Terms of Service

Please read carefully these terms and conditions outlined herein.

Welcome to www.dmsmarking.com. By accessing and browsing the website of DIAGENT MARKING SYSTEMS (2004) INC. d/b/a DMS Marking & Coding (“DMS” or “we”), you confirm your acceptance of the following terms and conditions (the “Terms and Conditions”). These terms and conditions of use for the website mentioned above constitute a legal agreement. They are entered into by and between you and DMS and govern your access to and use of, including any content and functionality offered on or through this website.

Please leave immediately if you do not accept being bound by these Terms and Conditions.

We reserve the right to modify the above Terms and Conditions at any time without notice. The date of the last update is written at the bottom of this page. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of this website. You agree to periodically review the terms and conditions in order to be aware of any such modifications, and your continued use shall be your acceptance of these.

As a condition of your access and use of this website, you agree that you may use the website only for lawful purposes and in accordance with these Terms and Conditions.

1. Property notice

This website, and its entire contents, features, and functionality, including, but not limited to, information, data, photographs, images, videos, software, trademarks, logos, designs, and publicity slogans (the “Content”) are the exclusive property of DMS or its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Unless prior written authorization has been given by DMS, all Content included on this website regarding products offered by DMS in Canada is provided for informational and promotional purposes only and may not be used for any other purpose.

You are not authorized to modify, reproduce, reedit, transfer, forward, transmit, publish, distribute or create derivative works of the Content without DMS’s prior written consent. However, you may download, print or reproduce the Content for personal use and/or in other circumstances permitted by law, provided that you keep all copyright notices or other legal notices it may contain. All unauthorized use of the Content will be considered a violation of DMS’s intellectual property rights.

The DMS name and all related names, logos, product and service names, designs, images, and slogans are trademarks of DMS or its affiliates or licensors. You must not use such marks without DMS's prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this website, are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the property owner's rights and may be a violation of federal or other laws and could subject the infringer to legal action.

2. Disclaimer of warranties and limitation of liability

You agree that your use of this website, its contents, and any services or goods attained through it are at your own risk. DMS does not guarantee this website's quality, accuracy, completeness, or Content. To the extent permitted by law, such information is provided on an “as is” basis without any warranty or condition, either express or implied. The Content of this website may include technical inaccuracies or typographical errors. DMS and its affiliates do not guarantee that the Content of this website will be uninterrupted or error-free, and will not be held responsible for any damage resulting from any virus, worm or other destructive or invasive computer program. Neither DMS nor its affiliates make any warranty, representation, or endorsement concerning the completeness, security, reliability, suitability, accuracy, currency, or availability of this website or the Contents.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL DMS NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THIS WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

3. Link to third-party websites

This website may include links to other websites owned by third parties. Please be aware that DMS has no control over the Content of those websites, and we make no representations about any other websites. You do so at your own risk if you choose to access such sites. Therefore, DMS cannot be held responsible for the information contained on such websites, and does not offer any guarantee or make any declaration in this regard.

4. Sale of DMS products

DMS reserves the right to cease production of any products offered on this website or modify any specification related to these products without notice or incurring any liability.

5. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless DMS, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of this website, including, third-party sites, any use of this website’s Content, services, and products other than as expressly authorized in these Terms and Conditions.

6. Applicable laws

The present Terms and Conditions and DMS’s Privacy Policy are governed and interpreted under the laws in force in the Province of Quebec and the federal laws of Canada applicable therein.