Terms of Use
1. Terms of Use
Welcome to this website hosted by R. W. Tomlinson Limited (“Tomlinson”). These terms of use (“Terms of Use”) apply to the Tomlinson website located at: http://www.tomlinsongroup.com. By accessing this website, you acknowledge that you accept these Terms of Use. If you do not understand or accept any of the Terms of Use, please immediately discontinue your use of this website.
To the extent permissible by applicable law, Tomlinson reserves the right to alter these Terms of Use at any time without providing notice. You are responsible for regularly checking for any changes to these Terms of Use. Your continued use of this website after any such changes are released shall be deemed to be your acceptance of said changes. For good and valuable consideration you agree as follows:
2. Website Information and Explanation
The server of this website is located in Gatineau, Canada. Tomlinson operates and manages this website from its headquarters in Ottawa, Ontario. The availability of the functions, products, and services discussed, mentioned, supplied, and provided through or on this website may vary by country or region.
Should you choose to visit this website from countries or regions outside Canada, you do so of your own volition and shall use this website only as permitted by local laws.
3. Website Content
All texts, information, documents, images, music, videos, animations, trademarks, patterns, charts, visual interfaces, code, graphics, charts, photographs and icons (collectively “Content”), including but not limited to the ideas, design, structure, expression, the “look and feel”, and display of the Content, are legally owned, controlled or legitimately authorized to be used by Tomlinson. You hereby acknowledge that this website and all Content is protected by all copyright, trademark and other intellectual property entitlements and protections, and other applicable laws. Your use of the website does not grant or transfer to you any ownership or other rights, title or interests in the Content and, except as expressly provided, nothing herein or within the website shall be construed as conferring on you or any other person any right, title, license or interest under Tomlinson’s or any third party’s intellectual property rights. Any rights not expressly granted to you in these Terms of Use are expressly reserved by Tomlinson.
Unless otherwise stated in these Terms of Use, you shall not use the Content on this website for any commercial or resale purpose in any way without Tomlinson’s prior written consent; your use is limited to your own non-commercial, information purposes.
Tomlinson grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to review Content presented on this website with regard to Tomlinson’s products and services, provided that:
1. The Content is used solely for personal, non-commercial and information purposes and not for commercial or resale purposes.
2. No alterations of any kind are made to the Content.
3. No further statements and warranties shall be made with regard to the Content or documents containing the Content.
4. No statements and/or notifications indicating Tomlinson’s ownership of and other legal rights and interests with regard to the Content shall be removed, in whole or in part.
4. Usage Standards
This website and its Content cannot be used illegally or for any purpose prohibited in these Terms of Use, nor can they be used to infringe on the legal rights, title and/or interests of other persons or organizations.
You shall not use any form of device, program, or algorithm, including without limitation spiders, robots, deep-links, and page-scrapes, or any identical or similar manual program, to access, obtain, copy, or monitor any part of this website or its Content. Additionally, you shall not visit, obtain, or copy any materials, documents, or information on this website by any method not provided by this website.
You shall not attempt to illegally access, decode, or use any other illegal methods to gain unauthorized access to this website, its Content, or its services. You shall not trace, reverse lookup, decrypt, or decode any customer information on this website, including but not limited to the Tomlinson ID’s of users other than yourself.
You shall not violate any of the security mechanisms or authentication measures utilized by or linked to this website. You shall not probe, scan, or otherwise test for any network weaknesses of this website or those linked to it, nor launch any form of attack against it.
You shall not use any device, software, or program to interfere or attempt to interfere with the regular operation of this website or any transactions performed on this website, or to interfere or attempt to interfere with the use of this website by others. You shall not undertake any actions that store unreasonable or disproportionate amounts of data on this website’s infrastructure, system, or network, or on systems or networks that are linked to this website.
You shall not copy, modify, distribute, mirror, publish, disseminate, or transmit any Content without the prior written consent of Tomlinson.
5. Account, Password and Security
You may need to register a Tomlinson ID or log in to your Tomlinson ID to access certain functions or services on this website. You accept full responsibility for protecting the confidentiality of your account information, including your password. You accept full responsibility for any and all actions that occur on or against your account in the event that you fail to maintain the security and confidentiality of said information.
If you find that your account has irregularities or abnormalities, including but not limited to the password being changed or the account being logged in to or used by unauthorized persons, you should notify Tomlinson immediately. If your failure to maintain the confidentiality of your account information leads to your account being used by others, which further leads to damages to Tomlinson or other visitors to this website, you may be held liable for said damages.
You shall not use other people’s Tomlinson ID’s at any time without the express permission of the account holder. If your failure to comply with this clause leads to personal damage or loss to yourself or others, Tomlinson will not assume responsibility for said losses.
