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Website - Terms of Use

Please read these Terms of Use carefully before accessing and using this Website. These terms are a binding license agreement that covers your use of this Website ("Agreement"). By accessing and using the Website you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF Toronto Sheet Metal Contractors Association OPERATING THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. Toronto Sheet Metal Contractors Association 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.

  1. Responsible Conduct. You agree to act responsibly at this Website and to treat other visitors with respect.
  2. Indemnity. You agree to indemnify, defend and hold Owner and its affiliates, licensors, content and service providers, participating publishers, authors, dealers, and suppliers harmless from any liability, loss, claim, and expense, including lawyer's fees and expenses, related to a User's violation of this Agreement or use of the Website.
  3. Limited License/Copyright and Intellectual Property Law Restrictions. Except for public domain material, the content on this Website is protected by intellectual property laws, including Canadian copyright laws. You are hereby granted a non-exclusive license to use the material at this Website ("Content") while connected to this Website (including, where available, to email individual stories to friends directly from this Website). You are also granted a limited license to print copies of any Content posted at the Website, but only for your personal use. All other rights are reserved. You must not copy, reproduce, alter, adapt, distribute, or display the material at this Website except as necessary to review the Content while connected to this Website. You may not change or delete author attribution or copyright notices to the Content, and may not commercially use the Content. You may not display this Website in frames (or any of the Content via in-line links) without our express written permission. Please e-mail any such requests to: webmaster@tsmca.org . You may, however, establish ordinary links to our Website without our written permission.
  4. Links from this Website. We may provide links from our Website as a convenience to our visitors. We have no control over linked Websites and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement with the linked Website. If you believe that we have provided a link to a Website that contains improper or illegal content we ask that you notify us so that we may evaluate whether (in our sole discretion) to disable it.
  5. Disclaimer of Warranties. You expressly agree that use of this website is at your sole risk. There is no warranty that your access to or use of this Website will be uninterrupted or error free; or that any particular results may be obtained by use of this Website. This Website is made available on an "as is" basis without warranties of any kind, whether express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, non-infringement or otherwise, other than those which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement. Neither we nor any other person or entity providing content via this Website shall be liable to you for any direct, indirect, incidental, special or consequential damages.
  6. Copyright Infringement Notification Procedure
    To file a copyright infringement notification with Toronto Sheet Metal Contractors Association, you will need to send a written communication that includes substantially the following [please consult your legal counsel or see:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity which you are requesting be removed or access to which be disabled, and information reasonably sufficient to permit Motorola to locate the material. Please provide a URL to the material that is claimed to be infringing as that will allow Motorola to locate the content.
  • Information reasonably sufficient to permit Motorola to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:
Toronto Sheet Metal Contractors Association
30 Wertheim Court, Unit 26
Richmond Hill, Ontario L4B 1B9
Canada
Email: info@tsmca.org
Fax: 905 566-9959
Please also note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

  • LIMITATION OF LIABILITY
    • Subject to applicable law, in no event shall Toronto Sheet Metal Contractors Association, 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 Toronto Sheet Metal Contractors Association knew of or ought to have known of the possibility of such damages.
    • In no event shall Toronto Sheet Metal Contractors Association, 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 even if Toronto Sheet Metal Contractors Association has been advised or ought to have known of the possibility of such damages.
    • In no event shall Toronto Sheet Metal Contractors Association, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any loss or damage arising from the failure of Toronto Sheet Metal Contractors Association or your failure to protect your password or account information. Toronto Sheet Metal Contractors Association expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of the website or any advertiser or sponsor of the Website (collectively, third-party user). Under no circumstances shall Toronto Sheet Metal Contractors Association 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.
    • You hereby release Toronto Sheet Metal Contractors Association and its officers, directors, employees, agents and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through the website or by third parties through the website.
    • You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
    • You understand that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss. We make no warranties of any kind, whether express, implied, or statutory concerning the data or information available through the Internet and any other network.
  • Modifications/Termination. You agree that we may modify the terms of this Agreement (or discontinue this Website) in our sole discretion, without advance notice, and that your right to access this Website is conditioned on an ongoing basis with your compliance with the then-current version of these Terms and Conditions. We reserve the right to add, delete, or modify any or all terms of use at any time with or without notice. You should therefore visit this page frequently.
  • Restricted Transmission. You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
  • Submissions. All feedback data such as remarks, suggestions, questions, comments, ideas, polls, questionnaires, graphics, or other information communicated to Toronto Sheet Metal Contractors Association through this website, excluding any Personal Information, (collectively called the "Submission") will forever be the property of Toronto Sheet Metal Contractors Association. We will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Toronto Sheet Metal Contractors Association operations. Unless explicitly agreed, Toronto Sheet Metal Contractors Association will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Toronto Sheet Metal Contractors Association will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. Such rights shall include, but not be limited to, the freedom to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute the Submission to others without limitation. You acknowledge that you are responsible for whatever material you submit, and you, not Toronto Sheet Metal Contractors Association, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You waive any and all moral rights in the Submission. Further, Toronto Sheet Metal Contractors Association shall be free to use any ideas, concepts, know-how or techniques contained in such Submission for any purpose whatsoever, including but not limited to developing and marketing products incorporating such Submission.
  • The use of data-mining/extraction software or bots by any company that is not explicitly approved by the Website owner or webmaster is strictly forbidden and will be regarded as illegal hacking. You agree that you will not use any robot, spider, bot, other automatic device, or manual process to monitor or copy our web pages or the Content without our prior express written permission.
  • Prohibited Uses. Because all servers have limited capacity and are used by many people, you may not use the Website in any manner that could damage or overburden any server, or any network connected to any server. You may not use the Website in any manner that would interfere with any other party’s use of the Website.
  • Jurisdiction. The terms of use shall be governed in accordance with the laws of the province of Ontario, Canada. excluding its conflict of laws provisions. By choosing to access our Website from any location other than Canada, you accept full responsibility for compliance with all local laws. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.