March 9, 2017
TERMS AND CONDITIONS OF USE OF SITE
Welcome to Tuff Grade at https://tuffgrade.ca (this “Site”). This Site is provided by AD Affiliated Distributors (“AD”) conditional on your acceptance of the terms and conditions of use set out below (“Terms and Conditions”). By accessing, reading and making use of this Site, you agree, on your own behalf and on behalf of any entity on whose behalf you may be acting, to be bound by the Terms and Conditions and the Privacy Statement. If you do not wish to be bound by the Terms and Conditions and the Privacy Statement, you should not use this Site.
For information on how AD collects, uses or discloses the personal information you may provide on this Site, read AD’s privacy statement available at https://tuffgrade.ca/about/privacy-statement/ (the “Privacy Statement”).
Please print a copy for your records.
CHANGES TO TERMS AND CONDITIONS
AD may add to or remove, modify or otherwise change any part of the Terms and Conditions at any time. Changes will be effective when the changed Terms and Conditions are posted on this Site. You should check the Terms and Conditions frequently for changes by checking the date of “Last Updated” at the top of this document. If any change to the Terms and Conditions is not acceptable to you, you should discontinue your use of this Site immediately. Your continued use of this Site after changes to the Terms and Conditions are posted thereon will constitute acceptance of the changes.
CHANGES TO THIS SITE
AD may terminate, change, suspend or discontinue any aspect of this Site at any time without notice. Without limiting the generality of the foregoing, AD may change the availability of any features, institute new, or change existing, fees or charges for the use of this Site or any features thereof, add, remove, modify or otherwise change any contents on this Site, impose limits on certain features or restrict access to parts or all of this Site. AD reserves the right, but not the duty, to correct any errors or omissions in any portion of this Site at any time without notice.
PRODUCT LISTINGS, AVAILABILITY AND PRICING
The catalogues, specifications sheets, pricing or other listings or descriptions of products or services made available through this Site are provided for your convenience only, and any products and services listed or described therein may be removed or unavailable from time to time. The prices stated for such products and services are subject to change without notice.
OWNERSHIP AND USAGE
Copyright © AD Affiliated Distributors (unless otherwise indicated). All rights reserved.
The contents of this Site may not be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of AD, unless specifically provided for as follows. In particular, AD permits you to display the content of this Site on your computer or mobile device and to print, download and use the underlying HTML, text, audio clips, video clips and other content available to you on this Site provided that,
- this is for your own personal and non-commercial use;
- you do not modify the content of this material; and
- you include with and display on each copy the copyright notice.
No other use of this Site is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of this Site, include the content of this Site in or with any product that you create or distribute or copy the content of this Site onto your own or another’s website.
Some of the content on this Site may be subject to the copyright of another source. There may be additional restrictions on the reproduction of such content. Details concerning copyright ownership and any special restrictions on reproduction are indicated on the relevant page(s) of this Site and they should be observed.
The Tuff Grade logo (“Logo”) is a trademark owned by AD.
All other trademarks, trade names or service marks mentioned on this Site are the property of their respective owners.
If you want to link to this Site, you may do so, provided you agree to the link conditions described below (the “Link Conditions”):
- A link may be established to the following page of this Site: https://tuffgrade.ca. Links may not be established to any other pages on this Site without the prior written permission of AD.
- If you link to this Site, your website,
I. may not imply that AD is endorsing you or your products or services;
II. may not imply an affiliation between you or any entity on whose behalf you may be acting without the prior written consent of AD;
III. may not misrepresent your relationship with AD or present false or misleading impressions about AD or its services; and
IV. may not contain content that may be interpreted as distasteful or offensive.
- AD shall have no responsibility or liability for any content appearing on your website.
- AD may at any time, in its sole discretion, immediately terminate your right to link to this Site, with or without cause. If AD exercises this right, you will immediately remove all links to this Site.
- AD may amend these Link Conditions at any time. You agree to abide by these Link Conditions and the other Terms and Conditions on this Site, as amended from time to time.
By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions.
USE OF LOGO AS LINK ANCHOR BY LICENSEES
A licensee of AD may use the Logo, as a link anchor to link to this Site, on the website of the business of the licensee with respect to the distribution of Tuff Grade products, provided the licensee agrees to the conditions described below (the “Use of Logo Conditions”):
- If a licensee uses the Logo as a link anchor to this Site, the licensee shall not,
I. adopt, use, register or attempt to register anywhere in the world any logo or mark confusingly similar to the Logo;
II. do or cause to be done any act or thing, directly or indirectly, contesting or in any impairing AD’s right, title or interest in the Logo;
III. alter the Logo in any manner, including proportions, colours, elements, etc., or animate, morph or otherwise distort its perspective or two-dimensional appearance;
IV. use the Logo in a manner which displays it in a negative or disparaging manner;
V. use the Logo as a predominate feature, displaying the Logo larger or more prominently than other company logos;
VI. use the Logo as a feature or design element of any other logo or any other name or trademark;
VII. use the Logo to imply that AD or Tuff Grade is endorsing the licensee or any of the licensee’s products or services;
VIII. use the Logo to imply that AD or Tuff Grade sponsors , is affiliated or is associated with the licensee;
IX. use the Logo to misrepresent the licensee’s relationship with AD; or
X. use the Logo to present false or misleading impressions about AD or Tuff Grade and its service or products.
- The following notice shall accompany the Logo on the page of the licensee’s website where the Logo appears:
The Tuff Grade logo is a trademark owned by AD Affiliated Distributors.
