions or inactions related to user activities. MCE reserves the right to intervene in such activities but does not make any representation or warranty that it will do so. MCE may delete, modify, or supplement any content from the Website, in whole or in part, at its sole discretion, at any time, without notice.

No Business Relationship Created by Your Use

The use of the Website, including but not limited to publications, blogs, emails, external links, and any content contained herein, does not create a consultant-client, advisory, fiduciary relationship, joint venture, partnership, employment, or agency relationship between you and MCE. The mailing or distribution of our publications is not intended to form, and receipt of the same does not create such a relationship.

No Professional Advice

The Website is for convenience and informational purposes only. It is not intended to be a comprehensive or detailed statement concerning any matters addressed, nor does it constitute professional advice or an offer to sell or buy any product or service. You should seek appropriate, qualified professional advice before acting or omitting to act based upon any information provided on or through the Website. MCE is not responsible for any technical inaccuracies or typographical errors in the content. Changes are regularly made to the Website contents. Your reliance on any information contained on the Website or any use thereof is at your own risk.

Disclaimer of Warranties

The contents on the MCE Website, including but not limited to text, images, audio clips, video clips, and software (collectively, “Content”), are provided for general informational and educational purposes. The Content is provided on an “as is” and “as available” basis without any representations, warranties, or conditions of any kind. MCE assumes no responsibility for any errors or omissions of any kind in the Content and disclaims all warranties, representations, conditions, guarantees, or endorsements, whether express or implied, to the fullest extent permitted by law. This includes, without limitation, implied warranties of merchantability, performance, durability, availability, non-infringement, title, usefulness, completeness, accuracy, adequacy, currency, timeliness, reliability, or fitness for any particular purpose. MCE does not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms. If your use of the Website results in the need for servicing or replacement of equipment or data, MCE is not responsible for such costs.

Liability Exclusion

IN NO EVENT SHALL MCE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR OR OBLIGED TO PAY ANY CLAIMS, LOSSES, COSTS, EXPENSES, OR DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF ANTICIPATED REVENUE, ARISING OUT OF OR IN CONNECTION WITH ANY USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY FAILURE OF SYSTEM, ERROR, INTERRUPTION, COMPUTER VIRUS, MALICIOUS CODE, CORRUPTION, BREACH OF SECURITY, ANY WEBSITES LINKED TO THIS WEBSITE, OR ANY OTHER WEBSITES YOU MAY ACCESS THROUGH THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT, OR ANY OTHER LEGAL THEORY OF LIABILITY AND WHETHER OR NOT MCE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS, LOSSES, COSTS, OR DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS WEBSITE.

Indemnity

You agree at all times to indemnify, defend, and hold harmless MCE, its affiliates, directors, officers, employees, and agents from any losses, damages, costs, and expenses, including reasonable attorneys’ fees, sustained, incurred, or paid by MCE related to or arising out of your use or misuse of the Website or by any user of your account, including but not limited to any violation of these Terms of Use, an act or omission, or your negligence resulting from the use of the internet or the placement or transmission of any information on the Website by you.

Links to Other Websites

The Website may contain links to other Internet websites or resources operated by other persons (collectively “Other Websites”) that are not under the control of and are not maintained by MCE. MCE is not responsible or liable for the content, security, policies, practices, or regulations of those Other Websites. The inclusion of any link does not imply endorsement by MCE. Your use of Other Websites and dealings with their owners or operators is at your own risk. When you click on a link, you are contacting another Website or Internet resource, and MCE’s Privacy Policy no longer applies. Your browsing activities and interactions are subject to the Other Website’s regulations and policies. MCE reserves the right to terminate any links on our Website without notice at any time. You may provide a link (but not a framed link) to this Website from any other Website, but not in a way that creates the impression that MCE is associated with or approves of the other Website. If you choose to link to our Website, you must acknowledge the source with a visible adjacent link to https://missioncriticalengineers.com.

Use of the Website

MCE grants you the right to access and use the Website, provided that such use is not to introduce any information or material that may be harmful to others. You agree not to knowingly or otherwise include any error or defect in information that may constitute libel, slander, or defamation or constitute a criminal offense or civil liability. You warrant that any information or material provided to MCE electronically through your access to or use of this Website does not infringe the rights of any person or entity. You shall not:

• Alter, copy, imitate, reproduce, republish, upload, post, transmit, modify, index, catalog, mirror, or distribute any content or feature of this Website in any way, in whole or in part, constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or which is protected by copyright or other intellectual property rights, without first obtaining written permission from the copyright owner or right holder.
• Otherwise use this Website in a manner that is contrary to law or would interrupt or adversely impact the use of the Website, including, without limitation, posting or transmitting any information or software containing a virus or other harmful components or sending unsolicited emails.

If you breach any of these Terms, your authorization to use this Website automatically terminates. MCE may, at any time and for any reason in its sole discretion, change, suspend, or terminate, temporarily or permanently, access by any person or entity and/or take appropriate measures to investigate any violation and may involve and cooperate with law enforcement authorities in prosecuting any user involved in such violations.

Survival

If this Agreement or your permission to use the Website is terminated by you or MCE for any reason, then:

• This Agreement will continue to apply and be binding upon you in respect of your prior use of the Website.
• MCE may continue to use and disclose your personal information by the Privacy Policy as amended from time to time and subject to compliance with the law. These Terms and Conditions apply while you are accessing the Website and shall survive indefinitely after termination.