6. External Links
This website may contain links to independent third-party websites. Such links are provided only for the convenience of visitors to this website, to assist you in finding additional resources that may be of interest. Tomlinson does not give any express or implied guarantees, representations or warranties regarding the content, services or information provided on linked websites, nor should these links be deemed as an approval, association, sponsorship, endorsement, affiliation, recommendation or authorization by Tomlinson with regard to the linked websites or any content thereof. You can visit any and all of the linked websites entirely at your own discretion, however Tomlinson assumes no responsibility whatsoever for, and expressly disclaims all liability in relation to, the content, accuracy, terms and conditions and policies of any such linked websites. You link to other pages or websites at your own risk and your use of other websites will be controlled by the terms of use posted on those other websites.
7. Privacy
This website is subject to Tomlinson’s Privacy Policy located at https://tomlinsongroup.com/privacy-policy/ regarding how Tomlinson collects, uses, discloses and otherwise manages your personal information. Cookies and other technologies may be used for behavioural advertising purposes, as noted in the Privacy Policy.
It should be noted that the network link and data transmitted between you and this website are neither completely safe nor confidential, and it is possible that information and data you send to this website could be intercepted by others. Tomlinson is unable to guarantee the security and confidentiality of the network link and data transmitted between yourself and this website.
8. Reservation of Rights
Tomlinson reserves the right to perform the following actions at any time without giving notice:
1. Suspend or terminate operation of, or access to, all or part of this website at any time, irrespective of the reason or without any reason, to any or all users.
2. Fix or alter all or part of the Content of this website as well as any applicable policies, terms, or clauses.
3. Suspend operation of all or part of the website for the purposes of maintenance, alteration of errors, or other such changes at regular or irregular intervals.
9. Disclaimers
ALTHOUGH WE BELIEVE THE INFORMATION CONTAINED IN THIS WEBSITE IS ACCURATE AND INFORMATIVE, TOMLINSON DOES NOT REPRESENT, WARRANT, GUARANTEE OR PROVIDE ANY ASSURANCE OF THE CONDITION, AVAILABILITY, CONTINUITY, AND ACCESSIBILITY OF THIS WEBSITE, ITS CONTENT, OR ITS PRODUCTS OR SERVICES. THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS. YOU, AS THE USER, BEAR ALL RESPONSIBILITIES FOR USAGE OF THIS WEBSITE AND ANY WEBSITE LINKED TO IT. SHOULD YOU FEEL DISSATISFIED WITH ALL OR ANY PART OF THIS WEBSITE, YOUR ONLY REMEDY IS TO STOP USING ALL OR PART OF THIS WEBSITE, AS LIMITATIONS OF LIABILITY AND REMEDIES CONSTITUTE PART OF YOUR AGREEMENT WITH TOMLINSON WITH REGARD TO USAGE OF THIS WEBSITE.
INFORMATION PUBLISHED ON THIS WEBSITE REGARDING TYPES OF PRODUCTS AND SERVICES AVAILABLE, INCLUDING BUT NOT LIMITED TO PRODUCT FUNCTIONS, CONFIGURATIONS, PARAMETERS, TECHNICAL STANDARDS, AND SERVICE CONTENT, MAY BECOME OUTDATED FROM TIME TO TIME, AND IT MAY TAKE SOME TIME FOR TOMLINSON TO UPDATE THE CORRESPONDING INFORMATION. THEREFORE, THERE MAY BE SOME VARIATIONS BETWEEN THE PRODUCT AND SERVICE INFORMATION YOU SEE ON THIS WEBSITE AND THE ACTUAL PRODUCT YOU PURCHASE OR PRODUCTS FOR SALE IN YOUR MARKET. TOMLINSON DOES NOT GUARANTEE THE CORRECTNESS, COMPLETENESS, OR RELIABILITY OF THE CONTENT OF THIS WEBSITE AND ANY RELIANCE ON THIS WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT WHERE PROHIBITED FOR INDIVIDUAL RESIDENTS OF QUEBEC, TOMLINSON DISCLAIMS ALL REPRESENTATIONS, IMPLIED WARRANTIES AND IMPLIED CONDITIONS WITH RESPECT TO THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND IMPLIED CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ALTHOUGH TOMLINSON ENDEAVOURS TO EMPLOY STANDARD BUSINESS SECURITY MEASURES TO PROTECT INFORMATION, CONFIDENTIALITY CANNOT BE GUARANTEED FOR TRANSMISSIONS OVER THE INTERNET. INTERNET TRANSMISSIONS ARE VULNERABLE TO INTERCEPTION, USE AND/OR ALTERATION BY PERSON(S) OTHER THAN THE INTENDED RECIPIENT. WHILE TOMLINSON HAS IMPLEMENTED CERTAIN SAFEGUARDS TO REDUCE THIS RISK IN RELATION TO ITS SERVER, INTERNET TRANSMISSIONS TO AND FROM TOMLINSON ARE STILL VULNERABLE. IF YOU CHOOSE TO COMMUNICATE BY INTERNET, YOU DO SO AT YOUR SOLE RISK. TOMLINSON SHALL IN NO EVENT BE LIABLE FOR, AND HEREBY EXPRESSLY DISCLAIMS LIABIITY FOR, ANY DAMAGE OR CLAIM, WHETHER DIRECT, INDIRECT, SPECIAL, DERIVATIVE, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL, AND HOWSOEVER ARISING (INCLUDING WITHOUT LIMITATION UNDER CONTRACT, TORT, NEGLIGENE OR OTHER LAW), SUFFERED BY YOU OR ANY OTHER PERSON RELATING TO (A) SUCH TRANSMISSION; OR (B) AN INTERNET TRANSMISSION YOU EXPRESSLY OR IMPLICITLY AUTHORIZE TOMLINSON TO MAKE.
