This version in effect since March 09 , 2019.
PLEASE READ CAREFULLY BEFORE USING THE TT Marketing WEBSITE:
THIS AGREEMENT GOVERNS YOUR USE OF THE TT Marketing WEBSITE. IT EXEMPTS TT Marketing AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. BY USING TT Marketing’S WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO THIS AGREEMENT, YOU MAY NOT USE TT Marketing’S WEBSITE.
- YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent and TreeTrunk Marketing Inc. (“TT Marketing“) regarding your use of TT Marketing’s website (including [https://www.treetrunk.org] and all content, information, products and services available on or through the website (collectively the “Website“). This Agreement also provides benefits to TT Marketing’s affiliates, service providers, suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website.
Age to Use Website
- OTHER TT Marketing AGREEMENTS
This Agreement is in addition to and supplements any written agreements that you or any persons you represent have with TT Marketing (now or in the future) concerning dealings with TT Marketing, including the information and services provided by TT Marketing. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with TT Marketing, the provisions of this Agreement shall govern regarding your access to and use of the Website unless the other agreements expressly state that they take priority over this Agreement.
- PERMISSION TO USE THE WEBSITE
The Website may be accessed and used only by individuals who have accepted and agreed to this Agreement and can form legally binding contracts under applicable law. TT Marketing may in its discretion refuse permission to access and use any or all of the Website. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of them may be illegal or prohibited, or if their permission to use the Website has been previously revoked or terminated by TT Marketing.
The Website is made available to you for your lawful personal use only. You may access and use the Website using commercially available, SSL-capable web browser software. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
- LAWFUL AND RESPONSIBLE USE
You must use the Website and TT Marketing’s services lawfully, responsibly and with respect for others. Without limiting the generality of the foregoing, you will comply with the TT Marketing Website Acceptable Use Policy, which is part of this Agreement and may be found by clicking here. (at end of doc)
- ACCESS CODES
Certain portions of the Website may be accessed and used only by persons who have applied for and received a valid and subsisting username and password (collectively “Codes“) issued by TT Marketing. All Codes remain the property of TT Marketing, and may be cancelled or suspended at any time by TT Marketing in its discretion without any notice or liability to you or any other person. The use of Codes does not restrict access by TT Marketing to Code-protected information, and may not prevent unauthorized access to data or other information you may use in connection with the Website.
TT Marketing is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. TT Marketing may act upon any communication that is given with the use of Codes. TT Marketing may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of them or refuse to accept or act upon any communication if TT Marketing is not satisfied with such proof.
If you have been issued Codes: (a) you and all persons you represent are jointly and severally responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify TT Marketing by email or by telephone (403-452-7490) if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person. Until you give such notice to TT Marketing and TT Marketing actually receives and processes it, you and all persons you represent will continue to be jointly and severally responsible and liable for all authorized or unauthorized use of your Codes.
- ONLINE TRANSACTIONS
Misprints and Errors
Although TT Marketing strives to provide reliable and current information on the Website, misprints or other errors may occur. Accordingly, TT Marketing reserves the right to change the prices, fees and charges regarding the products and services available through the Website at any time and from time to time without any notice or liability to you or any other person. If you order a product or service for which the price was incorrectly displayed on the Website, TT Marketing will provide you with a reasonable opportunity to cancel your order.
- WEBSITE COMMUNICATIONS
All communications you submit through or to the Website or to TT Marketing, must be true, accurate and complete. You authorize TT Marketing to accept communications that it receives from you by means of the Website and respond to your communications by means of Internet communications, email or other communications methods. Communications you send to TT Marketing by means of the Website are not delivered or effective unless and until they are processed by the responsible TT Marketing representative.
- WEBSITE CONTENT AND COMPLAINTS
TT Marketing is not obliged to monitor or police the use of the Website or screen, police, edit or remove postings of materials to the Website, although TT Marketing reserves the right to do so in its discretion and without any notice or liability to you or any other person.
TT Marketing reserves the right to refuse to post or to remove any materials, in whole or in part, that TT Marketing in its discretion considers to be unacceptable, undesirable, or in violation of the TT Marketing Website Acceptable Use Policy.
TT Marketing will respond as it considers appropriate, in its discretion, to all notices and complaints regarding alleged violations of the TT Marketing Website Acceptable Use Policy or other alleged misconduct, including removing any and all offending submissions and postings from the Website without any notice or liability to you or any other person. TT Marketing is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands it may receive regarding any materials submitted or posted to the Website or otherwise used in connection with the Website before TT Marketing takes remedial action regarding the materials.
