This site is operated by Rough & Tough("Operator") to and use of this World Wide Web site ("The roughandtough.ca Web site") is provided subject to these terms and conditions. PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. These terms may be modified from time to time without notice to you. You are responsible for checking these terms periodically for changes. Your continued use of the roughandtough.ca Web site constitutes your acceptance of the modified terms and conditions.
USE OF MATERIAL ON THE ROUGHANDTOUGH.CA WEB SITE
The information, artwork, text, video, audio, or photographs (collectively, "Materials") contained on the roughandtough.ca Web site are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes. You may not modify or use the Materials for any other purpose without Operator's express written consent . Except as provided below, you may not reproduce, republish, post, transmit, publicly perform, publicly display or distribute any Materials on the roughandtough.ca Web site.
You may print Materials on the roughandtough.ca Web site for personal or educational purposes only, and you must include any copyright notice originally included with the Materials in all copies.
Any computer software downloadable or otherwise available from the roughandtough.ca Web site is licensed subject to the terms of the applicable license agreement. Any services purchased or otherwise made available from the roughandtough.ca Web site are licensed under the terms of the applicable terms of service agreement.
The Materials included on the roughandtough.ca Web site have been compiled from a variety of sources, and are subject to change without notice.
All media files on the roughandtough.ca Web site are protected by copyright laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any media files made available for playback on the roughandtough.ca Web site without obtaining the express written consent of the Operator. You may not link directly to any media file located on a roughandtough.ca server, and you should not attempt to "pass-off" any roughandtough.ca content as your own work.
SITES LINKED FROM THE ROUGHANDTOUGH.CA WEB SITE
The sites linked from the roughandtough.ca Web site are not under Operator's control, and Operator does not assume any responsibility or liability for any communications or materials available at such linked sites. Links on the roughandtough.ca Web site are not intended to be referrals or endorsements of the linked entities; they are provided for convenience only. You are solely responsible and liable for any interactions you may have with any such linked entities, their sponsors and other third parties, including but not limited to, the delivery or and payment for goods and services, and any other terms, conditions, warranties or representations associated with such interactions. Operator shall not be responsible or liable for any part of any such interactions.
FRAMING OR LINKING TO THE ROUGHANDTOUGH.CA WEB SITE
You may not link to or frame the roughandtough.ca Web site without obtaining the express written consent of Operator.
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being the "Account Information"). You agree to update your Account Information in order to keep such information current.
During the registration process, you will create a password and a user name. Once you have completed the registration process, we will set up a profile for you. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your profile.
"Forums" mean any chat area, poll, bulletin board, e-mail or other interactive function offered as a part of the roughandtough.ca Web site. All information, advice, files, links, communications or other materials posted by you (User-Supplied Materials) to any Forum shall be your responsibility. You shall not post or transmit via any Forum any User Supplied Materials which infringe a third party's rights, including without limitation any privacy, publicity or intellectual property rights, or that are unlawful, untrue harassing, libelous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, worms or similar software) or that is otherwise objectionable. You shall use the roughandtough.ca Web site for lawful purposes only.
The Forums shall be used only in a noncommercial manner. You shall not, without Operator's express approval, distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services.
By submitting User-Supplied Materials to any Forum, you grant, or warrant that the owner of any such User-Supplied Materials has expressly granted, to Operator a royalty-free, non-exclusive, perpetual, right and license to use, reproduce, modify, publish, and distribute all such User-Supplied Materials and/or to incorporate such materials in other works in any form, media, technology now known or later developed and to sublicense any and all such rights to third parties.
Operator shall have the right, but not the responsibility, to monitor and/or remove any User-Supplied Materials posted by you to the roughandtough.ca Web site deemed harmful or offensive in Operator's sole discretion, or that otherwise violate these terms and conditions or any other terms and conditions which Operator may institute from time to time. Operator shall have no liability for the failure to receive or for the removal of any such materials.
Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of Operator. Operator makes no representations or warranties regarding the Forums and neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the roughandtough.ca Web site. It is your responsibility to evaluate or seek the advise of professionals to assist you in the evaluation of the accuracy, completeness, or usefulness or any Information provided in connection with or otherwise available on the roughandtough.ca Web site.
You agree to indemnify and hold Operator harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to any information you submit, post, transmit or make available through the roughandtough.ca Web site, your use of the roughandtough.ca Web site, your connection to the roughandtough.ca Web site, your violation of these terms and conditions, or your violation of any law, regulation or third-party right.
DISCLAIMER OF WARRANTY
The services, products, Materials, information, advise, or other data (collectively, "Information") made available at the roughandtough.ca Web site are provided "AS IS" and "AS AVAILABLE" basis, without warranties of any kind. Your use of the roughandtough.ca Web site and Information is at your own risk. Operator expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Operator shall have absolutely no liability whatsoever in connection with the Information including, without limitation, any liability for damage to your computer hardware, data, information, Materials and business resulting from the Information or the lack of information available on the roughandtough.ca Web site. Operator shall have no liability for: 1. Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information; 2. Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or 3. Any decision made or action take or not taken in reliance upon the Information furnished hereunder.
Operator makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. Operator makes no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected.
LIMITATION OF LIABILITY
In no event shall Operator be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of or relating to your use of, reliance on, or inability to use the roughandtough.ca Web site and/or the Information or any part thereof, or from the use of the Internet generally, even if Operator has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you, but they shall apply to the maximum extent permitted by law.
COPYRIGHT AND TRADEMARK NOTICE
Copyright Rough & Tough and/or its licensors, 2007, all rights reserved. Rough & Tough is the registered trademark of Rough & Tough. Other product and company names mentioned herein may be the trademarks of their respective owners.
COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURE
Operator's designated agent for notice of claims of copyright infringement related to the 4thwave.ca Web site is:
Rough & Tough
4 Clearlake Avenue
You agree to comply with all applicable laws regarding the transmission of technical data exported from the Canada to the country in which you reside. No delay or failure to take action under these terms and conditions shall constitute any waiver by Operator of any provision of these terms and conditions. These terms and conditions (including all documents expressly incorporated by reference) constitutes the complete and exclusive agreement between Operator and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. If any provision of these terms and conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. These terms and conditions will bind and inure to the benefit of each party's permitted successors and assigns. These terms and conditions are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these terms and conditions shall be null and void. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.