Legal Disclaimer

The following terms and conditions apply to all of the information practices of Cole International Inc. and Cole International (USA) Inc. (together referred to below as “Cole”) including their subsidiaries, divisions and related businesses, and to all of their business operations, products and services, including:

• The print and electronic publications published by Cole.
• Conferences and other events produced by Cole.
• E-mail newsletters or marketing material related to Cole products and services.
• The Cole website.
• Cole customer and potential customer relations.

TERMS AND CONDITIONS OF USE

Welcome to the Cole International website. In using our website you agree on behalf of yourself and the entity you represent, to comply with the terms and conditions of use which are set out below (“Terms and Conditions of Use”). Certain areas of this site are restricted to only customers or potential customers of Cole. The use of these areas may be subject to additional terms of use which may be posted elsewhere on this website to govern particular features and applications. If you do not wish to abide by these Terms and Conditions of Use, please leave this site immediately.

Any disputes arising from access to or the use of this site shall be governed exclusively by the laws of the Province of Alberta and the applicable laws of Canada. The user expressly consents to attorn to the exclusive forum, jurisdiction and venue of the courts of Alberta.

Cole may revise or update these Terms and Conditions of Use at anytime without notice. Please periodically review the Terms and Conditions of Use posted on our website. Your continued use of the website will mean you have accepted any of such changes. The Terms and Conditions of Use apply only to your use of the website and do not apply to any other services or products that you may purchase from Cole, its subsidiaries or affiliates or any third party.

Cole may terminate your use of our website if you have used the website in any way that is contrary to law, these Terms and Conditions of Use, or in any way that disrupts the website.

DISCLAIMER AND LIMITATION OF LIABILITY

Cole and all its affiliates, subsidiaries or other related companies have used and will use all reasonable efforts to include accurate and up-to-date information on this website. However, Cole makes no warranties or representations, express or implied, as to the timeliness, accuracy or completeness of the information contained or referenced on this website.

You agree that your use of the website (including downloading any materials from the website) is at your sole risk. Your reliance on any information on the website is on an “as is” and “as available” basis without any warranties of any kind, whether express or implied, as to the timeliness, accuracy or completeness of such information. As laws and regulations are continually changing and can only be interpreted in light of particular factual situations, nothing herein shall to any extent substitute for the independent investigations and business judgment of the reader. To the fullest extent possible pursuant to applicable law, Cole disclaims all warranties, express or implied, related to your access to or use of the website. The entire risk arising out of use, performance or non-performance of the website remains with you.

In no event shall Cole, its subsidiaries and affiliates and their respective directors, officers, employees, contractors, agents or suppliers be liable to you or any third party for any direct, consequential, special, incidental, indirect or punitive loss or damage of any kind rising out of or in connection with the use of or inability to access or use the website, any offered service and/or for any breach of the Terms and Conditions of Use including but not limited to, loss of profits, loss of business or goodwill, loss of use, business interruption, personal injury, death, loss of data or any other pecuniary loss, even if such parties or any one of them have been advised of the possibility of such loss or damage or any claim by any third party. If you are dissatisfied with any portion of the website, any offered services available on or through the website or with any of the Terms and Conditions of Use, your sole and exclusive remedy is to discontinue using the website and the offered services.

Cole shall not be liable for any damages resulting from or caused by any part of the content of this website and, specifically with respect to "ColePac", “Cole Portal” or other shipment tracking, web portal or information services and their use. Cole assumes no liability for any monetary or other damages that may be caused or may be alleged to have arisen by or through any failure of performance, error, omission, interruption, deletion, defect or delay in operation or transmission related thereto.

Links to third-party websites are provided for your convenience only and are completely beyond the control of Cole. We do not express any opinion regarding the content of any third-party website and disclaim any liability for all third-party information and use thereof. Cole accepts no responsibility for the content, accuracy, completeness, legality or function of third party websites.

It is your responsibility to ensure that you have the appropriate hardware, software, and Internet access services to access the website and allow proper use of the website. If you have difficulty using the website please notify your local Cole office. Neither Cole, nor any of its subsidiaries or affiliates, shall be responsible for any of your costs associated with your use and/or access to the website.