If you post or submit materials to the Website, you hereby grant to TT Marketing and all other Website users permission to access, view, store, copy, reproduce, distribute, display, perform, and reproduce the materials (in whole or in part) in any of the ways facilitated or provided by the Website, and you represent and warrant to TT Marketing and all Website users that their use of the materials does not and will not violate or infringe the rights (including intellectual property, privacy and personality rights) of any other person or any applicable laws.
Claims or concerns (including copyright or trademark infringement claims) regarding the Website or their content may be made by sending an email to TT Marketing.
- OWNERSHIP OF WEBSITE
The Website (including all content and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) are the property of TT Marketing and others, and are protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or (except as expressly provided in this Agreement) other rights in the Website or their content.
The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of TT Marketing. You may not reproduce, copy, duplicate, sell, or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
- DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
TT Marketing DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE (INCLUDING ALL CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE). YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, MERCHANTABLE QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, QUALITY, RESULTS, SECURITY, SERVICE, TIMELINESS, TITLE, UNINTERRUPTED SERVICE, VIRUSES OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY TT Marketing TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TT Marketing MAKES NO REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT: (A) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION AVAILABLE ON, THROUGH OR CONNECTED WITH THE WEBSITE WILL BE TIMELY, UNINTERRUPTED, SEQUENTIAL, ACCURATE, AUTHENTIC OR COMPLETE; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE ACCESS TO OR USE OF THE WEBSITE; OR (F) THE ACCESS TO AND USE OF THE WEBSITE WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS AND WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON.
YOU ARE SOLELY RESPONSIBLE FOR: (A) OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO ACCESS AND USE THE WEBSITE; (B) SCANNING FOR AND PREVENTING THE RECEIPT AND TRANSMISSION OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; AND (C) MAINTAINING A COMPLETE AND CURRENT BACKUP OF ALL OF THE DATA CONTAINED ON YOUR COMPUTER SYSTEM PRIOR TO ACCESSING OR USING THE WEBSITE.
THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE CONTROL OF TT Marketing, AND MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL:
(A) TT Marketing EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS OPPORTUNITIES, LOSS OF CUSTOMERS, LOSS, CORRUPTION OR LOSS OF USE OF SOFTWARE OR DATA, WASTED MANAGEMENT OR OTHER STAFF TIME, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE (INCLUDING ALL CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE) BY YOU OR ANY OTHER PERSON, AND INCLUDING DUE TO: (I) ANY DELAY OR FAILURE IN PERFORMANCE CAUSED BY CIRCUMSTANCES BEYOND TT Marketing’S REASONABLE CONTROL; (II) ANY LOST SHIPMENT, OR ANY DELAY IN THE DELIVERY OF ANY PRODUCTS OR SERVICES YOU ORDER THROUGH THE WEBSITE; (III) ANY FAILURE OR DELAY BY TT Marketing IN RECEIVING, ACCESSING, ACCEPTING, PROCESSING OR ACTING ON ANY COMMUNICATION SENT TO TT Marketing BY MEANS OF THE WEBSITE, EMAIL OR OTHERWISE; OR (IV) THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE WEBSITE OR ANY PART OF THEM), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY TT Marketing OR ANY PERSON FOR WHOM TT Marketing IS RESPONSIBLE, AND EVEN IF TT Marketing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
(B) TT Marketing’S TOTAL AGGREGATE LIABILITY TO YOU OR ANY OTHER PERSON UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY TT Marketing OR ANY PERSON FOR WHOM TT Marketing IS RESPONSIBLE, AND EVEN IF TT Marketing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE BEING INCURRED, EVER EXCEED $250 (CDN). YOU AND ALL PERSONS YOU REPRESENT HEREBY RELEASE, REMISE AND FOREVER DISCHARGE TT Marketing FROM ANY AND ALL LIABILITY IN EXCESS OF $250 (CDN).
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS TT Marketing FROM AND AGAINST ANY AND ALL CLAIMS AND PROCEEDINGS DIRECTLY OR INDIRECTLY ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITE (INCLUDING DESIGNATED ARTICLES, INFORMATION YOU POST TO THE WEBSITE, AND ALL OTHER CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE) OR ANY NEGLIGENCE, MISCONDUCT, INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT, OR BREACH OF THIS AGREEMENT BY YOU OR ANY PERSON FOR WHOM YOU ARE RESPONSIBLE.
