Terms of Use Agreement

Terms of Use Agreement

Acceptance of Terms of Use. IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. Canadian Consumer Specialty Products Association (“CCSPA”) owns and operates this website (the “Website”). This Terms of Use Agreement (“Agreement”) states the terms and conditions under which you may access and use the Website. By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement.

IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE CCSPA WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.

The CCSPA may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.

No Advice. The information contained on the Website is for informational purposes only and you should not rely upon the information to provide any advice.

Ownership. All materials displayed or otherwise accessible through the Website, including, without limitation, text, photographs, images, illustrations and code (collectively, “the Content”) are protected under Canadian and foreign copyright or other laws, and are owned by the CCSPA, its licensors, or the party accredited as the provider of the Content. In addition, the Website is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Website. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION, OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE CCSPA.

Limited Licence. Notwithstanding the foregoing, and subject to the terms and conditions of this Agreement, you are hereby granted the right to access, view and use the Website for your personal, noncommercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content.

Trade-marks. All names, words, titles, phrases, logos, designs, graphics, icons and trade-marks displayed on the Website may constitute trade-marks of the CCSPA or third parties. While certain trade-marks of third parties may be used by the CCSPA under license, the display of third party trade-marks on the Website should not be taken to imply any relationship, or license between, the CCSPA and the owner of the said trade-mark or to imply that the CCSPA endorses the wares, services or business of the owner of the said trade-mark. Nothing contained on the Website should be construed as granting you any license or right to use any trade-mark, logo or design of the CCSPA, or any third party, without the written permission of the CCSPA or the respective owner of any third-party mark.

DISCLAIMER OF WARRANTIES. THE WEBSITE AND ALL CONTENT IS PROVIDED “AS IS”. BY ACCESSING AND USING THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. THE CCSPA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE AND THE CONTENT INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEBSITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY, (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE, (III) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (IV) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED, (V) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE OR NOT INTERCEPTED.

LIMITATION OF LIABILITY. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE CCSPA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF THE CCSPA KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE CCSPA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (CDN$100.00), EVEN IF THE CCSPA HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE CCSPA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEBSITE, OR ANY SPONSOR OF THE WEBSITE (COLLECTIVELY, “THIRD-PARTY USER”). UNDER NO CIRCUMSTANCES SHALL THE CCSPA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES), OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER, AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEBSITE LINKED TO OR FROM THE WEBSITE. IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEBSITE, OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEBSITE LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

Linking. The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the CCSPA of the contents of such third-party websites. The CCSPA is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website, (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party websites, or (iii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.

Indemnity. You agree to indemnify, defend and hold harmless the CCSPA and its officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement, (ii) your access, use or inability to access or use the Website or any website to which the Website is or may be linked to from time to time, (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the Website, and/or (iv) your violation of any law or regulation.

Security. Please note that information sent or received over the Internet is generally unsecure and the CCSPA cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.

Termination. The CCSPA may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Website, or any portion thereof, including, without limitation, the member area of the Website.

Governing Law and Jurisdiction. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and the courts of the Province of Ontario with respect to such matters.

General. Any consent by the CCSPA to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with the CCSPA that expressly reference this Agreement, this is the entire agreement between you and the CCSPA relating to the matters contained herein.

© 2004, Canadian Consumer Specialty Products Association. All rights reserved.

This document was last modified November 2, 2004.