Terms of Use
15 November 2016

1. PLEASE READ THESE TERMS OF USE CAREFULLY

INSTRUMMENTS PROVIDES YOU ACCESS AND USE OF OUR SITES (AS DEFINED BELOW IN SECTION 2). THIS PERMISSION IS SUBJECT TO YOUR COMPLIANCE WITH THE PRESENT TERMS OF USE (“TERMS OF USE”). BY USING AND/OR ACCESSING THE SITES, YOU SIGNIFY THAT YOU HAVE READ THE TERMS OF USE AND AGREE TO BE BOUND BY AND COMPLY WITH THEM. IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL THE TERMS OF USE, THEN DO NOT ACCESS OR USE THE SITES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE/ACCESS THE SITES: PLEASE PROMPTLY EXIT ALL SITES.

2. SCOPE

THESE TERMS OF USE APPLY TO: (A) YOUR USE OF AND/OR ACCESS TO THE INSTRUMMENTS.COM WEBSITE AND/OR OTHER WEBSITES WHICH ARE OWNED AND/OR OPERATED BY INSTRUMMENTS, INC. (COLLECTIVELY, “INSTRUMMENTS”, “WE”, “US” OR “OUR”); (B) YOUR USE OF AND/OR ACCESS TO THE SMARTPHONE APPLICATIONS (“APP”) WHICH ARE OWNED AND/OR OPERATED BY INSTRUMMENTS, CURRENTLY OR IN THE FURURE; (C) YOUR USE OF AND/OR ACCESS TO THE SOCIAL MEDIA FEEDS WHICH ARE OWNED AND/OR OPERATED BY INSTRUMMENTS, CURRENTLY OR IN THE FUTURE (SUCH AS BEHANCE, FACEBOOK, FLICKR, GOOGLE+, INSTAGRAM, KAKAO, LINE, LINKEDIN, PINTEREST, REREN, SKYPE, SNAPCHAT, TUMBLR, TWITTER, VIBER, VIMEO, WHATSAPP, WECHAT, WEIBO, XING, YOUKU, YOUTUBE, OR ZOOPA, AND ALL OTHERS); (D) YOUR USE OF AND/OR ACCESS TO ANY CONTENT OR INFORMATION AND OTHER ONLINE OR MOBILE-ENABLED TECHNOLOGY, DIGITAL TOOLS AND OTHER SERVICES AND PRODUCTS PROVIDED BY INSTRUMMENTS.

FOR THE PURPOSE OF THESE TERMS OF USE, “A”, “B”, “C” AND “D” OF THIS SECTION 2 ARE COLLECTIVELY REFERRED TO AS THE “SITES”.

Additional policies and terms apply to specific portions of the Sites and to the purchase of certain merchandise.

We are committed to protecting your privacy. For more information, you should review our Privacy Policy, which is incorporated into these Terms of Use.

You may also refer to our Terms of Sale and Return and Warranty Policy.

3. CONSENT

3.1. Acceptance

The present Terms of Use are entered into by and between InstruMMents, Inc., a Canadian company (InstruMMents) and you, and is made effective as of the date of your use of the Sites.

The present Terms of Use sets forth the general terms and conditions of your access and use of the Sites (as defined above in Section 2).

By using and/or accessing the Sites, you acknowledge the applicability of the Terms of Use which you undertake to respect and not to make any illegal use of the Sites or any use which could prejudice in any way whatsoever InstruMMents, its affiliates, members or business partners.

You further agree to be bound by the Terms of Use for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Sites, whether or authorized by you.

3.2. Eligibility/Authority

The Sites are designed for and intended for natural and legal persons who have the legal capacity. If you are a minor in your country or if you do not have the legal capacity, you may use the Sites only with involvement of a parent or legal guardian.

If you are a parent or legal guardian, you must monitor and supervise the use of the Sites by children, minors and others under your care. You expressly agree to be responsible for their use of the Sites.

