YOUR ACCEPTANCE OF THESE TERMS OF USE
These Terms of Use apply to all users of this Site owned by Two-Brain
Business Incorporated (“the Company”). The terms “The Site,” “we,”
“us,” and “our” refer to Two-Brain Business Incorporated.
By using this Site, you are agreeing to comply with and be bound by
these Terms of Use. If you do not agree to these Terms of Use, you may
not access or use this Site.
YOUR OBLIGATIONS
In consideration of your use of this Site, you agree that to the
extent you provide personal information to The Site it will be true,
accurate, current, and complete and that you will update all personal
information as necessary.
YOUR ACCEPTANCE OF OUR PRIVACY POLICY
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy,
which is expressly incorporated herein. Before using this Site, please
carefully review our Privacy Policy. All information provided to us as a
result of your use of this Site will be handled in accordance with our
Privacy Policy. To the extent there are inconsistencies between these
Terms of Use and our Privacy Policy, these Terms of Use control.
THIRD-PARTY GENERATED CONTENT
The Web Site contains content generated from third-parties. This
content includes but is not limited to product ratings, product reviews,
discounts, event announcements, featured listings, blog posts/articles,
paid or unpaid advertisements, calendar announcements, listings, and
links to third-party sites. Third-Party generated content further
includes information about products and services, mainly through
advertising, offered by parties other than the Site, such as product
descriptions, specifications, pricing, availability, uses and
performance. The Site does not guarantee the accuracy, integrity, or
quality of third-party generated content. The Site does not endorse and
is not responsible for statements, advice and opinions made by anyone
other than authorized Site spokespersons.
THIRD-PARTY WEBSITES AND INFORMATION LISTINGS
You may be transferred to online merchants or other third-party
websites through links or frames from the Site. These links are provided
solely for your convenience and do not constitute an endorsement by the
Site, its licensors, or advertisers of these third-party websites. Nor
do these links imply an affiliation of the Site with these third-party
sites or listed resources beyond the publication of a hyperlink on the
Site. Your correspondence or related activities with third parties,
including payment transactions and goods-delivery transactions, are
solely between You and that third party. You agree that the Site will
not be responsible or liable for any loss or damage of any sort incurred
as the result of any of Your transactions or other dealings with third
parties. Any questions, complaints, or claims related to any product or
service should be directed to the appropriate vendor.
CONTENT ACCURACY
The Site does not guarantee the accuracy of any content on the site,
including but not limited to, activity information, calendars, listings,
product descriptions, and third-party generated content. You should
confirm the accuracy of all information with the identified associated
third-party. The Site may not be held responsible for inaccurate
content.
AFFILIATE LINKS & SPONSORED CONTENT
Links on the Sites may contain affiliate links controlled by
third-parties other than The Site to help support the maintenance of the
Sites. An affiliate link is a specific URL that contains
the affiliate’s ID or username which records the traffic through use of
the link. The Site does not assume responsibility for or endorse any
contents, products, services or use of any of these affiliate sites and
makes no guarantees as to the quality or content of the same. You
acknowledge that you bear all associated risks regarding access to and
use of affiliate links and release The Site from any loss or damage
incurred from dealing with such affiliate.
The Site publishes advertisements paid for by third-parties and
special coded links in association with affiliates, online vendors or
auction houses. The Site does not accept payment for ratings, reviews
or guest blog posts published on the Site.
STOCK PHOTOGRAPHY
Stock photography may be used on the Sites–all images are being used under the proper legal licenses.
INTELLECTUAL PROPERTY LICENSE
The Site owns all intellectual property rights in (a) all text, logo,
images, headers, trademarks, service marks, design elements, and all
other protected elements on the Sites (except those licensed from
others); (b) any Products and portions therefore; (c) all things
otherwise provided to you as a part of The Site’s services, and; (d) any
other intellectual property rights afforded to The Site, either through
state or federal registration or as otherwise available at common law
(“Intellectual Property”). Except as stated below, The Site does not
grant you any rights to any Intellectual Property that may be available
to you generally through the Sites. You agree not to make unauthorized
use of or otherwise infringe upon The Site’s Intellectual Property in
anyway, and understand that it is your responsibility to ensure you
refrain from doing so. The Site will take whatever legal action is
necessary to protect its Intellectual Property in the event of such
infringement and asks that you carefully manage your use of the
Products, and any other downloaded materials or services to ensure
compliance with these Terms.
