PLEASE READ THIS DOCUMENT CAREFULLY.
IT SIGNIFICANTLY ALTERS YOUR LEGAL RIGHTS AND REMEDIES.
This is a legal agreement between you and Tre’dish Inc. (“we” or “us” or “Tre’dish”) regarding your use of the Tre’dish website, which is currently located at www.Tredish.com (the “Site”). If you do not accept these terms, you must not use the Site. We may change these terms from time to time without notice to you, by posting the revised terms on the Site.
The Site and all advertisements, offers, deals, information, data, images, artwork, text, videos, audio, pictures and other materials contained on the Site, and the website design, content and arrangement (collectively, the “Materials”) are provided “AS IS” and “AS AVAILABLE”.
We make no representations or warranties of any kind, express or implied, as to the operation of the Site, its services, or the Materials. While reasonable efforts have been made to ensure the Materials are accurate and reliable when it was posted on the Site, the Materials might not be accurate, complete or current. You use the Materials at your own risk and you should not rely on the Materials in situations where that reliance might result in any loss or damage to person or property.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SITE AND THE MATERIALS, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
YOU USE THE SITE AND THE MATERIALS AT YOUR OWN RISK. EXCEPT AS REQUIRED BY LAW, TRE’DISH WILL NOT BE LIABLE FOR ANY LOSS IN CONNECTION TO THE USE OF, OR INABILITY TO USE, THE SITE OR THE MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, TRE’DISH WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER IN CONNECTION WITH THE SITE OR THE MATERIALS, EVEN IF ANY OF THE FOREGOING IS FORSEEABLE OR WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE BASIS ON WHICH A CLAIM FOR DAMAGES IS MADE.
The Materials are protected by copyright laws. You must not copy, reproduce, republish, post, transmit, display, perform, distribute, modify or create derivative works from the Materials without our prior written approval. However, you may download one copy of the Materials for your personal, non-commercial viewing only, provided that you do not remove or alter any trademark, copyright or other proprietary notice.
If you believe that any material on our website infringes anyone’s copyright, please notify us here. Be sure to describe the copyrighted work that you claim has been infringed, and a description of where the alleged infringing material is located.
All trademarks and trade names appearing on the Site are owned by us or our licensors. You may not use any such trademarks without the express written permission of the trademark owner.
COMMUNICATION USING THE WEBSITE
The Site may contain bulletin board services, chat areas, news groups, forums and other communications facilities designed to allow you to communicate with others. You may not use these features or the Site to communicate anything defamatory, threatening, hateful, harassing, abusive, unlawful, vulgar, obscene, harmful or potentially harmful, or invasive of anyone’s privacy. We do not generally monitor and filter the content posted within these communications facilities; however, we may review and delete any materials without cause, notice or explanation.
You hereby grant us the non-exclusive, world-wide, irrevocable right and licence to use, copy, reproduce, republish, post, transmit, display, perform, distribute, modify and create derivative works from any comments, suggestions, feedback, material or information you post or otherwise provide to the Site or to us (“Your Postings”). You waive in favour of us and our successors and assigns all moral rights you may have in Your Postings.
You hereby represent and warrant that you have all necessary rights in and to each of Your Postings and that Your Postings, when displayed on the Site or otherwise used by us, will not infringe any proprietary or other rights of any third party. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US AND OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND REPRESENTATIVES FROM AND AGAINST ALL LOSSES, COSTS, DAMAGES, EXPENSES AND LIABILITIES (INCLUDING ACTUAL LEGAL FEES) ARISING FROM OR OUT OF OR AS A RESULT OF OR RELATING IN ANY MANNER WHATSOEVER TO ANY MATERIAL BREACH OF THE ABOVE REPRESENTATIONS AND WARRANTIES.
ACCEPTABLE USE POLICY
You must not:
• reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of the Site or Materials;
• create a link, name or label, or otherwise upload to or transmit from the Site any content, link or anything else that (if reproduced, published, transmitted or used) may:
• be defamatory, threatening, abusive, harassing, hateful, obscene, pornographic, harmful or invasive of anyone’s
privacy, or violent,
• violate any law including intellectual property, privacy or other laws;
• impersonate any person;
• give rise to civil or other liability; or
• relate to illegal drugs, weapons, gambling or other illegal activities;
• upload to or transmit from the Site any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component;
• use the Site to do or attempt to do any of the following without Tre’dish’s prior written permission:
• send spam or other bulk messages;
• gain unauthorized access to any data, network or system;
• conduct or promote any commercial activity;
• refer to any competitor of Tre’dish or any service that is similar to or competitive with the Site;
• monitor data or traffic on any network or system;
• obtain an email address, user name or other information about a third party without their consent;
• use any misleading, false or deceptive TCP/IP header information in any email or posting; or
• conduct or instigate any denial of service attack against Tre’dish’s website or network, or any third party’s
website or network;
• improperly make complaints or false reports on the Site;
• artificially inflate or alter ratings, views or statistics on the Site;
• falsify any data or information available on the Site;
• delete or modify any copyright or other intellectual property notices on the Site;
• avoid, circumvent, or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any of the Site or any hardware/software used to provide the Site, or third party hardware/software or services;
• interfere with the Site or any third party’s use of the Site; or
• authorize or encourage any third party to do any of the above.
OUR PRODUCTS AND SERVICES
The Site may describe products, programs and services that are not available or are prohibited in some jurisdictions. These descriptions do not imply that we intend to make those products, programs or services available in every jurisdiction, or that those products, programs and services may be used lawfully in your jurisdiction.
The sale or provision to you of our products and services are subject to additional terms and conditions, which we will provide to you when you sign up for an account with us or.
Links from the Site. The sites that are linked from the Site are not under our control, and we do not assume any responsibility or liability for any communications or materials available at those linked sites, or personal information collected about you from those sites. You may be charged fees to access or use the linked sites; these fees are not covered by any fees you pay to us. All links are provided for your convenience only; they are not an endorsement or referral by us.
Links to the Site. You must not link to the Site or any content on the Site except as explicitly permitted by this section or our policies. Your permission to link to the Site is expressly conditioned upon your compliance with the following restrictions:
• the link must resolve to the homepage, “Tredish.com”;
• the link must comply with the Site’s other policies regarding content;
• the link and surrounding materials must not deliver any the Site content in a framed environment, or alter the layout, content, look, or feel of the Site content;
• the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and the Site; and
• the link and surrounding materials must not portray the Site or its services in a false, misleading, derogatory, defamatory or otherwise offensive manner.
The laws in force in the province of Ontario, Canada, will govern this agreement and any claims you make against us regarding the Site, the Materials or our products or services. Any such claims will be filed only in the courts located in the province of Ontario. You hereby consent and submit to the personal jurisdiction of those courts for the purpose of litigating those actions.
We may amend this agreement at any time. Accordingly, you should periodically re-visit this page to review the then-current agreement governing your use of the Site. Certain portions of this agreement may be superseded by terms of other contracts between you and us. If any part of this agreement is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining disclaimers, terms and conditions. We reserve the right at any time to change or discontinue any feature of the website or begin charging for access to the website.