If you are entering into these Terms of Use on behalf of a juridical person, you represent and warrant that you have the legal authority to bind such juridical entity to these Terms of Use, in which case the terms "you" or "your" shall refer to such entity.

3.3. Amendments

3.3.1. To the Terms and Policies

InstruMMents may, in its sole discretion, for any reason, and at any time, modify, supplement, alter or otherwise edit, these Terms of Use. InstruMMents will notify you of any changes by posting an updated version of the Terms of Use on instrumments.com. The most recent date on which the Terms of Use were updated will be indicated above. InstruMMents recommends that you review the then current Terms of Use each time that you access the Sites as the Terms of Use may have been modified since your last access. By using the Sites following any such modification or revision, you agree to be bound by such modification or revision.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR TO ANY MODIFICATION THEREOF, YOU ARE NOT AUTHORIZED TO USE THE SITES.

3.3.2. To the Sites

InstruMMents reserves the right to modify or discontinue, either temporarily or permanently, the arrangement, the presentation, the coordination, or the Content (as defined below in Section 5.1.2) of the Sites, including any products, goods or services offered on our Sites, with or without notice and without any liability.

The Sites may contain errors and omissions relating to product description, pricing and availability. We reserve the right to correct errors or omissions without prior notice. We also reserve the right to cancel any offered product or service in the event of an error or omission in the description, including price, unavailability or other reason.

3.4. Mobile app providers relations

The mobile app can be downloaded from the following app distribution platform: Apple Mobile App Store, Google Play, Tencent and Baidu. You acknowledge and agree that these Terms of Use are entered into between us, and not with the mobile app provider, and that we are solely responsible for the mobile app.

4. USERNAME AND PASSWORD

Certain areas and features of the Sites are accessible only to users who have been issued a login name and password.

In connection with your use of these features, you will be required to complete a registration form. You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use InstruMMents’ services will be current, complete and accurate. InstruMMents is not under any obligation to verify the actual identity or authority of the user of any login name or password.

For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them.

As a registered user of InstruMMents’ services, you acknowledge and agree that you are solely and entirely responsible for: (i) maintaining the confidentiality of your account and password; and (ii) restricting access to your computer, you further acknowledge and agree to accept responsibility for all activities that occur under your account or password.

You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security.

5. INTELLECTUAL PROPERTY

5.1. Ownership

5.1.1. Acknowledgement

By default, the Sites are made available worldwide in several languages (please refer to Section 14.4 below), without any geographical restrictions.

Accordingly, you acknowledge and agree that InstruMMents owns the following intellectual property rights (collectively, “Intellectual Property Rights”).

5.1.2. Copyright

You acknowledge and agree that: (a) the Sites contain texts, scripts, source and object codes, algorithms, page headers, graphics, icons, images, video, sounds, music, notes, drawings, articles, or such data or information; and (b) the presentation, the arrangement, the coordination, the selection, the arrangement, the structure and the organization of the Sites, as well as the trade dress of the Sites, are original and, as such, are protected by the relevant intellectual property laws and international conventions.

For the purpose of these Terms of Use, “(a)” and “(b)” of this Section 5.1.2 are collectively referred to as the “Content”.

You further acknowledge and agree that: (i) the Content is and shall remain the property of InstruMMents; (ii) the Content is protected by national copyright laws and international conventions.

Unless otherwise stated in these Terms of Use, nothing contained on the Sites or elsewhere should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any part of the Content without the prior written permission of InstruMMents.

5.1.3. Trademarks

You acknowledge and agree that MM™, InstruMMents™, Instrumments.com™, DiMMensions™, 01 Dimensioning Instrument™, This is Measuring Dimensioning™ (collectively, the "Trademarks"), as registered or unregistered trademarks, are the exclusive property of InstruMMents. They are protected under national laws and international conventions related to trademarks and unfair competition.

Unless otherwise stated in these Terms of Use, nothing contained on the Sites or elsewhere should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks.

5.1.4. Designs

You acknowledge and agree that the registered and unregistered designs of the products and devices displayed on the Sites as well as the packaging (collectively, the "Designs") are the exclusive property of InstruMMents.

