These terms of service (“Terms of Service”) govern your use of DustEx Research Ltd., and its subsidiaries’ (“DustEx Research”) including the dustsafetyscience.com website, services and applications (the “Services”).

By using or accessing the Services, you agree to be bound by these Terms of Service, as updated from time to time in accordance with Section 12 below. There may be instances when we offer additional terms specific to a product, application or service. To the extent such additional terms conflict with these Terms of Service, the additional terms associated with the product, application or service, with respect to your use of the product, application or service, will prevail. References to “DustEx Research,” “us,” “we,” and “our” mean DustEx Research Ltd.   

You must be at least eighteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The terms and conditions contained on this page is subject to change at any time.

By using this website, you agree to the following Terms and Conditions and Privacy Policy. Please read them carefully before using this website.

Intellectual Property Notice

All images, text, designs, graphics, trademarks and service marks are owned by and property of DustEx Research or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages), legal fees, and/or an injunction forcing you to stop using our intellectual property immediately.

You may use our intellectual property with clear and obvious credit back to our site that also includes a link back to the page where the materials, designs, images, text, quote or post is located when it is possible to do so.  You may use up to one image and one paragraph of text. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.

Your Communications

Any communications made through our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by Canadian law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails.

For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libellous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

You may from time to time provide DustEx Research with suggestions, ideas or other feedback regarding the Services (“Feedback”). Both parties agree that DustEx Research shall own such Feedback and is entitled, but not obligated, to use, develop and exploit it in any manner, without restriction or duty to compensate or seek permission from you.

Disclaimers

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have a medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.

This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at [email protected].

Affiliates

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms of Service. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Term and Termination

We reserve the right, in our sole discretion, to terminate your access to all or part of the Services, with or without notice.

Upon termination, all rights granted to you in these Terms of Service will immediately cease.

To the extent that you have a subscription that extends beyond termination of these Terms of Service, unless such termination is due to your breach, the subscription shall remain in force for the period set forth in the subscription’s terms or subscription order.   

Any provision of these Terms of Service that expressly or by implication is intended to continue in force after termination or expiration of these Terms of Service will survive.

Corrections

The Services may contain errors or inaccuracies and may not be complete or current. DustEx Research, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

Injunctive Relief

You agree that any breach of your obligations with respect to DustEx Research’s proprietary or intellectual property rights will result in irreparable injury to DustEx Research for which money damages are inadequate, and you therefore agree that DustEx Research shall be entitled to seek injunctive relief, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.

Privacy Policy & Consents

DustEx Research’s Privacy Policy is located here. DustEx Research will process and store profile information that you provide to DustEx Research (name and email) in accordance with this policy. DustEx Research may also send you service announcements, administrative messages and other information in connection with your use of the Services. You may opt out of particular communications.    

Miscellaneous

We make no representation that the Services are appropriate or available for use in your location, and accessing them from locations where their contents are illegal is prohibited. If you choose to access this site from any such locations, you do so on your own initiative and are responsible for compliance with local laws.

These Terms of Service represent the entire agreement between us and supersedes any proposals or prior agreements, oral or written, and any other communication between us relating to the subject matter of these Terms of Service.

We reserve the right, at our discretion, to update or revise these Terms of Service. Please check the Terms of Service periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

Please note that by using the Services, you agree that you are entering into a legally binding agreement (even if you are using the Services on behalf of a company). You acknowledge that you have read these Terms of Service, and agree to be bound by its terms and conditions. The laws of the country set forth below shall apply according to your country of residence, without regard to conflicts of law rules.

If any part of these terms, conditions and privacy policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

The corresponding jurisdiction shall be the forum for adjudication of all disputes arising in connection with this agreement:

CANADA (and all other countries not expressly stated herein)

Applicable Law—Province of Nova Scotia
Agreed Jurisdiction—Halifax, NS

Legal Notice For New Jersey Residents

Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., no seller, lessor, creditor, or lender shall offer to any consumer or prospective consumer any written contract which violates any clearly established legal right of the consumer under state or federal law, or contain a provision by which the consumer waives its rights. For the avoidance of doubt, no provision of these Terms of Service shall apply to any consumer in New Jersey if the provision violates any clearly established legal right of that consumer.