TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
1. Use of Site
TFS Canada grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the services, this Site solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Materials.
The Site and the Content are protected by Canadian and/or foreign copyright laws, and belong to TFS Canada or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by TFS Canada or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by TFS Canada,, for example in certain password-restricted areas of the Site). With the exception of the Sample Images, you may not manipulate or alter in any way images or other Content on the Site.
2.1. Sample Imagery
TFS Canada has included Sample Images on certain
pages within the Site, to demonstrate the capability of our team and other
services we provide. You may download, reprint and manipulate the Sample Images
for this purpose, but you may not crop or change the composition of the image,
or use the image for commercial purposes.
You are prohibited from using any of the marks or
logos appearing throughout the Site without permission from the trademark
owner, except as permitted by applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or
information are provided solely as a convenience to you. If you use these
links, you will leave the Site. Such links do not constitute or imply an
endorsement, sponsorship, or recommendation by TFS Canada of the third party,
the third-party web site, or the information contained therein. TFS Canada is
not responsible for the availability of any such web sites. TFS Canada is not
responsible or liable for any such web site or the content thereon. If you use
the links to the web sites of TFS Canada affiliates or service providers, you
applicable to those web sites.
5. Linking to this Site
If you would like to link to the Site, you must
follow TFS Canada’s link guidelines. Unless specifically authorized by TFS
Canada,, you may not connect “deep links” to the Site, i.e, create links to
this site that bypass the home page or other parts of the Site. You may not
mirror or frame the home page or any other pages of this Site on any other web
site or web page.
6. Downloading Files
TFS Canada cannot and does not guarantee or warrant
that files available for downloading through the Site will be free of infection
by software viruses or other harmful computer code, files or programs.
Any software available for download via the Site is
the copyrighted work of TFS Canada and/or its licensors. Use of such software
is governed by the terms of the end user license agreement that accompanies or
is included with the software. Downloading, installing, and/or using any such
software indicates your acceptance of the terms of the end user license
8. Disclaimer of Warranties
TFS Canada MAKES NO EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE
SERVICE OR THE CONTENT. TFS Canada EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND
ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. TFS Canada DOES
NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE
SERVICE WILL BE CORRECTED. TFS Canada DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE
CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS.
9. Limitation of Liability
BECAUSE SOME PROVINCES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH PROVINCES, TFS Canada’s
LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT
PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
You understand and agree that you are personally
responsible for your behaviour on the Site. You agree to indemnify, defend and
hold harmless TFS Canada, its parent companies, subsidiaries, affiliated
companies, joint ventures, business partners, licensors, employees, agents, and
any third party information providers to the Service from and against all
claims, losses, expenses, damages and costs (including, but not limited to,
direct, incidental, consequential, exemplary and indirect damages), and
reasonable attorneys’ fees, resulting from or arising out of your use, misuse,
or inability to use the Site, the Service, or the Content, or any violation by
you of this Agreement.
12. User Conduct
You agree to use the Site only for lawful purposes.
You agree not to take any action that might compromise the security of the
Site, render the Site inaccessible to others or otherwise cause damage to the
Site or the Content. You agree not to add to, subtract from, or otherwise
modify the Content, or to attempt to access any Content that is not intended
for you. You agree not to use the Site in any manner that might interfere with
the rights of third parties.
13. Unsolicited Idea Submission Policy.
TFS Canada or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should TFS Canada’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to TFS Canada or anyone at TFS Canada If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of TFS Canada, without any compensation to you; (2) TFS Canada will have no obligation to return your idea to you or respond to you in any way; (3) TFS Canada will have no obligation to keep your idea confidential; and (4) TFS Canada may use your idea for any purpose whatsoever, including giving your idea to others.
However, TFS Canada does welcome feedback regarding
many areas of TFS Canada’s existing businesses that will help satisfy
customer’s needs, and feedback can be provided through the many listed contact
areas on the Site. Any feedback you provide shall be deemed a Submission under
the terms in the User Supplied Information section above.
14. User Supplied Information
TFS Canada does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give TFS Canada the royalty-free, irrevocable, perpetual, worldwide right to use for quotation and production, display in our portfolio and marketing materials and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
You acknowledge that you are responsible for the information, photos, graphics, sounds and other content or material that you submit, upload, include in messages to other TFS Canada users or otherwise make available on or through the Site (each a “Submission”) through the services available in connection with this Site, and that you, and not TFS Canada,, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. You agree that TFS Canada is free to use a Submission for the purpose of providing you with the associated services and you grant TFS Canada a sublicense, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission.
You represent and warrant that: (i) you own all Submissions submitted by you on or through this Site or otherwise have the right to grant the licenses to TFS Canada set forth in this section, and (ii) the submission of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:
This list of prohibitions provides examples and is not complete or exclusive. TFS Canada reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that TFS Canada determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. TFS Canada may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at TFS Canada’s discretion, TFS Canada will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
These prohibitions do not require TFS Canada to monitor police or remove any Submissions or other information submitted by you or any other user.
15. Password Security and Password Restricted Areas of this Site
You may need a password to login to this Site and to use certain functions and areas within this Site. If you register to become a TFS Canada member/client, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to notify TFS Canada if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify TFS Canada of any unauthorized use of your account or any other breach of security in relation to this Site known to you.
16. General Provisions
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. TFS Canada therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. TFS Canada does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
d. Local Laws, Export Laws. TFS Canada controls and operates this Site from its headquarters in the Canada and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside Canada, you are responsible for following applicable local laws.
e. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
f. User Suspension. If you violate these Terms, TFS Canada may terminate and/or suspend your access to this Site without notice. TFS Canada prefers to advise you of your inappropriate behaviour and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by TFS Canada, may result in immediate termination of your access to this Site. TFS Canada has the right to terminate any password restricted account for any reason. Ontario law and controlling Canadian federal law, without regard to the choice or conflicts of law provisions will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in the Province of Ontario. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. TFS Canada’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and TFS Canada and supersede all prior or contemporaneous negotiations, discussions or agreements between you and TFS Canada about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
© Copyright 2010 TFS Canada. All rights reserved.
Date of Last Modification: October 5, 2011