You further acknowledge and agree that the Designs are protected by domestic design laws and/or copyright laws and international conventions.

Unless otherwise stated in these Terms of Use or permitted by law, nothing contained on the Sites or elsewhere should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Designs.

5.1.5. Patents

You acknowledge and agree that the technological innovations displayed on the Sites are patented (collectively, the "Patents") and, as such, are the exclusive property of InstruMMents.

You further acknowledge and agree that the Patents are protected by domestic patent laws and international conventions.

Unless otherwise stated in these Terms of Use or permitted by law, nothing contained on the Sites or elsewhere should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Patents.

5.2. Limited permission of use

Your use of the Sites does not transfer to you any Intellectual Property Right. The Sites are made available to you for your lawful, personal use only.

Unless otherwise stated in these Terms of Use or permitted by law, the Sites and elements of the Sites cannot be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of InstruMMents.

However, subject to the respect of the Terms of Use, you may view and print elements that are part of the Sites but strictly for private, personal and non-commercial use. You may also share the Content of the Sites on the social network.

5.3. Third parties rights

5.3.1. Software

InstruMMents may use software developed by third parties. Any and all such software is the copyrighted work of and owned by third parties, and may be accompanied by or may otherwise include a license agreement. You may install or use the software only if you first agree to comply with the terms of such license agreement.

5.3.2. Trademarks

Other trademarks and design marks appearing on the Sites, are trademarks of their respective owners.

5.4. Unsolicited submissions

InstruMMents’ teams are actively engaged in developing innovative products and artworks. In order to protect InstruMMents’ ideas that are conceived and/or developed internally, and to avoid possible future misunderstandings with you or any third parties, InstruMMents does not: (i) solicit ideas, suggestions, inventions or improvements and the like; and (ii) agree to receive any confidential or proprietary information.

Nonetheless, if you do send a submission to InstruMMents, you automatically grant or warrant that the owner of the submission grants to InstruMMents and its successors, assigns and licensees a perpetual, royalty free, irrevocable, unrestricted, non-exclusive, world-wide license to use and exploit the said submission for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you, without any liability whatsoever, and free from any obligation of confidence on the part of InstruMMents or its successors, assigns and licensees. To the extent permitted by the applicable law, you agree, represent and warrant that all moral rights in the submission are waived in favor of InstruMMents and its successors, assigns and licensees.

6. HYPERLINKS

6.1. External hyperlinks

The Sites may include hyperlinks to websites, social networks or mobile applications maintained or controlled by third parties.

You acknowledge and agree that InstruMMents: (i) does not have full control on these external websites; (ii) does not routinely screen, approve, review or endorse the contents that may be offered at these websites; (iii) is not responsible of the contents that are not posted by InstruMMents on the websites and social media accounts that are not operated by InstruMMents; (iv) declines any and all liability in relation with such contents.

6.2. Permission to create hyperlinks to the Sites

You are granted a limited, non-exclusive right to create a hypertext link to any page of the Sites, provided such link does not portray or tarnish InstruMMents or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time.

7. RULES OF CONDUCT

You agree and warrant that you do not access or use the Sites for any unlawful purpose, in any way whatsoever.

You acknowledge and agree that a violation of any of the foregoing is grounds for termination of your right to use or access the Sites.

8. EXCLUSION OF LIABILITY

THE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NON INFRINGEMENT.

INSTRUMMENTS DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE SITES, INFORMATION OBTAINED FROM THE SITES, OR LINK TO THE SITES. INSTRUMMENTS DOES NOT WARRANT THAT THE SITES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF INFORMATION OBTAINED FROM OR THROUGH THESE SITES IS AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT INSTRUMMENTS WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR TO YOUR (OR ANY THIRD PARTY) USE OR INABILITY TO USE THE SITES, OR TO YOUR PLACEMENT OF CONTENT ON THE SITES, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITES.