INDEMNIFICATION

In consideration of your access to and/or use of the website, you agree to indemnify and hold Cole, its subsidiaries and affiliates and their respective directors, officers, employees, contractors, agents or suppliers harmless from all claims, liabilities, damages, losses, including reasonable legal fees and expenses, incurred by any of the foregoing parties due to or arising out of your access to or use of the website and any breach by you of the Terms and Conditions of Use.

COPYRIGHT, TRADEMARKS, LIMITED LICENSE AND USE

The website and its contents are protected by copyright, trademark and other proprietary rights of Cole, its subsidiaries or affiliates, or third parties. Except as expressly permitted in these Terms and Conditions of Use, no portion of the website or its contents, including trademarks, logos and service marks, may be reproduced in any form, or by any means, without prior written permission from Cole. Nothing herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property, including patent, trademark or copyright of Cole, its subsidiaries or affiliates, or any third party.

Cole grants to you a limited, personal, non-transferable license to use and copy materials published by Cole on the website, solely for non-commercial use within your organization. No other use of the materials is authorized. In consideration of this limited license, you agree that any copy of website materials, which you make, shall retain all copyright, trademark and other proprietary notices in the same form and manner as on the original and you must explicitly acknowledge Cole as the provider of such content and the owner of such copyright or trademark.

PRIVACY

Cole, including its affiliates, subsidiaries, divisions and related businesses, is committed to respecting the personal privacy of individuals who deal with us for business purposes or those that visit our various web sites. We value the privacy of our customers and are committed to protecting their personal information. We will collect your company and personal information submitted through our website, when you call a sales or support associate or through the purchase of our products and services. Cole does not collect sensitive personal data (e.g. data relating to your political or religious beliefs, your health, race, etc.). At times, however, personal information is obtained from other sources, such as government bodies or third parties, as permitted by law. Except with actual or implied consent, or as permitted or required by law, we will not sell or distribute your personal information outside of Cole and its current and future affiliated companies.

Most of our services do not require any form of registration, allowing you to visit our site without telling us who you are. However, some services may require you to provide us with personal data. In these situations, if you choose to withhold any personal data requested by us, it may not be possible for you to gain access to certain parts of the site or to conduct business with us and for us to respond to your query.

All personal information provided to Cole, including its Canadian and USA subsidiaries, divisions and related businesses, by Canadian individuals is protected by Cole pursuant to the requirements of the Personal Information Protection and Electronic Documents Act (Canada).
All personal information provided by other than Canadian individuals, to Cole’s U.S. subsidiaries, divisions and related businesses is protected under the privacy laws of the jurisdiction of such U.S. subsidiary, division or related business.

Any questions concerning Cole’s privacy policy should be addressed to our corporate office toll-free at 1-800-313-4281 or by e-mail at info@coleintl.com.

Please include the following details:

• Your name
• Your address, email address and where you prefer to be reached
• If you prefer, fax number with area code
• The nature of your complaint
• Details relevant to the matter and with whom you have already discussed the issue

If your concern is not resolved to your complete satisfaction, please feel free to contact:

Office of the Privacy Commissioner of Canada
112 Kent Street
Place de Ville
Tower B, 3rd Floor
Ottawa, Ontario
K1A 1H3

“COOKIES” AND LOG FILES

We may collect and process information about your visit to this website, such as the pages you visit, the website you came from and some of the searches you perform. Such information is used by us to help improve the contents of the site, to map usage patterns and to compile aggregate statistics about individuals using our site for internal, market research purposes. In doing this, we may install "cookies" that collect the domain name of the user, your Internet service provider, your operating system, and the date and time of access. Most Web browsers are set up to accept cookies, although you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Note, however, that some portions of our sites may not work properly if you refuse cookies.

We may use IP addresses to analyze trends, administer the site, track user’s movements, and gather broad demographic information for aggregate use. We store log files of these IP addresses for administrative, security and statistical purposes. However, those addresses are not linked to personal data.

SEVERABILITY

If any provision or provisions of the Terms and Conditions of Use shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

APPLICABLE LAWAny use of this website and all legal disputes arising in connection therewith shall exclusively be governed by the laws of the Province of Alberta and applicable Canadian law.

Last modified: 1.04.2014