- Acceptance of Agreement
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by a User of any such content or any part of the Site, except as allowed by Section 3, is strictly prohibited. The User does not acquire ownership rights to any content or document obtained through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
- Limited Right to Use
The viewing or downloading of any content, form or document grants the User only a limited, non-exclusive licence for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User’s personal use (but not for resale or redistribution).
- Editing, Deleting and Modification
THI reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.
- Registration and Passwords
To access certain portions of the Site, you may be asked to complete an online Membership Agreement. You agree to provide true, current, complete and accurate information as requested on any Membership Agreement to which this website may direct you, and to update that information as soon as possible after any information on such Membership Agreement changes.
Upon completion of the Membership Agreement, you may provide us with (or THI may assign) a password and/or user name. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on the Site under such user name or password. You agree to immediately notify THI of any unauthorized use of your password or user name or any other breach of security.
- Blogs & Submissions
- Code of Conduct
As a condition of your continued access to and use of the Site, you agree to abide by all applicable federal, provincial, territorial and other laws and regulations. In addition, without limiting the foregoing, you agree not to:
- upload, post, e-mail, link or otherwise transmit any material that:
(a) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(b) infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
(c) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
- contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- harvest or otherwise collect or store any information (including personal information) about other users of the Site, including e-mail addresses, without the express consent of such users;
- mislead others by creating a false identity of the sender or the origin of a message, or otherwise;
- impersonate any person or entity, including, but not limited to, an THIemployee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means;
- interfere with or disrupt networks or servers connected to the Site;
- use, download or otherwise copy, or provide to any person or entity any website user directory or other user or usage information or any portion thereof other than in the context of your use of the Site; and
- facilitate or encourage any of the above conduct.
The foregoing is hereinafter collectively referred to as the “Code of Conduct“.
It is THI’s goal to provide increased value to you, THI’s visitors. Therefore, the Site might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from THI and that THI has no control over the content of such websites. Consequently, THI cannot be held liable and makes no warranty or representation of any kind whatsoever as to the quality, accuracy, timeliness and completeness of the information contained on such websites. Inclusion of any linked Web site does not imply approval or endorsement of the linked Web site by us. If you decide to leave THI’s site and access these third party sites, you do so at your own risk.
The links which THI might place on the Site do not imply that THI sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites. Nevertheless, THI welcome any feedback that you may have concerning the external links that THI have placed on the Site.
User agrees to indemnify, defend and hold THI and its partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a User’s violation of this Agreement or use of the Site.
User’s right to use the Site is not transferable. Any password or right given to User to obtain forms is not transferable.
- THE INFORMATION, FORMS AND AGREEMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE FORMS, AGREEMENTS AND DOCUMENTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THI AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR A USER’S USE OF ANY INFORMATION, FORM OR DOCUMENTS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THI AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THI AND USER. THIS SITE AND THE INFORMATION, FORMS, AGREEMENTS AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
(2) All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed.
(4) THI offers no guarantee of the longevity of the Site or that it will be available on an uninterrupted or error-free basis and reserve the right to suspend, alter, amend or terminate it or its content or links at any time, at THI’s sole discretion and without prior notice. THI assume no responsibility for any prejudice resulting from the suspension, alteration, amendment or termination of this website.
(5) Harassment or the use of obscene or abusive language in any manner or form on this website or any of the Sites is strictly forbidden. Impersonation of others, including THI’s employees, hosts, or representatives or other members or visitors of this website is prohibited. You may not post, upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law, or solicit others (on behalf of THI) to join or become members of any online service or other organization.
- Use of Information
14 Third Party Services
THI may operate an interactive transaction service allowing access to third party merchant sites (“Merchants”) from which THI users may purchase certain goods or services. User understands that THI does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. THI is not a party to the transactions entered into between Users and Merchants. User agrees that use of the THI service is AT THE SOLE RISK OF USER AND IS WITHOUT WARRANTIES OF ANY KIND BY THI, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS THI LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN USERS AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THE THI SITE. THI WILL NOT BE LIABLE TO USERS FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE THI SERVICE.
- Third Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to Users while on the Merchants’ sites. THI is not responsible for information provided by Users to Merchants. Merchant and THI are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
This Agreement shall be treated as though it were executed and performed in the City of Toronto, and shall be governed by and construed in accordance with the laws of the Province of Ontario (without regard to conflict of law principles). Any cause of action of User with respect to the Site (and/or information, forms and agreements, thereon) must be instituted within six (6) months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 11. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the City of Toronto, Ontario. User expressly submits to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of THI to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.