Overview
Welcome to the web site operated by Tregaskiss (www.tregaskiss.com) to provide general information about Tregaskiss and its products free of charge to users in Canada.
The Tregaskiss Web Site has been created solely for the purpose of providing information about Tregaskiss and includes information about Tregaskiss products and services, news, press releases, awards, history, and other information.
Acceptance of Terms of Use
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. Tregaskiss owns and operates this Web, located at http://www.tregaskiss.com (the Web site). This Terms of Use Agreement (this Agreement) states the terms and conditions under which you may access and use the Web site. By accessing and using the Web site 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 Web site. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. Tregaskiss may revise this Agreement at any time by updating this posting. Use of the Web site after such changes are posted will signify your agreement to these revised terms. You should visit this page on each visit to review any revised terms to the Agreement made since your prior visit.
Use of Site
In its sole discretion, in addition to any other rights or remedies available to Tregaskiss and without any liability whatsoever, Tregaskiss at any time and without notice may terminate or restrict your access to any component or all components of www.tregaskiss.com. Use of the www.tregaskiss.com website is void where prohibited by law.
Trademarks
Tregaskiss, TOUGH GUN, TGX, TOUGH GARD, TOUGH LOCK, TOUGH GUN I.C.E., and Tregaskiss Design (Arm Icon) are official marks or trademarks of Tregaskiss in Canada and the USA. Additional official trademark registrations include: TOUGH GUN in Australia, Brazil, Chile, Europe, Japan, Mexico and New Zealand; TGX in Mexico; and Tregaskiss in Australia. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the web site may constitute registered or unregistered trademarks of Tregaskiss or third parties. While Tregaskiss may use certain trademarks of third parties under license, the display of third-party trademarks on the Web site should not be taken to imply any relationship or license between Tregaskiss and the owner of said trademark or to imply that Tregaskiss endorses the wares, services or business of the owner of said trademark. Nothing contained on the Web site should be construed as granting you any license or right to use any trademark logo or design of Tregaskiss or any third party, without the written permission of Tregaskiss or the respective owner of any third-party trademark.
Dealings with Distributors and Other Merchants
If you choose to correspond, participate in a promotion or engage in transactions with any distributor or other merchant found on or through this Web Site, you acknowledge and agree that Tregaskiss is not a party to, and will not be responsible for, your interaction with such distributor, including its treatment of your information and the terms and conditions applicable to any transaction between you and the distributor or merchant. The terms of your interaction with any distributor or other merchant are solely between you and such distributor or merchant. You agree that Tregaskiss will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such distributor or merchant on this Web Site.
Information Provided "As Is"
You assume all responsibility and risk for the use of this Web Site. Tregaskiss does not assume any liability for the materials, information and opinions provided on, or available through, the Web Site (the "Site Content"). Any of the Site Content may include technical inaccuracies or typographical errors. Tregaskiss has the right to make changes and updates to the Site Content without prior notice. Neither the Site Content nor any advice or information given by Tregaskiss or its employees shall create any warranty. Reliance on such advice, information or the Site Content is solely at your own risk. Tregaskiss disclaims any liability for injury or damages resulting from the use of thereof.
THE WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY. CONSULT YOUR LOCAL TREGASKISS DISTRIBUTOR FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES THAT MAY BE AVAILABLE TO YOU. TREGASKISS DISTRIBUTORS ARE INDEPENDENT BUSINESSES AND SET THEIR OWN PRICING AND TERMS OF SALE. NEITHER TREGASKISS NOR ANY PERSON ASSOCIATED WITH TREGASKISS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF THE SITE CONTENT OR THE WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER TREGASKISS NOR ANYONE ASSOCIATED WITH TREGASKISS WARRANTS OR REPRESENTS THAT THE WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TREGASKISS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Because some jurisdictions do not allow this exclusion, the above limitations may not apply to you.
Limitation of Liability
Tregaskiss shall not be liable for any damages of any kind whatsoever arising out of your reliance on the information on this Web Site. Tregaskiss assumes no responsibility and shall not be liable for any damages resulting from viruses that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in this Web Site or any other linked web sites on or in the Internet generally or your downloading of any materials, data, text, images, video or audio from this Web Site or any linked web site or the Internet generally.
IN NO EVENT WILL TREGASKISS, ITS LICENSORS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY TREGASKISS AND WHETHER OR NOT TREGASKISS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
External Links
The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy statement of such External Links prior to use of them.
Linking to the Tregaskiss Web Site
Linking to the Web Site from a third party web site is permitted as a courtesy. This permission to link to the Web Site does not, in any way, imply Tregaskiss' endorsement of the linked site. Tregaskiss reserves the right to specifically revoke consent to link to the Web Site if Tregaskiss determines in its sole discretion that the Web Site containing the Tregaskiss link does not meet Tregaskiss aesthetic or other standards.
Governing Law
This Agreement is entered into in Ontario, Canada. You agree that the laws of the Province of Ontario and the laws of Canada will govern it and any disputes arising out of this Agreement will be subject to the courts of the Province of Ontario and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. The United Nations Convention on Contracts for the International Sale of Goods will not govern this Agreement. Les parties acceptent d'un commun accord que la presente entente soit redigee en anglais.
THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, DOES NOT TAKE PLACE OUTSIDE THE JURISDICTION OF THE PROVINCE OF ONTARIO, CANADA.
If any part of these Terms of Use is unenforceable, the enforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.
©2008 Tregaskiss