Access and Use
TSNL reserves the right, in its sole discretion, to change the terms of any part of these Website Use Terms, in whole or part, at any time. Except as otherwise provided in these Website Use Terms, any change will be effective when notice of the change is posted on Torstardigital.com. Please check back regularly for updates by checking the date of the last update at the bottom of these Website Use Terms. Your continued use of Torstardigital.com following the posting of amended Website Use Terms will mean you accept those changes. We reserve the right to modify, suspend or discontinue Torstardigital.com or any part of it from time to time without notice or liability for any reason whatsoever.
Restrictions on Use of Materials
Torstardigital.com and all content made available thereon (“Content”) is the property of TSNL or its licensors and is protected, without limitation, pursuant to Canadian and foreign copyright, trademark and other laws. Subject to your compliance with these Website Use Terms, TSNL grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to download, display or use a single copy of the Content on your computer or other electronic access device for your own personal and non-commercial use as long as you do not alter or modify the Content and you maintain all copyright and other proprietary notices. All rights not expressly granted in the Content are reserved. Other than as explicitly set forth in these Website Use Terms, nothing will be construed as granting any license or right to use any Content in any manner without the prior written consent of TSNL or such third party that may own the Content displayed on Torstardigital.com. Any unauthorized use of any of the Content is strictly prohibited. Except as provided herein, you agree not to reproduce, sell, republish, broadcast, distribute, make derivative works of or otherwise make available any Content, including without limitation by framing, caching or other similar means, without the prior written consent of the copyright owner of such Content.
All trademarks and trade names used, mentioned or displayed on Torstardigital.com are trademarks or registered trademarks of TSNL, its affiliated companies or of their respective owners. The display of trademarks or trade names on each of Torstardigital.com does not convey or create any license or other rights in these marks or names. Any unauthorized use of these trademarks and trade names is strictly prohibited.
Links to Third Party Sites
You may, through the use of hypertext or other computer “links” on Torstardigital.com, gain access to other sites on the Internet which are not part of the Torstardigital.com and which are not controlled by TSNL. TSNL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TSNL of the site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures and to guard against viruses and other destructive elements and any collection, use and disclosure of your personal information through such site. TSNL WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR THE ACCURACY, RELEVANCY, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN ANY SITE LINKED FROM TORSTARDIGITAL.COM OR FOR ANY INFORMATION OR MATERIAL YOU PROVIDE TO ANY THIRD PARTY.
Unless otherwise indicated on Torstardigital.com, TSNL is not sponsored by or affiliated with the linked sites, and trademarks used in connection with linked sites are not trademarks of TSNL.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, TSNL IS PROVIDING TORSTARDIGITAL.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN ANY CONNECTION WITH TORSTARDIGITAL.COM, ITS CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. TSNL DOES NOT WARRANT THAT THE FUNCTION OF TORSTARDIGITAL.COM, OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TORSTARDIGITAL.COM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TSNL BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY OTHER DAMAGES OF ANY KIND OR CHARACTER, EVEN IF TSNL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE TORSTARDIGITAL.COM, ITS CONTENTS, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED, OR ANY OTHER MATTER RELATING TO TORSTARDIGITAL.COM.
The Internet may be subject to breaches of security. Without limiting the foregoing, TSNL is not responsible for any resulting damage to any user’s computer or other electronic access device from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing TORSTARDIGITAL.COM.
You expressly acknowledge that We have relied on the disclaimers, limitations and exclusions of liability set out in these Website Use Terms in making Torstardigital.com available to you, and that these disclaimers, limitations and exclusions of liability are an essential part of this agreement between you and TSNL.
Professional Information Disclaimer
Torstardigital.com may contain certain facts, opinions, views, statements, recommendations and information which may be provided by third parties including but not limited to third parties in professional fields such as medicine, law, engineering, accounting, architecture, financial planning, investments, other health and fitness related areas and other professional fields (“Professional Information”). Such information is for informational or entertainment purposes only and is not to be used or construed as a substitute for professional advice, diagnosis or treatment. Use of Torstardigital.com does not replace consultations with qualified medical, legal, engineering, accounting, architectural, financial planning, investment, or other professionals. Professional Information may be subject to change and could be out of date. You acknowledge that any reliance on such Professional Information is at your sole risk and that TSNL does not provide you with or endorse any medical, health, tax, legal, accounting, investment or other professional advice or advocate the purchase or sale of any security or investment. You further acknowledge that you are solely responsible for your own research and decisions, including without limitation investment and financial planning decisions. You agree that TSNL shall not be responsible or liable in any way for any loss or damage of any kind directly or indirectly incurred as a result of, or in connection with the use of, or reliance on, any Professional Information.
Jurisdiction and Governing Law
Torstardigital.com is controlled and operated by TSNL. Its offices are located in Ontario, Canada. If you choose to access Torstardigital.com from another location, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Website Use Terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or in connection with these Website Use Terms or Torstardigital.com shall be filed only in the provincial or federal courts located in Ontario, Canada and hereby submit to the nonexclusive jurisdiction of such courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Torstardigital.com or these Website Use Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.
If any provision of these Website Use Terms shall be deemed unlawful, invalid or unenforceable by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of the terms of these Website Use Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of TSNL. The section titles in these Website Use Terms are for your convenience only and do not have any legal or contractual effect.
The failure of TSNL to comply with these Website Use Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of TSNL, shall not be deemed a breach of these Website Use Terms.
These Website Use Terms, including all terms, policies, and guidelines referenced in these Website Use Terms, together with any agreement governing your use of Torstardigital.com, where applicable, is the entire agreement between you and TSNL concerning Torstardigital.com. These Website Use Terms supersede all prior agreements or communications between you and TSNL regarding the subject matter of these Website Use Terms.
The parties have required that these Website Use Terms and all terms, policies and guidelines relating thereto be drawn up in English. Les parties aux présentes déclarent qu’elles ont exigé que cette entente et tous les documents y afférant soient redigés en langue anglaise.
Published on November 19, 2012