Terms of Use « Titan Research Group

Terms of Use

Last revised: October 18, 2014

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE. By using the Web Site, you are agreeing to comply with and be legally bound by these Terms of Use concerning access to and use of the Web Site and Content provided on the Web Site

Welcome to the Titan Research Group Web site (http://www.titanresearch.ca) (the “Web Site”, “Site”). The Web Site is operated by Titan Research Group (6870830 Canada Inc) (“TRG”, “we”, “us” or “our”). The Web Site provides you with access to reports, graphics, images, documents, materials, webinars, information, products and services which may include text, images, audio clips, video clips, software and other materials (the “Content”) are provided for informational purposes only.  If you do not agree with these terms and conditions, do not access the Web Site and do not download, link to, or otherwise reference any Content.  Some areas of the Web Site may have additional terms of use posted. If there is a conflict between the Terms of Use and the terms of use posted for a specific area of the Web Site, the latter shall control your use of that area of the Web Site.

If you are accessing this Web Site as a paid customer or subscriber of our products or services, then your use of such products or services will also be governed by your specific agreement(s) with us for such products or services (the “Product Agreements”). If the terms of any Product Agreement contradict these Terms of Use, then the Product Agreement will take precedence and govern your use of such products and services.

We may change these Terms of Use at any time without notice to you. Your use of the Web Site after any changes have been posted will constitute your agreement to the Terms of Use and all of the changes or modifications made thereto effective retroactively. Accordingly, you should read these Terms of Use from time to time for any changes.

Forward Statement

Certain statements made on the Site which describe TRG’s intentions, expectations or predictions, are forward looking and are subject to important risks and uncertainties. The results or events predicted in these statements may differ materially from actual results or events. There are a number of factors that could cause results or events to differ from current expectations. TRG disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. Our site may make use of cookies in the future to make sure you don’t see the same elements of the site repeatedly. We may also use cookies to deliver content specific to your interests and to save your password, if any, so you don’t have to re-enter it each time you visit our site.

Use of Web Site Content

You may not post, upload, publish, reproduce, transmit or otherwise distribute information or other material on this Site: (i) constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (ii) which is protected by copyright, or other intellectual property right, or derivative works thereof, without obtaining permission of the copyright holder; or (iii) otherwise use this Site in a manner which is contrary to law or which would adversely impact use of the Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components.

Unlawful and Other Prohibited Uses of the Web Site

You agree not to use the Web Site for any purpose that violates any applicable law or that is prohibited by the Terms of Use or the terms of use posted for a specific area of the Web Site. You may not cause, or attempt to cause, damage to the Web Site, and you may not disable, overburden, impair or interfere with the operation of the Web Site or any of our computer systems or networks. You may not gain, or attempt to gain, unauthorized access to any Restricted Areas of the Web Site or to any of our computer systems or networks. You may not use any spider, robot, scraper, or other automated means to access or use the Web Site, the Content, or any computer system or network of TRG or its parent or affiliates, without our prior written permission.

Proprietary Rights

You acknowledge that the Web Site and the Content are the property of TRG, its affiliates, or its licensors, and are protected by copyright, trademark and other intellectual property laws. Nothing in these Terms of Use or on the Web Site will be construed as granting you any right to use any trademarks, service marks and logos displayed on the Web Site. You agree not to use any name, trademark or logo of TRG or any of its parents, affiliated or subsidiary companies, in any advertising or promotional materials, or to suggest any relationship between you and us, or in any manner that would infringe any of our rights.

Restricted Areas, Passwords and Security

Certain areas of the Web Site may be accessed and used only by clients to whom TRG has issued passwords (“Restricted Areas”). You are not authorized to access or use Restricted Areas unless you have received a password from us, or from your employer in accordance with its license agreement with us. You may not share your password or access to the Web Site, and you may not use another person’s password to access the Web Site.

If you are authorized to access and use a Restricted Area because you have received a password from us or from your employer in accordance with its agreement with us (an “Authorized User”), you are responsible for maintaining the confidentiality of your password. You agree that you will not share your password with any other person or entity. You are responsible for all activities that occur in connection with your password, and you agree to notify us immediately of any unauthorized use of your password or account. You agree not to reproduce, distribute, display, perform, transmit, create derivative works of, or otherwise make available, any Content from Restricted Areas, in whole or in part, except as expressly allowed by the Terms of Use or by the express terms of the applicable contract between you or your employer and TRG.