IN PARTICULAR, INSTRUMMENTS WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESSEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OR INABILITY TO USE THE SITES, OR ANY PURCHASES ON INSTRUMMENTS.COM, OR YOUR PLACEMENT OF CONTENT ON THE SITES, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITES, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE REQUIRES SUCH LIABILITY.

9. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE TOTAL LIABILITY OF INSTRUMMENTS, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS, RETAILERS, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED 300 CA$.

ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE SITES ARE EXCLUDED EVEN IF INSTRUMMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. INDEMNITY

As a condition of you accessing or using the Sites, you agree to defend, indemnify and hold harmless InstruMMents, its affiliates, its officers, directors, employees, agents, suppliers, distributors, retailers from and against any and all claims, demands, suits, actions, proceedings, liabilities, damages, judgments, arbitral awards, penalties, fines, costs and expenses (including reasonable legal fees) arising out of, or resulting from or otherwise connected with the Sites, any information, including personal information, you supply to us either on your behalf or on behalf of a third party, your (or anyone acting under your name and account) use of the Sites, or a breach of these Terms of Use.

11. FORCE MAJEURE

IF THE PERFORMANCE OF THESE TERMS OF USE IS BARRED, LIMITED OR DISRUPTED DUE TO A FIRE, AN EXPLOSION, A FAILURE IN THE TRANSMISSION NETWORKS, THE COLLAPSE OF THE FACILITIES, AN EPIDEMIC, AN EARTHQUAKE, A FLOOD, A POWER FAILURE, A WAR, AN EMBARGO, A STATUTE, AN INJUNCTION, A REQUEST OR DEMAND FROM A GOVERNMENT, A STRIKE, A BOYCOTT, A WITHDRAWAL OF AUTHORIZATION FROM THE TELECOMMUNICATIONS OPERATOR, OR ANY OTHER CIRCUMSTANCES BEYOND INSTRUMMENTS’ REASONABLE CONTROL ("FORCE MAJEURE EVENT"), THEN INSTRUMMENTS SHALL BE RELIEVED FROM PERFORMING ITS OBLIGATIONS WITHIN THE LIMITS OF ITS INABILITY TO ACT, AND YOU SHALL BE LIKEWISE RELIEVED FROM PERFORMING YOUR OBLIGATIONS TO THE EXTENT THAT YOUR OBLIGATIONS PERTAIN TO THE PERFORMANCE OF THE OBLIGATIONS THUS BARRED, LIMITED OR DISRUPTED. PARTIES SHALL USE THEIR BEST EFFORTS TO AVOID OR MITIGATE SUCH FAILURE TO PERFORM. PARTIES UNDERTAKE TO ACT PROMPTLY ONCE SUCH FORCE MAJEURE EVENT CEASES TO EXIST OR IS ELIMINATED. TO THE EXTENT POSSIBLE, THE PARTY AFFECTED BY A FORCE MAJEURE EVENT SHALL KEEP THE OTHER PARTY INFORMED BY ANY MEAN.

SHOULD THE EFFECTS OF THIS FORCE MAJEURE LAST MORE THAN THIRTY (30) DAYS, THE TERMS OF USE MAY BE TERMINATED AS A MATTER OF RIGHT, AT THE REQUEST OF ONE OF THE PARTIES, WITHOUT ANY RIGHT TO COMPENSATION FOR EITHER OF THEM.

12. SUSPENSION

InstruMMents reserves the right to interrupt the access to the Sites, as needed, for technical interventions designed to improve its operations, or for maintenance procedures.

13. TERMINATION

InstruMMents reserves the right to limit, suspend or terminate the permission to use the Sites without prior notice nor indemnity if it appears that you use the Sites for any activity which violates the present Terms of Use.

If you wish to discontinue your access to the Sites or delete the account that you have been issued, please refer to our Privacy Policy.

You acknowledge that, at the end of the term, for any reason whatsoever, InstruMMents shall keep all the non-identifiable personal data.