IN THIS SECTION 11: (A) “CLAIMS” MEANS THIRD PARTY CLAIMS, COUNTERCLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, LIABILITIES, OBLIGATIONS, DAMAGES, LEGAL FEES, COSTS, EXPENSES, AND DISBURSEMENTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, OF ANY NATURE OR KIND, WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHETHER IN LAW OR IN EQUITY OR PURSUANT TO CONTRACT OR STATUTE; (B) “PROCEEDINGS” MEANS THIRD PARTY ACTIONS, SUITS, PROCEEDINGS, AND HEARINGS OF ANY NATURE AND KIND IN ANY COURT OF LAW OR EQUITY OR BEFORE ANY ARBITRATOR OR OTHER BODY, BOARD OR TRIBUNAL; (C) “TT Marketing” INCLUDES TT Marketing AND ITS AFFILIATES AND SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE PAST, PRESENT AND FUTURE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SUCCESSORS, ASSIGNS, AND RELATED PERSONS; AND (D) “YOU” MEANS YOU AND ANY PERSONS YOU PURPORT TO REPRESENT.
You acknowledge and agree that this Agreement represents a fair allocation of risk and liability. Advice and information provided by TT Marketing, whether oral or written, will not create any representation, warranty, condition or guarantee or vary or amend this Agreement, and you may not rely on any such advice or information.
The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by the laws in some jurisdictions. . If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
- NO ADVICE
The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any item, product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Website.
- PERSONAL INFORMATION
- TRADEMARK INFORMATION
TreeTrunk Marketing and the TT Marketing logo are trademarks, service marks or trade names owned or licensed by TT Marketing. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks, trade names and logos of their respective owners. Any use of the trademarks, service marks, trade names or logos displayed on the Website (collectively “Marks“), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks.
- OTHER SITES
For your convenience, the Website may include links to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites“). Other Sites are independent from TT Marketing, and TT Marketing has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against TT Marketing arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and TT Marketing, the provisions of this Agreement under the sections headed Disclaimers, Liability Exclusions/Limitations and Indemnity (Section 10) apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services and content.
- NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING
Links to the Website without the express written permission of TT Marketing are strictly prohibited. To request permission to link to the Website, please send an email to TT Marketing. TT Marketing may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any prior notice or liability to you or any other person.
The framing, mirroring, scraping or data-mining of the Website or any of their content in any form and by any method is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
- UNSOLICITED SUBMISSIONS
If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names, (collectively “Submissions“) to TT Marketing or the Website you automatically grant (or warrant that the owner of the Submissions grants) to TT Marketing and its successors and assigns a perpetual, royalty-free, fully-paid, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of TT Marketing or its successors and assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of TT Marketing and its successors, assigns, and licensees.
- CHANGES TO THIS AGREEMENT
TT Marketing may in its discretion change, supplement or amend this Agreement from time to time as it relates to future use of the Website, without any prior notice or liability to you or any other person, by posting the revised Agreement on the Website. You may not change, supplement, or amend this Agreement in any manner. When you use the Website you should check the date of this Agreement and review any revisions since the last version. You should also bookmark this page and periodically review this Agreement to ensure that you are familiar with the most current version.
By using the Website after this Agreement has been revised, you signify your acceptance and agreement, and the acceptance and agreement of all persons you purport to represent, without limitation or qualification, to be bound by the revised Agreement, and you represent and warrant that you have the legal authority to agree to and accept the revised Agreement on behalf of yourself and all persons you purport to represent. If you do not agree with each provision of the revised Agreement, or you are not authorized to agree to and accept the revised Agreement, you may not continue to use the Website.
If you breach any provision of this Agreement, you may no longer use any of the Website. TT Marketing may, at any time and for any reason and in its discretion, change, suspend or terminate, temporarily or permanently, the Website or any part of it, or your permission to use the Website and your Codes, or this Agreement, all without any notice or liability to you or any other person. Any persons you represent may, at any time and in their discretion, terminate your permission to access or use the Website. If this Agreement or your permission to access or use all or any of the Website is terminated by you, or by any persons you represent, or by TT Marketing, then this Agreement and all other then existing agreements between TT Marketing and you or any persons you represent will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Website, and anything connected with, relating to or arising there from. Sections 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties.
- GOVERNING LAW AND DISPUTE RESOLUTION
The Website is controlled by TT Marketing from Calgary, Alberta. This Agreement and all related matters are governed solely by the laws of Alberta, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention On Contracts For The International Sale Of Goods does not apply. Any dispute between you and TT Marketing or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (“Disputes“) must be resolved before the Courts of Alberta sitting in the City of Calgary, Alberta, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Calgary, Alberta, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred.
- OTHER MATTERS
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This Agreement inures to the benefit of and is binding upon each of TT Marketing and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective heirs, executors, administrators, personal representatives, successors, assigns and related persons. You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without TT Marketing’s prior written consent, which consent may be withheld in TT Marketing’s discretion. TT Marketing may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.
