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Winmar®
Website Terms of Use
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Copyright ©
2007 Winmar Franchise Corp. All rights reserved.
Terms of Use
Winmar Franchise
Corp. (“Winmar”) maintains a web site currently located
at www.winmar.ca (the “Site”) which provides articles,
publications, information, data and other materials (the
“Content”). The Site is provided to you subject to your
compliance with these terms and conditions of use
(“Terms and Conditions”). By accessing or using the Site
you agree to be bound by these Terms and Conditions. If
you do not agree to be bound by these Terms and
Conditions, please do not access or use the Site.
Modifications to the Terms and Conditions
Winmar reserves
the right to change these Terms and Conditions at any
time and your continued access to or use of the Site
after such changes indicates your acceptance of these
Terms and Conditions as modified. It is your
responsibility to review these Terms and Conditions
regularly.
Winmar either
owns the intellectual property rights in the underlying
HTML, text, audio clips, video clips and other content
that is made available to you on our website, or has
obtained the permission of the owner of the intellectual
property in such content to use the content on our
website.
Viruses
The downloading
of Content is done at your own risk. Winmar cannot and
does not guarantee or warrant that the Site or the
Content are compatible with your computer systems or
that the Site or the Content will be free of viruses,
worms, trojan horses or disabling devices or other code
that manifests contaminating or destructive properties.
You are responsible for implementing safeguards to
protect the security and integrity of your computer
system and you are responsible for the entire cost of
any service, repairs or connections of and to your
computer system which may be necessary as a result of
your use of the Site.
The site and the
content are provided “as is” without warranty or
condition of any kind. Use of the site or the content is
at your own risk. Winmar does not make any
representations, warranties or conditions about the
quality, accuracy, reliability, completeness, currency,
or timeliness of the site or the content. Winmar does
not assume any responsibility for any errors, omissions
or inaccuracies in the site or the content.
To the fullest
extent permitted by law, Winmar disclaims all
warranties, representations and conditions of any kind
with respect to the site and the content whether
express, implied or collateral, including, without
limitation, the implied warranties and conditions of
merchantability, fitness for a particular purpose and
non-infringement or that the site or the content are or
will be error-free or will operate without interruption.
In no event will Winmar be liable, whether based on
warranty, contract, tort, negligence, strict liability
or any other legal theory, for any damages or any kind
(including, without limitation, direct, indirect,
incidental, consequential, special, exemplary, punitive
damages, lost profits, loss of use, loss of data,
personal injury, fines, fees, penalties or other
liabilities), whether or not Winmar is advised of the
possibility of such damages, resulting from the use of,
or the inability to make use of, the site or the
content.
Communications
Not Confidential
Winmar does not
guarantee the confidentiality of any communications made
by you via e-mail or otherwise through the Site and
cannot guarantee that any such communications are
protected by solicitor-client privilege. If you wish to
provide information of a confidential or sensitive
nature to Winmar, please contact us directly by
telephone.
You agree that
you will not, without our prior written permission, use
the Site and the Content for purposes other than your
own personal non-commercial use and benefit. You may not
frame the Site or the Content or any part thereof on any
commercial or non-commercial internet web site. You
acquire absolutely no rights or licences to the Site or
the Content other than the limited right to use the Site
and the Content in accordance with these Terms and
Conditions. You agree that you will not use the Site for
any purpose that is unlawful. Except as expressly
provided in these Terms and Conditions, any
reproduction, retransmission, distribution, sale,
republication, modification, translation of or creation
of derivative works based on the Site or the Content, in
whole or in part, and any decompilation disassembly,
reverse engineering or other exploitation of the Site,
without prior written permission, is strictly
prohibited.
Ownership
All Content,
designs, graphics, pictures, illustrations, software,
artwork, video, music, sound, names, words, titles,
phrases, logos and marks displayed on the Site or in the
Content are owned by Winmar and are protected by
copyright, trade-mark and other intellectual property
laws and treaty provision laws.
Third Party Sites
The Site may
provide links to third party web sites. Winmar does not
endorse the information contained in those web sites or
guarantee their quality, accuracy, reliability,
completeness, currency, timeliness, non-infringement,
merchantability or fitness for any purpose. The content
in any linked web site is not under Winmar’ control and
if you choose to access any such web site, you do so
entirely at your own risk.
Governing Law
These Terms and
Conditions are governed by the laws of the Province of
Ontario and the applicable laws of Canada and these laws
apply to the use of the Site or the Content by you,
notwithstanding your domicile, residency or physical
location. The Site and the Content are intended for use
only in jurisdictions where it may lawfully be offered
for use.
General Provisions
These Terms and
Conditions, including any documents referenced herein,
constitute the entire agreement between Winmar and you
pertaining to the subject matter hereof and supersedes
all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between
you and Winmar with respect to the Site. A printed
version of these Terms and Conditions and of any notice
given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to
these Terms and Conditions to the same extent and
subject to the same conditions as other business
documents and records originally generated and
maintained in printed form. Winmar’ failure to insist
upon or enforce strict performance of any provision of
these Terms and Conditions shall not be construed as a
waiver of any provisions or right. If any of the
provisions contained in these Terms and Conditions are
determined to be void, invalid or otherwise
unenforceable by a court of competent jurisdiction, such
determination shall not affect the remaining provisions
contained herein.
© 2007 Winmar
Franchise Corp. All rights reserved. No part of the Site
or the Content may be reproduced, modified, distributed,
sold, published, broadcast, retransmitted or circulated
in any form without the prior written consent of Winmar,
except to the extent that such use is for your personal,
non-commercial use (to request such consent, please
contact Tom Brodhurst at
tombrodhurst@winmar.ca, Ph:(519) 451-0000. All
copies must include this copyright notice.
WINMAR and the
WINMAR Design are registered trade-marks of Winmar in
Canada and/or other countries.
More Information
For more
information about the terms and conditions of use, or to
request permission to reproduce or distribute material
on this site, please contact Tom Brodhurst at
tombrodhurst@winmar.ca,
Winmar Franchise Corp.
175 Stronach Crescent
London, Ontario, N5V 3G5
Ph:(519) 451-0000
Fax: (519) 451-4279
Any rights not
expressly granted herein are reserved.
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