Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING AND BROWSING THIS WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE FOLLOWING TERMS AND CONDITIONS OF USE AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. IF YOU DO NOT AGREE, PLEASE DISCONTINUE YOUR USE OF THIS WEBSITE IMMEDIATELY.

Modification of Terms

David Sklar & Associates Inc. (“Sklar”) may, at any time and without notice, amend these terms and conditions (the “Terms”), or may limit or deny access to, or change the content of, this website. You should periodically visit this page to review the then current Terms. By using this website you are agreeing to be bound by the then current version of these Terms. These Terms are applicable to all pages and parts of the Sklar website.

Restricted Use and Copyrights

All photographs, audio and video clips, picture images, graphics, internal links, website architecture, format, layout and data structures, and all other material contained on and forming part of this website are copyrighted unless otherwise noted and may not be used in any manner, except as provided in these Terms or in the website text, without Sklar’s prior written permission. Images of people or places are either property of, or used with permission by, Sklar. Any unauthorized use of these materials may violate copyright, trademark and privacy laws, other applicable statutes or proprietary rights. You may browse this website and download or print a copy of material displayed on the website for your personal, non-commercial transitory use only and not for redistribution or other publication, unless consented to in writing in advance by Sklar. Your rights in respect of this website and the materials hereon shall automatically terminate upon your breach of any of these Terms. Material from this website or from any other website owned, operated, licensed or controlled by Sklar may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way except in compliance with these Terms. Modification of the materials or use of the materials for any purpose other than as aforesaid is a violation of the copyright and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited.

Trademarks

All trade names and slogans on this website are trademarks of, or used with permission by, of Sklar and the distinctive shapes and visual characteristics of Sklar trademarks are trade dress of Sklar and are protected by Canada, United States, and international laws. You are prohibited from using any of the marks appearing on this website without the express prior written consent of Sklar, except as permitted by applicable laws. Other marks and logos shown on this website may be marks owned by third parties not affiliated with Sklar and are used with permission. Nothing shown on this website should be construed as granting, by implication, or otherwise, any permission, license or right to use any trademark, service mark or trade name displayed on this website without the written permission of Sklar or the third party owner. The use of any Sklar logo or mark, whether registered or unregistered, as a hyperlink to this website or any other Sklar website is strictly prohibited unless consented to in writing in advance by Sklar.

Disclaimers

All data contained on the website relating to third-party products or services, including but not limited to, prices, availability of service or product, product feature or service coverage, if any, should be verified with the party supplying the product or service. Sklar may at any time without notice amend the data displayed on the website. While Sklar endeavors to periodically update posted information, not all information may be current, and Sklar does not guarantee the accuracy or reliability of such data. Information on this website is subject to change without notice.

This website is provided as a convenience to you on an “as is” and “as available” basis. Sklar does not warrant or represent that your access to this website or any part thereof will be uninterrupted or error-free or that defects will be corrected, or that this website or the server(s) hosting this website are free of viruses or other harmful components and Sklar assumes no responsibility and/or liability for any damage to your computer equipment or other property on account of or arising out of your use of or access to this website. Sklar makes no representation that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE SITE PAGES. SKLAR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES OR DATA, OR LOSSES FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, EVEN IF SKLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Sklar liability in any case shall, however, be limited to the greatest extent permitted by law.

Links

Sklar may include links to other websites on the Internet that are owned or operated by third parties (the “Linked Sites”). When navigating to Linked Sites from this website, you do so at your own risk. You should review and determine whether you understand and agree to the terms and conditions of use of a Linked Site before using it. Sklar does not control these sites and assumes no responsibility for their content or accuracy. A link on this website to a Linked Site does not imply that Sklar endorses or approves such website, any of the content thereof, or the products or services described thereon.

Submissions

Any communication or material you transmit to the website (including feedback, data, answers, questions, comments, suggestions, ideas, requests, or the like) will be treated as non-confidential and non-proprietary. All materials transmitted to the website become the property of Sklar and may be used for any purpose. Sklar may publish the material and/or incorporate it or any concepts described in it in our products without compensation, restrictions on use, acknowledgement of source, accountability, or liability. You agree that you will not communicate any threatening or defamatory material on or through this website or any other information, the communication of which would be considered a violation of any law. You acknowledge that Sklar will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose any information relating to anyone communicating any such materials.

Governing Law

This Agreement shall be treated as though it were executed and performed in Ontario. Any claim relating to this website shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without giving effect to any choice or conflict of law provision or rule that would cause the laws of any other jurisdiction to apply. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remainder of these Terms and shall not affect the validity and enforceability of any remaining provisions.

Any action you, any third party, or Sklar may bring to enforce these Terms or in connection with any matters related to this website shall be brought only in the courts of the Province of Ontario, and you expressly consent and attorn to the jurisdiction of said courts. You expressly consent to extra-territorial service of process relating to any claim arising out of or in connection with these Terms.

7336-020.009