No consent or waiver by TT Marketing to or of any breach of this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default; or (b) effective unless in writing and signed by TT Marketing.
Any rights not expressly granted by this Agreement are reserved to TT Marketing.
This Agreement is subject to change by TT Marketing without notice.
In this Agreement: (a) headings are for reference only and do not define, limit or enlarge the scope or meaning of this Agreement or any of its provisions; (b) “persons” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other legal entities; (c) words importing the singular number only include the plural and vice versa; (d) “including” and “includes” mean including or includes (as applicable) without limitation or restriction; (e) whenever the words “discretion”, “option” or any variations thereof are used with respect to person they mean that person’s sole, absolute and unfettered discretion or option. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.
TT Marketing™ WEBSITE ACCEPTABLE USE POLICY
This version in effect since June 26, 2017. Violations of this Policy may be reported by sending an email to TT Marketing.
This Policy applies to TT Marketing’s website (including [http://www.ttmarketing.ca]) (the “Website“).
GENERAL USE RULES
Use of the Website must be lawful, ethical, and respectful of the legal rights and interests of others, and consistent with the security and reliability of the Website and the Internet generally.
Without limiting the above, the following rules apply to the use of the Website, which includes posting materials to the Website:
- Lawful Use: Use of the Website must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise. Access to the Website from locations where the Website may be illegal is prohibited.
- Intended Purpose: The Website may be used only for purposes that are consistent with the spirit and intended purposes of the Website and, in particular, must not be used in: (a) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to users; or (b) use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
- Security and Performance: The Website must not be used with any action, device, software or routine that could directly or indirectly interfere (or attempt to interfere) with the proper working of the Website or impose an unreasonable or disproportionately large load or burden on the system or its infrastructure.
- Other Person’s Rights: Use of the Website must not infringe the legal rights of any other person (including privacy and personality rights, copyright, moral rights, and other intellectual property rights).
- No Data Collection: Use of the Website must not involve any data matching or data mining, including the collection or use of information about other Website users (including their email addresses and other personal information).
USE GUIDELINES – PROHIBITED USES
The following is a non-exhaustive list of prohibited uses of the Website. TT Marketing reserves the right, in its discretion, to determine whether any use of the Website is prohibited or otherwise violates this Policy.
- Uses that may violate the General Use Rules set forth above.
- Uses that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, or otherwise objectionable. (This includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct.)
- Uses that may harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or Marketings, for any reason, or any act of cruelty to animals.
- Uses that may dilute or depreciate the name and reputation of TT Marketing and its affiliates or associates.
- Uses that interfere with other persons’ use and enjoyment of the Website or of the Internet generally.
- Uses that may disrupt, compromise or degrade the integrity, efficiency, performance or security of the Website or that may otherwise result in: (a) the circumvention or breach of any user authentication, password, security or control measures regarding the Website or any other Internet resource or computer system; or (b) unauthorized access to other persons’ TT Marketing accounts and materials (including materials posted to the Website) or interference with their use and enjoyment of the Website.
- Uses that conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including any TT Marketing representative.
- Uses that contain or disclose images or personal information of any person (such as names, telephone numbers, email addresses, postal addresses, social insurance or social security numbers) without that person’s informed consent.
MONITORING AND COMPLAINTS
TT Marketing takes no responsibility and assumes no liability for any materials posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, TT Marketing is only a forum and is not liable for any statements, representations, or materials provided by its users in the Website.
TT Marketing is not obliged to monitor, screen, police or edit the use of the Website, including postings of materials to the Website, although TT Marketing reserves the right to do so in its discretion.
TT Marketing will respond as it considers appropriate, in its discretion, if TT Marketing becomes aware of any inappropriate uses of the Website, including uses that constitute copyright infringement. You may report violations of this Policy by sending an email to TT Marketing.
COMPLIANCE, CONSEQUENCES, AND LAW ENFORCEMENT DISCLOSURE
TT Marketing may in its discretion determine whether this Policy has been violated.
Policy violations constitute a breach of the TT Marketing Website Use Agreement, and may, in TT Marketing’s discretion, result in: (a) termination or suspension of permission to use the Website or portions of the Website; (b) restricted access to materials posted to the Website; (c) removal and permanent deletion and destruction of materials posted to the Website; and (d) other consequences; all without any notice or any liability to you or any person.
Website users who violate this Policy may incur criminal or civil liability.
TT Marketing’s failure to enforce this Policy, for whatever reason, shall not be construed as a waiver of any preceding or subsequent violation of this Policy.
This Policy is subject to change by TT Marketing without notice.