Legal Disclaimer for the Tregaskiss Website


Welcome to the website of Tregaskiss (the “Company”). This website (the “Company Web Site” or the “Web Site” or Tregaskiss.com) provides general information about the Company and its products and services free of charge to users in Canada and the United States. Where appropriate, the term the “Company” refers both to the Company and its affiliates.

All users of the Company Web Site are subject to the following terms and conditions of use (these “Terms of Use”).

Please read these Terms of Use carefully before accessing or using any part of this Web Site. By accessing or using this Web Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Company Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site.

The Company may revise and update these Terms of Use at any time without notice by posting the amended terms to this Web Site. Your continued use of the Company Web Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site. 

COPYRIGHT RESTRICTIONS / USE OF CONTENT

The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to the Company or its affiliates or licensors and are protected by Canada and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Company Web Site for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of the Company. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of the Company, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your Web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Company Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with the Company or the applicable owner of such content. Except as expressly authorized by the Company in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site or (c) use of this Web Site or of any services or materials available through this Web Site. 

ACCESS AND INTERFERENCE

You agree that you will not (a) use any robot, spider or other automatic device, process or means to access the Web Site, (b) use any manual process to monitor or copy any of the material on this site or for any other unauthorized purpose without the prior written consent of the Company, (c) use any device, software or routine that interferes with the proper working of the Web Site, (d) attempt to interfere with the proper working of the Web Site, (e) take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure, or (f) access, reload or “refresh” transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval. 

TRADEMARKS

The Company name, the terms TOUGH GUN, TOUGH GUN I.C.E., ThruArm, TOUGH LOCK, SURESTART, TOUGH ACCESS, QUICK LOAD, AutoLength, TOUGH GARD, and the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company and/or its affiliates. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. 

DEALINGS WITH OTHER MERCHANTS

If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Web Site you acknowledge and agree that the Company is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that the Company 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 merchants on this Web Site.

LIABILITY OF THE COMPANY AND ITS LICENSORS

The Company does not assume any liability for the materials, information and opinions provided on, or available through, the Company Web Site (the “Site Content”). Reliance on the Site Content is solely at your own risk. The Company disclaims any liability for injury or damages resulting from the use of any Site Content.

THE COMPANY 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, WITH ALL FAULTS. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE COMPANY WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY WARRANTS OR REPRESENTS THAT THE COMPANY 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 COMPANY WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE COMPANY WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR CONTRACTORS BE LIABLE 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 COMPANY 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, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE COMPANY WEB SITE OR THE SITE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the Company Web Site or the delivery of products, services or information over the Company Web site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of this Agreement or your use of the Company Web site or any products, services or information obtained from this Web Site.

PRIVACY; PROTECTION OF PERSONAL INFORMATION

The Company’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Company Privacy Policy, which is incorporated by reference into these Terms of Use.

COMMENTS AND SUBMISSIONS

The Company welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by the Company or its advertisers or business partners in response to solicitations on this Web Site will become the Company’s property and you agree that all intellectual property rights therein are transferred to the Company. You understand that any postings, or content submitted for posting, to publicly available portions of the Company Web site are non‑confidential for all purposes. 

LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES

The Company Web Site contains links to other Web sites on the Internet. The Company is not responsible for and does not endorse the content, products, services or practices of any third party Web sites, including, without limitation, sites framed within the Company Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party Web sites is at your own risk and subject to the terms and conditions of use for such Web sites.

SOCIAL MEDIA SITES

The Tregaskiss website may contain links to third-party social media sites, such as Facebook, LinkedIn or YouTube. Tregaskiss makes pages available on any such sites for informational purposes only, subject to the guidelines and/or disclaimers applicable to such pages. Your use of Tregaskiss pages on social media sites are subject to the guidelines and disclaimers posted by Tregaskiss on such sites as well as the terms and conditions in these Terms of Use. The following guidelines and/or disclaimers are hereby incorporated by reference into these Terms of Use:  

COMPLIANCE

The owner of this Web Site is based in the Province of Ontario, Canada. The Company makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.

CONTACT

Please contact us at 1-519-737-3000 or info@tregaskiss.com if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.

MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the Province of Ontario, Canada without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Company Web Site shall be in the provincial or federal courts located in or near Windsor, Ontario. You agree to submit to the jurisdiction of such courts.

These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Company Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Company Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. 

If any part of these Terms of Use is unenforceable, the unenforceable 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.

The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.

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