DISCLAIMERS
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR
ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH
THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED
CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT
PERMITTED BY LAW, THE SITE, ITS FRANCHISES AND AFFILIATES, AND THEIR
SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM,
COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH
RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES
AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, THE SITE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS
AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
(B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS
SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL
OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY
TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY
HARMFUL COMPONENTS (INCLUDING VIRUSES).
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE
POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS,
PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS,
OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL
HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO
ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF
OUR DIRECTORS, OFFICERS, FRANCHISEES, EMPLOYEES, AGENTS, SUPPLIERS,
LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY
LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING,
WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS
CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO
PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR
CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS
SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES
FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS
LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED
ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER
BASIS.
WAIVER
Our failure at any time to require performance of any provision of
these Terms of Use or to exercise any right provided for herein will not
be deemed a waiver of such provision or such right. All waivers must be
in writing. Unless the written waiver contains an express statement to
the contrary, no waiver by of any breach of any provision of these Terms
of Use or of any right provided for herein will be construed as a
waiver of any continuing or succeeding breach of such provision, a
waiver of the provision itself, or a waiver of any right under these
Terms of Use.
SEVERABILITY
If any provision of these Terms of Use is held by a court of
competent jurisdiction to be contrary to law, such provision will be
changed and interpreted so as to best accomplish the objectives of the
original provision to the fullest extent allowed by law and the
remaining provisions of these Terms of Use will remain in full force and
effect.
GOVERNING LAW, JURISDICTION AND VENUE
These Terms of Use will be governed under the laws of the country of
Canada without regard to its conflicts of law provisions. All actions or
proceedings arising out of or relating to these Terms of Use will be
venued exclusively in provincial or federal court in the Province of
Ontario, hereby irrevocably consent and submit to the personal
jurisdiction of said courts for all such purposes. However, we retain
the right to bring legal proceedings in any jurisdiction where we
believe that infringement of these Terms of Use is taking place or
originating.
INDEMNITY
You agree to indemnify, defend and hold harmless The Site harmless
from any loss, liability, claim, or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of your
use of this Site in violation of these Terms of Use and/or arising from a
breach of these Terms of Use and/or any breach of your representations
and warranties set forth above and/or if any material that you post
using this Site causes us to be liable to another.
THESE TERMS OF USE MAY CHANGE
These Terms of Use are current as of the effective date set forth
above. The Site reserves the right to change these Terms of Use from
time to time consistent with applicable laws and principles. These
changes will be effective as of the date we post the revised version on
this Site. Your continued use of this Site after we have posted the
revised Terms of Use constitutes your agreement to be bound by the
revised Terms of Use. If at any time, you choose not to accept these
Terms of Use, you should not use this Site.
ENTIRE AGREEMENT
These Terms of Use (together with our Privacy Policy and any Privacy
Notices or click-through agreements applicable to you) contain the
entire understanding and agreement between you and The Site with respect
to this Site and supersede all previous communications, negotiations,
and agreements, whether oral, written, or electronic, between you and
The Site with respect to this Site and your use of this Site.
DEFINITIONS
The term “Content” refers to all the software and code comprising or
used to operate this Site, and all the text, photographs, images,
illustrations, graphics, sound recordings, video and audio-video clips,
and other materials available on this Site.
The term “including” means “including, but not limited to.”
The term “Site” refers to any website owned by Two-Brain Business Incorporated on which these Terms of Use are posted.
QUESTIONS
If you have any questions about this Site or these Terms of Use, please contact us using the following information:
Two-Brain Business Incorporated
Attn: Terms of Site
96 White Oak Drive E
Sault Ste. Marie, ON P6B 4J8
Canada