14. GENERAL PROVISIONS

14.1. Severability

If any provision of these Terms of Use are deemed to be invalid, unlawful or for any reason unenforceable, then such provision shall be severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

14.2. Applicable law

The present Terms of Use shall be deemed to have been made in Montréal, Québec, Canada. You acknowledge and agree that the present Terms of Use shall be governed in all respects by the laws of the Province of Québec and the Canadian federal laws applicable therein, without regard to its conflicts of law principles.

14.3. Settlement of disputes

In case of any dispute arising out of the present Terms of Use, the courts of Montreal, Quebec, Canada shall have the exclusive jurisdiction.

14.4. English language

These Terms of Use, along with all policies and the applicable product agreements and incorporated herein by reference, is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only. In the event of any inconsistency or conflict between the English and translated version, the English version will be the only binding version. The English version will prevail.

15. COMMUNICATIONS

The time zone which is used for the exchange of information by e-mail between you and InstruMMents is Montreal. Such information shall be kept by InstruMMents during the entire term of the contractual relationship between you and InstruMMents.

All communications provided under the present Terms of Use shall be deemed to have been validly delivered if they are sent either email at contact@instrumments.com or by registered mail, return receipt requested, to:

InstruMMents, Inc.
218 St. Paul Ouest, #300 Montréal, H2Y 1Z9 Québec, Canada

Although we are always happy to meet our customers, please note that this location is not set up to receive visitors.

Warranty and Return Policy
15 November 2016

THIS WARRANTY AND RETURN POLICY IS INCORPORATED BY REFERENCE TO THE TERMS OF SALE.

1. REPRESENTATION

No individual or entity, other than InstruMMents’ authorized dealers, has been given authority by InstruMMents to make any affirmation, representation or warranty regarding InstruMMents products, other than those contained in this limited warranty, and if made, shall not be enforceable against InstruMMents.

2. RETURN AND REFUND POLICY

This return and refund policy is valid only for customers buying from authorized online stores.
If you have purchased your InstruMMents product online and if at any time within 30 days of receiving your order, you are not satisfied, you may return it to us for a refund. Any items damaged due to reasons not covered under warranty cannot be accepted back for refund under our thirty (30) Days Money Back Guarantee. In this regard, associated shipping fees are not refundable. This guarantee only applies to products ordered on the websites of the following dealers authorized to sell InstruMMents products.

To qualify for a refund, all the following conditions must be met:
1. Returned product(s) must be undamaged and in its original packaging;
2. A Return Merchandise Authorization (RMA) must be requested from InstruMMents Support Team within 30 days of your purchase date and the product must be received by InstruMMents within 10 days after issuance of the RMA, at the address provided by the Support Team;
3. Returned products must be packed in their original packaging including all accessories, manuals, documentation and registration that shipped with the product;
4. The RMA number must be made easily readable on the box;
5. Shipping and handling charges, gift wrap fees, and taxes paid are not refundable;
6. Customers are responsible for shipping charges and shall assume all risk of loss or damage to the product while in transit to InstruMMents. We recommend that you use tracking services for your protection.
Refunds will be processed and paid within two (2) weeks of InstruMMents receipt of product.

3. LIMITED WARRANTY

3.1. What is covered
3.1.1. This Limited Warranty applies to InstruMMents products only.

3.1.2. InstruMMents warrants each new InstruMMents product and operated under normal use to be free of defects in material and workmanship during the period described below, subject to the excluded items contained in Articles 4.5 and 4.6 of this Limited Warranty.

3.2. Duration of the coverage
This Limited Warranty provides customers with coverage for one (1) year from the date the product is first sold.

3.3. Conditions that must be met in order to obtain warranty coverage
Warranty coverage is available only to retail customers that purchase from or through a dealer authorized by InstruMMents to distribute InstruMMents products.

3.4. What InstruMMents will do
InstruMMents’ sole and exclusive obligation under this warranty is limited to, at InstruMMents’ option, repairing or replacing the product or the defective part, reducing the purchase price, or refunding the purchase price.