TOMLINSON DOES NOT REPRESENT, WARRANT, GUARANTEE OR PROVIDE ANY ASSURANCE REGARDING (1) THE RELIABILITY, TIMELINESS, OR USEFULNESS OF THIS WEBSITE OR ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THIS WEBSITE; (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR THE USE OF CONTENT OBTAINED FROM THIS WEBSITE; (3) THAT USE OF THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE WILL MEET ANY USER’S REQUIREMENTS; (4) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (5) THAT FILES OR OTHER MATERIALS AND INFORMATION AVAILABLE THROUGH THIS WEBSITE WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT COULD BE HARMFUL TO YOUR COMPUTER SYSTEM. TOMLINSON HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION.
YOU ACKNOWLEDGE AND AGREE (1) THAT YOUR USE OF THIS WEBSITE AND ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS AT YOUR DISCRETION AND RISK, AND (2) THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL, INFORMATION OR DATA, AND FOR ANY OTHER FORM OF DAMAGE THAT MAY BE INCURRED.
10. Limitation of Liabilities
TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOMLINSON OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND PARTNERS BE LIABLE FOR ANY DAMAGES, CLAIMS, LOSSES OR INJURIES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL INDIRECT, DERIVATIVE, INCIDENTAL, COLLATERAL, OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF USE, OPPORTUNITY, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION THAT MAY BE INCURRED FROM USING THIS WEBSITE, ANY ACTIONS TAKEN IN RELIANCE ON ANY CONTENT, ANY ERRORS, INACCURACIES, INCONSISTENCIES OR MISSTATEMENTS IN THIS WEBSITE, THE SUITABILITY FOR ANY PURPOSE OF ANY PRODUCTS, MATERIALS, SERVICES OR INFORMATION REFERENCED OR CONTAINED IN THIS WEBSITE OR ANY LINKED WEBSITES, OR ANY LOST PROFITS OR REVENUE, WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOMLINSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THIS WEBSITE.
THIS SECTION APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT OR OTHERWISE, WLL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO ARBITRATON OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF TOMLINSON AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
Some legal jurisdictions do not allow for the limitation or exclusion of liability. Therefore, the aforementioned restrictions may not be applicable to you.
11. Indemnity
You agree to indemnify, defend (at Tomlinson’s request) and hold harmless Tomlinson, its affiliates and subsidiaries and each of their respective officers, directors, employees, consultants, representatives and agents from any and all losses, expenses, third-party claims, liabilities, attorneys’ fees (on a full indemnity basis), damages and costs for claims arising from or related to: (i) your use of or reliance on this website; (ii), your use of or reliance on any Content downloaded or otherwise obtained from this website; or (iii) your violation of these Terms of Use, including without limitation your infringement of any intellectual property or other right of Tomlinson or any other person or entity.
12. Independent Remedies
The clauses in Article 10 “Limitation of Liabilities” and Article 11 “Indemnity” of this Agreement take effect independently, even if it is determined that said articles and/or clauses are unable to fulfill the intended purpose or be enforced by law. Within the scope permitted by related effective laws, the limitations of liability stipulated in Article 10 and Article 11 herein shall be applied, irrespective of whether the loss is due to (1) breach of contract, (2) breach of guarantee, (3) errors or infringements, including tort, negligence or misrepresentation, (4) strict liability, (5) or any other reasons.
13. Feedback
Any feedback you provide on this website is regarded as non-confidential and non-proprietary to you. By posting any content on this website, you authorize Tomlinson to use and allow others to use, distribute and reproduce the content.