Personal Information Privacy

MCE collects, uses, and discloses your personal information by the Privacy Policy and Cookie Policy. By accepting these Terms of Use and each time you use the Website, you consent to MCE’s collection, use, and disclosure of your personal information by the Privacy Policy as it then reads without any further notice or liability to you or any other person.

Copyright and Intellectual Property Notice

The Website and all its content are the intellectual property owned by MCE or for which MCE has obtained permission from the intellectual property owner to use. This includes but is not limited to title, ownership rights, intellectual property rights, copyright, trademarks, service marks, logos, names, text, sound, design, images, links, concepts, and recordings. Unauthorized copying, alteration, reproduction, republishing, uploading, posting, redirection, transmitting, or duplicating of any material is strictly prohibited. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. MCE authorizes you to display, view, download, and print any materials available on the Website solely for personal, non-commercial, informational, and educational purposes provided that the copyright notice appears on all such printouts; the information will not be altered in any manner and will not be redistributed, broadcast or copied to any other media.

The absence of any copyright notice, logo, trademark, or trade name of MCE from this Website does not constitute a waiver of any intellectual property rights of MCE regarding the Content, including without limitation, any such logo, trademark, or trade name.

Copyright 2005-2024 by Mission Critical Engineers. All rights reserved.

Trademarks

The Mission Critical Engineers trademarks, logos, and service marks displayed on this Website (“Trademarks”) are registered and unregistered of MCE in Canada. Other product and company names and logos appearing on the Website may be registered or unregistered tradenames, trademarks, and service marks of their respective owners. Any use of the tradenames, trademarks, service marks, and logos displayed on the Website (collectively “Marks”), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks.

Modifications

MCE reserves the right to modify these Terms of Use at any time, usually yearly. Changes will be notified through the website and effective immediately upon posting on the Website. Your continued use of the Website constitutes your acceptance of the revised terms.

Governing Law

• Jurisdiction: This Website is administered by MCE from its offices in Toronto, Ontario. MCE makes no representation that materials on this Website are appropriate or available for use outside of the Province of Ontario and access to them from territories where their contents are illegal is prohibited. Your use of this Website and the operation of these Terms will be governed by and construed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles or conflicts of laws.

• Dispute Resolution: Any dispute between MCE and you or any other person arising from, connected with, or relating to the Website, this Agreement, or any related matters must be resolved before the Courts of the Province of Ontario sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. Any claim or cause of action you may have arising from, connected with, or relating to your use of the Website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the Province of Ontario within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred.

User Submissions Not Previliaged

• Ownership and Confidentiality: Your submissions, including comments, feedback, and other communications, become the property of MCE and are deemed non-confidential and non-proprietary. MCE has no obligations regarding the confidentiality or proprietary nature of these submissions.

• Usage Rights: MCE, along with its employees, agents, and representatives, can freely use your submissions for any commercial or non-commercial purposes. This includes copying, disclosing, distributing, incorporating, and otherwise utilizing the submissions without any compensation to you.

• Proper Credit: If MCE uses your submission, it may provide proper credit to you, which involves including your name and a link to your website or email address if available. The decision to publish or use any submission is entirely at MCE’s discretion.

• No Confidentiality Obligations: MCE is not required to keep any submissions confidential, and it may edit or redistribute the submissions as it sees fit.

Invalidity Provisions

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

The Terms of Use, which may be revised from time to time by updating this posting, including any documents referenced herein and any other applicable terms and conditions contained on the Website, constitute the entire agreement between MCE and you about your use of the Website and supersedes all previous agreements, written, oral or otherwise, between you and MCE concerning your use of the Website. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages on this Website. MCE’s failure to enforce any provision of the Terms of Use shall not be construed as a waiver of such provision. For clarity, an Offered Service may have additional terms and conditions of the use of such Offered Service, which additional terms may be found on that portion of the Website relating to such Offered Service or which may have been provided to you by other means.

Acceptable Use Policy

You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Website. As the user of the website, you agree to comply with local laws, not use the website for unlawful purposes, and not attempt to bypass security features.

Termination of Use

MCE may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, a breach of these Terms of Use. In the event of termination, you are no longer authorized to access the Website, and the restrictions imposed on you concerning material downloaded from the Website, the disclaimers, and limitations of liabilities outlined in these Terms of Use shall survive.

Force Majeure

MCE will not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbances, and power failures.

User Account and Security

Certain features or services offered on or through the Website may require you to open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for any activity that occurs under your account. You agree to notify MCE immediately of any unauthorized use of your account or password or any other breach of security.

Feedback and Submissions

Any feedback, comments, ideas, or suggestions you provide to MCE regarding the Website or its services will be considered non-confidential and non-proprietary. MCE is free to use such information on an unrestricted basis.

Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms of Use, the parties will attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

International Use

MCE makes no representation that materials on this Website are appropriate or available for use in locations outside Canada. Accessing the Website from territories where its contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

Accessibility

• Accommodations:  MCE makes efforts to ensure the website is accessible to users with disabilities. Contact MCE for assistance if needed.

Other Matters

The provisions of this Agreement will ensure to the benefit of and be binding upon each of MCE and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of MCE which may be withheld in MCE’s sole discretion. MCE may assign these Terms and its rights and obligations under these Terms without your consent.

No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Terms will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

MCE and you are deemed to have agreed that this Terms of Use and all related documents be drafted in English only, translations (if any) are not legally binding.

Contact Information

If you have any questions about these Terms of Use, please contact us at Mission Critical Engineers Ltd.
Email: in**@mi**********************.com
Phone: +1 647 499 5888