3.5. What is not covered
This limited warranty does not cover: consumable parts of InstruMMents’ products, including batteries, roller, ink cartridge, pen refills, pencil lead and lead case, stylus tip; normal wear and tear including deterioration/corrosion of hardware, plastic or metal damage or deterioration of surface including discoloration or cracks; water damage; damage caused by alteration, misuse or accident.

3.6. Other exclusions and limitations
3.6.1. Exclusions

3.6.1.1. EXCEPT AS SET FORTH HEREIN OR ON ANY OTHER WRITTEN EXPRESS WARRANTIES PROVIDED BY INSTRUMMENTS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE ARE NO OTHER WARRANTIES EITHER EXPRESS OR IMPLIED PROVIDED BY INSTRUMMENTS ON THIS PRODUCT. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY, ARE EXPRESSLY EXCLUDED. INSTRUMMENTS FURTHER DISCLAIMS ANY LIABILITY FOR ECONOMIC LOSS ARISING FROM CLAIMS OF PRODUCT FAILURE, NEGLIGENCE, DEFECTIVE DESIGN, MANUFACTURING DEFECT, FAILURE TO WARN AND / OR INSTRUCT, AND ANY OTHER THEORY OF LIABILITY NOT EXPRESSLY COVERED UNDER THE TERMS OF THIS LIMITED WARRANTY. TO THE EXTENT REQUIRED BY LAW ANY IMPLIED WARRANTY OF MERCHANTABILITY IS LIMITED FOR THE DURATION OF THE RESPECTIVE EXPRESS LIMITED WARRANTIES STATED HEREIN. TO THE EXTENT ALLOWED BY THE LAW NEITHER INSTRUMMENTS, NOR THE AUTHORIZED DEALER SHALL HAVE ANY RESPONSIBILITY FOR LOSS OF USE OF THE PRODUCT, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS OR CONSEQUENTIAL DAMAGES.

3.6.1.2. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS. THEREFORE, THE ABOVE LIMITATION MAY NOT BE APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT BE APPLICABLE. THIS WARRANTY GIVES THE OWNER SPECIFIC LEGAL RIGHTS, AND THE OWNER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

3.6.1.3. RETAIL CUSTOMERS IN THE EUROPEAN UNION MAY HAVE LEGAL RIGHTS UNDER APPLICABLE NATIONAL LEGISLATION REGARDING THE SALE OF CONSUMER GOODS WHICH ARE NOT AFFECTED BY THIS LIMITED WARRANTY. THE RETAIL CUSTOMER’S LEGAL RIGHTS UNDER ANY APPLICABLE NATIONAL LEGISLATION REGARDING THE SALE OF CONSUMER GOODS SHALL NOT BE AFFECTED.

3.6.2. Limitations
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER INSTRUMMENTS NOR ITS SUPPLIERS AND AUTHORIZED DEALERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER ANY BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF REVENUES AND LOSS OF PROFITS. THE FOREGOING SHALL APPLY EVEN IF INSTRUMMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSTRUMMENTS’ AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE PAID FOR THE DEIVCE THAT CAUSED SUCH DAMAGE. CERTAIN STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

3.7. How to obtain warranty coverage
To qualify for a refund, all the following conditions must be met:
1. BEFORE sending anything to InstruMMents, please contact InstruMMents Support Team;
2. If InstruMMents Support Team determines that your problem qualifies under warranty coverage, you will be issued a Return Merchandise Authorization (RMA) number;
3. The product must be received by InstruMMents within 10 days after issuance of the RMA, at the address provided by the Support Team;
4. Once a RMA number is obtained, your product must be shipped freight prepaid; together with explanation of the problem, proof of purchase and all accessories, either its original packaging or packaging affording an equal degree of protection, to the InstruMMents authorized distribution facility identified by the InstruMMents Support Team;
5. The RMA number must be made easily readable on the box;
6. Shipping and handling charges, gift wrap fees, and taxes paid are not refundable;
7. Customers are responsible for shipping charges and shall assume all risk of loss or damage to the product while in transit to InstruMMents. We recommend that you use tracking services for your protection.
Returns that do not qualify for warranty coverage will be returned to customers.