You acknowledge that you are responsible for any material or comments you may submit via the website or any live-feed or social media associated with this website (such as through a discussion board or other public forum), including the legality, reliability, appropriateness, originality and copyright of any such material. Without limiting the foregoing, you may not upload to, distribute or otherwise publish through the Website any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, harassing, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam” or commercial electronic communications. You may not use a false email address or other identifying information, information any person or entity or otherwise mislead as to the original of any content. You may not upload commercial content onto the Website, harvest or otherwise collect, store or use any information (including email addresses) about other users of the Website, or alter transmission data.
If you do submit material, and unless we indicate otherwise, you grant Tomlinson and/or its relevant contract party, as appropriate, an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Tomlinson and/or its relevant contracting party, as appropriate, is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to us. You grant us the right to use the name you submit in connection with such material, if we so choose, and you waive any and all moral rights that you may have in and to such material with respect to the uses contemplated herein. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply
Tomlinson reserves the right to at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Tomlinson’s sole discretion.
14. Breach of these Terms of Use
You agree that Tomlinson reserves the rights to terminate your access to this website and/or block you from visiting this website in the event that Tomlinson deems you to have breached any of these Terms of Use.
If Tomlinson revokes your access to this website as a result of you having breached these Terms of Use, Tomlinson assumes no liability towards you or any third-party.
You agree that Tomlinson can solely decide, without prior notice, to terminate your access to all or part of this website’s functions, for reasons including but not limited to:
(1) In response to the requests of law enforcement agencies or other government institutions.
(2) In response to your own request. (If you request the deletion of your Tomlinson ID, you may be unable to access online shopping functions.)
(3) The suspension or major modification of this website or any of its services.
(4) Unforeseeable technical issues.
15. Applicable Laws and Jurisdiction
The establishment, enforcement, and interpretation of this Agreement, as well as the resolution of disputes related thereto, are subject to the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to any conflict of laws provisions.
Should any dispute arise with regard to the Content or these Terms of Use, both parties should seek resolution thereof through amicable consultation. For individual residents of Canada outside of Quebec: the parties hereby irrevocably attorn to the exclusive jurisdiction of the courts located in Ottawa, in the Province of Ontario for any legal proceeding arising out of these Terms of Use. For individual residents of Quebec: the parties hereby irrevocably attorn to the exclusive jurisdiction of the courts located in Montreal, in the Province of Quebec for any legal proceeding arising out of these Terms of Use. Notwithstanding the foregoing, nothing in these Terms of Use shall prevent Tomlinson from seeking injunctive relief from a court whether within or outside of Ontario.
You shall comply with all applicable laws in connection with use of this website.
16. Miscellaneous
These Terms of Use constitute the full agreement between you and Tomlinson with regard to your access to and use of this website, and they replace any and all prior written or oral agreements between your and Tomlinson with regard to access to and use of this website.
If Tomlinson fails to uphold or demand the strict performance of these Terms of Use, this should not be deemed as a waiver on the part of Tomlinson of any rights pertaining to the performance of these Terms of Use, or the Terms of Use themselves. A waiver of any provision of these Terms of Use shall only be valid if provided in writing and shall only be applicable to the specific incident and occurrence so waived. No action taken between Tomlinson and yourself or a third-party should be deemed as an alteration to any of the provisions of these Terms of Use.
These Terms of Use may not be assigned by you in whole or in part and you may not extend to others any benefits of this website or the Content or use thereof. Any permitted assignment shall not relieve you of your obligations hereunder. Tomlinson may, without prior notice and without your consent, assign these Terms of Use and upon such assignment the assignee shall assume all of Tomlinson’s rights and obligations under these Terms of Use and Tomlinson shall be released.
These Terms of Use shall not be construed to and do not create a relationship of agency, partnership, employment or joint venture. You shall not have any authority to bind Tomlinson. For greater certainty, without limiting the generality of the foregoing, you are prohibited from executing any document on behalf of Tomlinson.
If any provision, or portion thereof, of these Terms of Use is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions of these Terms of Use, and each provision, or portion thereof, is hereby declared to be separate, severable and distinct.
In no event shall Tomlinson be liable for any failure to comply, or delay in complying, with these Terms of Use if such failure or delay results from any condition or event beyond the reasonable control of Tomlinson, including, but not limited to, fire, flood, earthquake, any elements of nature or acts of God, theft, riot, strike or other labour disturbance, power failure, lack of or delay in supply, transportation issues, or war.
Questions: If you have any questions concerning the terms and conditions of use of this website, please contact us by email at info@tomlinsongroup.com or call us at (613) 822 1867.
Last Updated December 2017