This statement is effective as of 03 March 2014.
© Copyright CTOMS™ Inc. 2014. All rights reserved. Reproduction, adaptation, or translation, in part or in whole, without expressed, written permission exclusively by CTOMS™ Inc. is strictly prohibited except as allowed under International copyright laws. All text, graphics, design, content, and other works are the copyrighted works of CTOMS™ Inc.
The absence of a name, logo or mark does not constitute a waiver or any trademark, copyright or intellectual property rights that CTOMS™ Inc. has established in any of its products, features, service names, or logos.
CTOMS™ Inc., including its subsidiaries, if any, reserves all rights with respect to its trademarks, service marks, logos, trade names, trade dress and any other indicia for source of goods or services ("Marks"). Any unauthorized use of any CTOMS™ Inc. owned Mark is strictly prohibited.
This notice does not constitute any form of license to use any CTOMS™ Inc. owned Marks. Rights or a license to use any CTOMS™ Inc. owned Marks may only be granted by a formal written license agreement signed by an authorized officer of CTOMS™ Inc. Apart from such a written agreement, no CTOMS™ Inc. employee is authorized to grant any rights or to provide guidance on the use of a CTOMS™ Inc. owned Marks and any such attempted grant, or related promise, or guidance is invalid and cannot be relied upon.
Terms and Conditions of Use
Welcome to the corporate website of CTOMS™ Inc. (http://ctoms.ca/). Use of this site is governed by the Terms and Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. The information and materials provided by CTOMS™ Inc. may be used for informational purposes only. By using, accessing or downloading materials from this website you agree to follow the terms and provisions as outlined in this legal notice, which apply to all visits to the CTOMS™ Inc. website, both now and in the future.
EFFECTIVE DATE AND AMENDMENTS
We reserve the right to change, modify, add or remove portions of this statement from time to time and in our sole discretion, but will alert you that changes have been made by indicating on the statement the date it was last updated. When you visit the site, you are accepting the current version of this statement as posted on the
site at that time. We recommend that users revisit this statement on occasion to learn of any changes.
You may view, download and copy information and materials available on this website solely for your personal, non-commercial use. You may also use such material within your organization in connection with the support of CTOMS™ Inc.’s products. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright, trademark and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorized. Any violation of the foregoing may result in civil and/or criminal liabilities.
OWNERSHIP OF INFORMATION AND MATERIALS
CTOMS™ Inc.’s websites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, videos, graphics, music and sound, and the entire contents of CTOMS™ Inc.’s websites are copyrighted as a collective work under international copyright laws. CTOMS™ Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of
downloaded material will be permitted without the express permission of CTOMS™ Inc. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
Any rights not expressly granted herein are reserved.
CTOMS™ Inc.’s trademarks may be used only with written permission exclusively from CTOMS™ Inc. All trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of CTOMS™ Inc. or any third party.
User shall use CTOMS™ Inc.’s websites for lawful purposes only. User shall not post or transmit through CTOMS™ Inc.’s websites any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable or illegal, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without CTOMS™ Inc.'s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in CTOMS™ Inc.'s
discretion restricts or inhibits any other User from using or enjoying CTOMS™ Inc.’s websites will not be permitted to continue to use CTOMS™ Inc.’s websites.
User shall not use CTOMS™ Inc.’s websites to advertise or perform any commercial solicitation.
User shall not upload, post or otherwise make available on CTOMS™ Inc.’s websites, any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of CTOMS™ Inc.’s websites, User automatically grants, or warrants that the owner of such material has expressly
granted CTOMS™ Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants CTOMS™ Inc. the right to edit, copy, publish and distribute any material made available on CTOMS™ Inc.’s websites by User.
LINKS TO THIRD PARTY EXTERNAL WEBSITES
As a convenience and to make the CTOMS™ Inc. website truly service oriented we have included links to our social media sites, product and service resource hosting sites, vendors, distributors and dealers on the Internet. In many cases, these sites are owned and operated by third parties. CTOMS™ Inc. makes no representation and is not responsible for the availability of, or content located on or through, these third party sites. A third party link from the CTOMS™ Inc. website is not an indication that CTOMS™ Inc. endorses the third party or its site, or has any affiliation with or between CTOMS™ Inc. and the third party site.
UNSOLICITED IDEA SUBMISSION POLICY
By providing CTOMS™ Inc. with unsolicited ideas, including ideas for new products, current product improvements, new training, training improvements, new advertising campaigns, new promotions, new technologies, processes, materials, marketing plans or new product or service names, it is hereby fully disclosed to you that your ideas will NOT be held as confidential or proprietary. Furthermore, CTOMS™ Inc. reserves the right to use any unsolicited ideas sent to it, as it sees fit, in the conduct of its research, development, operations, marketing and business without providing any compensation or notice to the discloser whatsoever unless prefaced by a confidentiality agreement or other prearranged terms.
The CTOMS™ Inc. team strives to provide you with useful, accurate, and timely information on this website. Accordingly, CTOMS™ Inc. has attempted to provide accurate information and materials on this website but assumes no responsibility for the accuracy and completeness of that information or materials. CTOMS™ Inc. may change the content of any information or materials available at this website, or to the products and services described in them, at any time without notice. However, CTOMS™ Inc. makes no commitment to update the information or materials on this website which, as a result, may be out of date. Information and opinions expressed in blogs, social media websites, bulletin boards or other forums are not necessarily those of CTOMS™ Inc. Neither CTOMS™ Inc., nor its officers, directors, employees, agents, vendors, dealers, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive),
liability, claim, or other injury or cause related to or resulting from any information posted on CTOMS™ Inc.’s website. CTOMS™ Inc. reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this website.
ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND CTOMS™ INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL CTOMS™ INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
TERMINATION OF USE
CTOMS™ Inc. may, in its sole discretion, terminate or suspend your access to all or part of the CTOMS™ Inc. website, including, but not limited to any blogs, social media websites or bulletin boards on or associated with its website, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this
agreement shall survive any such termination.
GOVERNING LAW; JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the PROVINCE of ALBERTA, CANADA exclusive of its choice of law principles. The ALBERTA courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.
If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and CTOMS™ Inc. concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties. If you have questions regarding CTOMS™ Inc.'s Terms and Conditions, please contact us.