4. ENGLISH LANGUAGE

This Warranty and Return Policy is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only. In the event of any inconsistency or conflict between the English and translated version, where permitted by law, the English version will be the only binding version. The English version will control and prevail.

PRIVACY POLICY
15 November 2016

1. INSTRUMMENTS’ ETHIC

At InstruMMents we respect the privacy needs of our valued customers.
Our Privacy Policy summarizes what personally identifiable information we may collect, and how we might use this information.
We have designed our Privacy Policy to meet the requirements of Canada Privacy Act 1985, the Personal Information Protection and Electronic Documents Act 2000 (PIPEDA), and the Canada’s Anti-Spam Law 2010 (CASL).
InstruMMents will continue to review the InstruMMents Privacy Policy and privacy-related information made publicly available to make sure it is relevant and remains current with changing technologies and laws and the evolving needs of InstruMMents and its customers.
For a copy of PIPEDA or to contact the Privacy Commissioner of Canada, please visit the Office of the Privacy Commissioner of Canada’s web site at: https://www.priv.gc.ca/en/.

2. SCOPE AND APPLICATION

InstruMMents Privacy Policy applies to:
• your personally identifiable information of customers collected on instrumments.com and/or mobile applications owned and operated by InstruMMents, Inc.;
• the management of such personally identifiable information in any form, whether written, oral or electronic.

3. ACCOUNTABILITY

InstruMMents. is accountable for all personally identifiable information under its control. If you have questions or complaints regarding our Privacy Policy or practices, feel free to contact us at the address provided in Article 12 of this Privacy Policy.

4. WHAT PERSONALLY IDENTIFICABLE INFORMATION DO WE COLLECT?

When ordering or registering on our site, as appropriate, you may be asked to enter personally identifiable information, specifically your name, age, email address, mailing address, billing address, phone number, credit card information or other details to help you with your experience.
When using InstruMMents’ products, you may decide to share or not to share personally identifiable information.
InstruMMents may also collect non-personally identifiable information.
InstruMMents does not market to children under the age of 13 years old. When it comes to the collection of personally identifiable information from children under the age of 13 years old, legal guardians are responsible.

5. WHY DO WE COLLECT YOUR PERSONALLY IDENTIFIABLE INFORMATION?

InstruMMents collect personally identifiable information only:
• to confirm your identity;
• to enable us to administer your InstruMMents account;
• to personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested;
• to respond to your requests for services and your questions;
• to establish and maintain responsible commercial relations with customers and to provide ongoing service;
• to quickly process your transactions;
• to ask for ratings and reviews of services or products;
• to understand customer needs and preferences;
• to improve our servics in order to better serve you;
• to develop, enhance, market or provide products and services;
• to measure and improve the effectiveness of InstruMMents’ services, products and marketing endeavours;
• to recommend particular products and/or services to meet customer needs;
• to carry out any other purpose that is required or permitted by law.

6. LIKE YOU, INSTRUMMENTS HATES SPAM!

The Canada’s Anti-Spam Law 2010 (CASL) is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
InstruMMents collect your email address in order to:
• send information, respond to inquiries, and/or other requests or questions;
• process orders and to send information and updates pertaining to orders;
• send you additional information related to your product and/or service;
• market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
InstruMMents agree to the following:
• not use false or misleading subjects or email addresses;
• identify the message as an advertisement in some reasonable way;
• include the physical address of our business or site headquarters;
• monitor third-party email marketing services for compliance, if one is used;
• honor opt-out/unsubscribe requests quickly; and
• allow you to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can simply follow the instructions at the bottom of each email, and we will promptly remove you from all correspondence.