Copyright

All Content published on or otherwise accessible through this Site is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by TRG or its content suppliers. You may only use or reproduce the information in the Content for your own personal, non-commercial or educational use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on or accessed through the Site, and maintain such notices in the Content.

Trademarks

The TRG logo, is a trademark of TRG or its related companies, which may be registered in Canada and other countries. Other TRG product or service names or logos referenced in the Site are trademarks or registered trademarks of TRG or its related companies. All other products, services and company names mentioned in the Site may be trademarks of their respective owners. Not all of the logos, trademarks or tradenames of TRG and its related companies are used on this Site, nor all of those logos, trademarks or tradenames licensed to TRG or its related companies by third parties. The absence of a product or service name or logo from this list does not constitute a waiver of the trademark or other intellectual property rights of TRG or its related companies concerning that name or logo. You may not use any trademark displayed on the Site without the written permission of TRG or the relevant owner of the trademark.

Termination of Use

You agree that we may, in our sole discretion, terminate your access to the Web Site. We may monitor all access to and activity on the Web Site.

Disclaimer of Warranties

Except where expressly provided otherwise, the Web Site and Content are provided “AS IS.” We, to the fullest extent permitted by law, disclaim all warranties of any kind (express, implied or otherwise) regarding the Web Site and the Content, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not make any warranty about the accuracy, reliability, completeness, timeliness, or quality of the Web Site or the Content. We do not warrant that the Web Site will operate without error or interruption or that it is secure.

Limitations of Liability and Remedies

(a) Your use of the Web Site and the Content is at your own discretion and risk. If you are dissatisfied with the Web Site or the Content, your exclusive remedy is to stop using the Web Site and the Content.

(b) In no event will we be liable to you for any direct, indirect, special, incidental, consequential, exemplary or other damages of any kind (including, without limitation, damages or costs resulting from loss of profits, revenue or business, or resulting from any error in the Content, or resulting from any decision made or action taken by you in reliance on the Content, or resulting from any unavailability of the Web Site, or resulting from harm to or loss of equipment, software or data, or resulting from any claim against you by a third party) arising out of or in connection with the Web Site or the Content, even if we are negligent or otherwise at fault, and regardless whether we are advised of the possibility of such damages.

(c) The foregoing exclusions and limitations of liability and remedies will apply, to the fullest extent permitted by law, in all actions of any kind, whether based on contract, tort, or any other legal or equitable theory. Each of these exclusions and limitations is intended to be separately enforceable, without regard to the other exclusions and limitations, and without regard to whether any other remedy under these Terms of Use fails of its essential purpose.

(d) Some jurisdictions do not allow the disclaimer of certain warranties or the exclusion or limitation of incidental or consequential damages, and in such jurisdictions, our liability shall be limited to the fullest extent permitted by law.

Indemnity

You agree to defend, indemnify and hold harmless TRG, its parent, affiliated and subsidiary companies, and its and their officers, directors, employees and agents, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal and attorney’s fees) resulting from your breach of any provision of these Terms of Use or your use of or reliance on the Web Site or the Content for any reason whatsoever.

Links to Other Sites

The Web Site may contain links to third-party web sites maintained by others. These links are provided solely as a convenience to you and not as an endorsement by us of the contents of any such third-party web sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such sites. If you decide to access linked third-party web sites, you do so at your own risk.

Applicable Law and Jurisdiction

All matters arising from or relating to your access to and use of the Web Site, or these Terms of Use and the validity, construction and effect thereof, will be governed by the laws of the province of Ontario, Canada without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to these Terms of Use or your access to or use of the Web Site will be heard and resolved exclusively in the applicable courts of the province of Ontario, Canada. You hereby consent to the personal jurisdiction of such courts over you, and waive and agree not to assert any objection to proceedings in such courts (including lack of proper jurisdiction or venue or inconvenience of forum).

General

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, will be struck, and will not affect the validity or enforceability of the remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire agreement between you and us with respect to the subject matter hereof.

Territory

The TRG site originates in Canada. TRG’s products and services are offered in TRG’s operating territory.

Changes

TRG reserves the right to change or remove any Content from the Site, in whole or in part, at its sole discretion, at any time, without notice.

Miscellaneous

These Terms and Conditions and any other documents referenced herein, constitute the entire agreement between TRG and you with respect to your use of this Site. TRG’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the Terms and Conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. The parties have required that these Terms and Conditions and all related documents be drawn up in English.