- AD disclaims any warranties or conditions that may be expressed or implied by law regarding the Logo, including warranties against infringement.
- The licensee agrees to indemnify AD from and against all claims and liabilities arising out of the licensee’s use of the Logo.
- AD shall have no responsibility or liability for use of the Logo by the licensee.
- AD may at any time, in its sole discretion, immediately terminate the licensee’s use of the Logo as a link anchor, with or without cause. If AD exercises this right, the licensee will immediately remove the Logo from the licensee’s website.
- AD may amend these Use of Logo Conditions at any time.
By using the Logo as a link anchor, the licensee will be deemed to have agreed to these Use of Logo Conditions.
WEBSITES LINKED TO THIS SITE
Certain websites may be linked to this Site. Not all of these links may have been permitted by AD. Regardless of whether a link has been permitted by AD, AD is not responsible for the contents of any website that is linked to this Site. AD makes no representations or warranties, and does not endorse, any website that is linked to this Site, the contents of any such website, the information appearing on any such website or any of the products or services described on any such website. The fact that a website is linked to this Site does not imply that AD or Tuff Grade sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website.
Certain links on this Site may take you to other websites. AD provides these links only as a convenience. AD is not responsible for the contents of any linked website. AD makes no representations or warranties regarding, and does not endorse, any linked website, the contents thereof, the information appearing thereon or any of the products or services described thereon. Links do not imply that AD or Tuff Grade sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for any linked website. If you decide to visit any linked websites, you will do so at your own risk.
Your use of this Site will be in compliance with all applicable laws and regulations. You will not: (i) use this Site to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email; (ii) omit, delete, forge or misrepresent transmission information, including without limitation headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (iii) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (iv) engage in any activities intended to withhold or cloak identity or contact information; (v) send harassing and/or threatening messages to others; (vi) transmit any viruses or any other disabling mechanisms; (vii) use this Site for any illegal purpose, in violation of any applicable laws or regulations; (viii) engage in any internet activities that would violate the privacy rights of others; (ix) attempt to penetrate security measures of this Site; or (x) engage in denial of service attacks, or take actions designed to impair network access by flooding this Site or the internet with useless traffic.
Messages submitted to this Site by electronic mail or otherwise, including without limitation any reviews, data, questions, comments, suggestions or the like are, and will be treated as, non-confidential and non-proprietary. By submitting a message to this Site, you acknowledge that any information disclosed by you therein (i) may be used by AD or any other third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and AD.
Any use of or reliance on this Site, the contents of this Site or the information provided through this Site shall be at your sole risk. AD makes no representation or warranty of any kind regarding this Site, the contents of this Site or the information provided through this Site, all of which are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by applicable law, AD expressly disclaims all representations, warranties, guarantees, conditions and endorsements of any kind, whether express, legal or implied, including as to the operation of this Site, the contents of this Site or the information provided through this Site. Without limiting the generality of the foregoing, AD makes no warranties, representations, guarantees, or conditions as to the accuracy, quality or completeness of the contents of this Site or information provided through this Site, nor to merchantability or fitness for a particular purpose, nor to title or non-infringement, nor to the absence of any software virus or other harmful component. AD does not warrant that this Site or the delivery, hosting and ancillary services or facilities of third party suppliers utilized by AD will continue to operate, will operate without interruptions or will be error-free.
LIMITATION OF LIABILITY
In no circumstances shall AD, its officers, agents, representatives or employees be responsible or liable for any loss or damages whatsoever, including (without limiting the generality of the foregoing) any direct, indirect, incidental, special, punitive or consequential damages, arising from or in connection with your use of, access to or your reliance on, or your inability to use or access, this Site, any contents of this Site, any information provided through this Site, any external links on this Site, any website linked to this Site, or any contents thereof, any website linking to this Site, or any contents thereof, or any delivery, hosting and ancillary services or facilities of third party suppliers utilized by AD.
AD is not responsible and assumes no liability for third party contents of this Site or third party information provided through this Site.
This Site is controlled by AD from its offices within the Province of Ontario in Canada. This Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, all matters relating to access to, or use of, this Site or any website linked to this Site, shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
These Terms and Conditions constitute the entire agreement between you and AD with respect to your use of this Site and supercede all previous agreements, understandings and representations relating thereto. AD may at any time and at its sole discretion restrict or terminate your right to use this Site including all rights granted to you hereunder. No failure by AD to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy by AD shall not prevent AD’s subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms or Conditions or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms and Conditions, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. You may not assign these Terms and Conditions, in whole or in part, without the prior written consent of AD. AD may assign these Terms and Conditions or any rights hereunder without your consent and without notice. This “General” section and the sections titled “Your Materials”, “Disclaimer”, “Limitation of Liability” and “Applicable Law” shall survive the termination of your right to use this Site.
HOW TO CONTACT AD
We are located at: 6581 Kitimat Rd. Unit 12, Mississauga, Ontario, L5N 3T5
You can also reach us at:
Tel. 905 858-0988
Fax 905 858-1548