7. HOW DO WE COLLECT YOUR PERSONALLY IDENTIFICABLE INFORMATION?

InstruMMents collect information from you when you register on our website and/or mobile application, place an order, sign up for our newsletter, respond to a survey or marketing communication, surf the website, fill out a form, open a support ticket or enter information on our site and/or mobile application.
InstruMMents collects aggregated site-visitation statistics using cookies, small text files containing a unique identification number that identifies your browser (if you allow) to our computers (such as IP address). The use of cookies is an industry standard and you will find that most major web sites use cookies and most major browsers are set up to accept them.
This small file of information allows the web site to remember important information that will make your use of the site more enjoyable. Cookies tell us which pages are visited, by how many people, the average time spent, and other useful statistics relating to the use of the site. This helps us to enhance the online experience of visitors to our site.
InstruMMents use the statistics to understand how customers use our site, to make it easier for you and other visitors to use, to monitor the site’s performance and to improve our web site.
InstruMMents use cookies:
• to save your preferences for future visits;
• to help us remember and process the items in your shopping cart;
• to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services;
• to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We never combine information gathered by a cookie with personally identifiable information.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since every browser is a little different, look at your browser’s help menu to learn the correct way to modify your cookies preferences.
You do not need to accept cookies to visit our site. However, should you choose not to accept these cookies, your experience at our site (and other web sites) may be diminished and some features may not work properly.

8. HOW DO WE PROTECT YOUR PERSONALLY IDENTIFIABLE INFORMATION?

InstruMMents uses existing and industry standard security measures to protect personally identifiable information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, regardless of the format in which it is held.
Your personally identifiable information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.
We implement a variety of security measures when user places an order, enters, submits, or accesses their information to maintain the safety of their personally identifiable information.
All sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
All transactions are processed through a gateway provider and are not stored or processed on our servers.

9. DO INSTRUMMENTS DISCLOSE YOUR PERSONALLY IDENTIFIABLE INFORMATION TO THIRD-PARTIES?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice.
This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our customers and users, so long as those parties agree to keep this information confidential. We may also release information when appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
InstruMMents does not include or offer third-party products or services on our website.
InstruMMents has not enabled Google AdSense on our website.

10. HOW CAN YOU ACCESS/MODIFY YOUR PERSONALLY IDENTIFIABLE INFORMATION?

You are able to challenge the accuracy and completeness of your personally identifiable information and request to have it amended as appropriate. InstruMMents undertakes to inform you of the existence, use and disclosure of your personally identifiable information upon request, and will give you access to that information.
InstruMMents provides you with the opportunity to review your personally identifiable information through the website (instrumments.com) and the mobile application in your account settings.
You can obtain information or seek access to your personally identifiable information by contacting us (please refer to Article 12 of this Privacy Policy).
You can refuse or withdraw your consent. You may refuse to provide your personally identifiable information to us. You may also withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. However, in either case, this may limit our ability to serve you.

11. YOUR CONSENT

InstruMMents seeks consent for all personally identifiable information we collect, use and disclose, either prior to collection, or at the time of collection.
If information is voluntarily provided, this is interpreted as consent to the collection, use, and disclosure of personally identifiable information as described in this Privacy Policy.
InstruMMents will not use personally identifiable information for any purpose other than that for which consent has been provided.
If InstruMMents requires the use of personally identifiable information for a new purpose, consent will be sought for that new use.

12. HOW TO CONTACT US?

All communications provided under the present Privacy Policy shall be deemed to have been validly delivered if they are sent either email at privacy@instrumments.com or by registered mail, return receipt requested, to:

InstruMMents, Inc.
218 St. Paul Ouest, #300 Montréal, H2Y 1Z9 Québec, Canada

The time zone which is used for the exchange of information by e-mail between you and InstruMMents is Montreal. Such information shall be kept by InstruMMents during the entire term of the contractual relationship between you and InstruMMents.
Although we are always happy to meet our customers, please note that this location is not set up to receive visitors.

13. ENGLISH LANGUAGE

This Privacy Policy is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only. In the event of any inconsistency or conflict between the English and translated version, where permitted by law, the English version will be the only binding version. The English version will control and prevail.

Terms of Sale
15 November 2016