Terms & Conditions
TERMS OF USE
BY ACCESSING OR USING THIS WEBSITE, OR ANY OTHER WEBSITE OWNED BY TOPSTONE (COLLECTIVELY “WEBSITE”), YOU AGREE TO BE BOUND BY THE TERMS OF USE (“TERMS”) OUTLINED BELOW. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE STOP IMMEDIATELY FROM USING THIS SITE.
1. Acceptance of Terms
By continuing your use of this Website (which includes visiting the Website regardless of whether or not you engage in any commercial activities), you are explicitly agreeing to abide by the Terms outlined below by TOPSTONE. If at any point you do not agree with the Terms, please stop your use of the Website immediately.
2. Right to make Changes
TOPSTONE reserves the right to make changes to the Terms at any time and your continued access to or use of the Website after such changes occur indicates your implied acceptance of such revised Terms. It is your responsibility to review the Terms regularly. TOPSTONE has the right at any time to change or discontinue, in whole or in part, at its sole discretion, without notice, any aspect, content, feature, promotion or anything else in relation to the Website. Any changes or modifications to the Website shall take effect immediately.
3. Copyright
The entire content included in the Website, including but not limited to text, information, designs, photographs, graphics, images, illustrations, codes, audio clips, sounds, video clips, software, including without limitation the TOPSTONE logo (collectively “Content”) are the proprietary property of TOPSTONE or its licensors and content suppliers and protected by applicable copyright laws.
4. Trademarks
TOPSTONE, its logo, and all other product or service names or slogans displayed on the Website are registered and/or common law trademarks of TOPSTONE and/or its content suppliers or licensors. You shall not copy, imitate, use, in whole or in part any trademark displayed on the Website without the express written permission of TOPSTONE or the relevant owner of the trademark.
All Content located in or on this Website is the exclusive property of TOPSTONE or used with the express permission of the respective trademark owners. Any violations of these trademark terms may subject you to civil or criminal penalties.
5. Disclaimer
TOPSTONE intends that the Website, all Content contained therein and any services provided on or in connection with the Website are provided to you on an “as is” and “as available” basis and without warranty or condition or any kind, whether express or implied. To the fullest extent permissible pursuant to applicable laws, TOPSTONE disclaims all warranties, express or implied, including without limitation, implied warranties or conditions of merchantability or fitness for a particular purpose, non-infringement, that the Website will be uninterrupted, free of viruses and error free, and warranties arising from course of dealing or course of performance. TOPSTONE does not represent or warrant that materials in the Website are accurate, complete, reliable, current or error-free and expressly disclaims any warranty or representation as to the accuracy or proprietary nature of the Website.
6. Limitation of Liability
By using the Website you agree not to assert any claims or allegations of any nature whatsoever against TOPSTONE, its affiliates, or their respective directors, officers, employees or agents arising out of or in any way relating to your use of the Website, the services, the Content or any information or material contained in or accessible through the Website.
In no event shall TOPSTONE, its directors, officers, employees, affiliates, successors or assigns or other representatives be liable, whether in contract, warranty, tort (including negligence, whether active or passive or imputed), product liability, strict liability or other theory, to you or any other person for damages (including, without limitation any direct, indirect, incidental, special, exemplary, punitive, or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this Website or any Content on this Website, even if TOPSTONE or its representative has been advised of the possibility of such damages. If you are dissatisfied with this Website and the Content thereon, or the Terms, your sole and exclusive remedy is to discontinue use of this Website. Notwithstanding the above, in no event shall the aggregate liability of TOPSTONE for all damages, losses and causes of action whether in contract, tort (including without limitation negligence) or otherwise exceed the amount paid by you for accessing the Website or services.
7. Indemnity
By using and accessing this Website you agree to defend, indemnify and hold harmless TOPSTONE and its affiliates as well as their respective directors, officers, trustees and employees from any and all liabilities, costs and expenses, including reasonable attorney’s fees, related to any violation of these Terms by you or users of your account, or in any way arising out of the use of this Website, including without limitation, the placement or transmission of any information or other materials on this Website by you or users of your account.
8. Prohibited Use of the Website
You shall not use this Website in any way that would interfere with its operation nor submit any content to this Website which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other laws.
You expressly agree not to post, upload, transmit, publish, distribute, store, create or otherwise disseminate through this Website any information, data, materials or Content that:
- Is unlawful or criminal, including but not limited to any crimes relating to pornography, threats, intimidation, hate, assault, or fraud;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party;
- Could encourage, constitute, or provide instructions for a criminal offense, local, provincial, national or international law;
- Could interfere, harm infringe or otherwise violate the rights of any person;
- Could be misleading or false;
- Could impact the use of this Website by other users, including the posting or transmitting of information or software containing viruses or other disruptive components;
- Contains indecent, lewd, suggestive, or offensive material, including without limitation material intended for an adult audience;
- Contains unsolicited promotions, political campaigning, advertising or solicitations.
TOPSTONE takes no responsibility and expressly disclaims all liability for any Content posted, uploaded or otherwise disseminated by you or any third party, or for any loss or damage thereto, nor is TOPSTONE liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter on this Website. TOPSTONE reserves the right to remove any information that you post, upload, publish, transmit, distribute, or otherwise use this Website at any time, at its sole and absolute discretion without prior notice.
9. Third party links on this Website
This Website may contain links to external websites and external content not maintained or controlled by TOPSTONE. You use these external websites and content at your own risk. TOPSTONE provides access to these external links and content solely for your convenience and makes no endorsements, warranties, representations or affiliations with such external links and external content. TOPSTONE assumes no responsibility for external content. It is your responsibility and obligation to review applicable terms and policies contained on such external websites.
For further clarification, under no conditions will TOPSTONE be liable or responsible for any loss, claims or damages resulting from your reliance on information provided by TOPSTONE or obtained from TOPSTONE Website. As a user, it is your sole responsibility to evaluate the correctness, accuracy and usefulness of any information, materials, opinions or other content available through the Website and external websites or links.
10. Privacy Policy
TOPSTONE privacy policy is a binding an integral part of these Terms and is hereinafter included by reference.
11. Entire Agreement
These Terms, together with the Privacy Policy and Advertising Terms and Conditions constitute the entire agreement between TOPSTONE and you regarding the subject matter of this agreement and supersedes all prior or contemporaneous communications, whether electronic, oral or written between TOPSTONE and you with respect to such subject matter.
12. Severability
In the event that any provision of the Terms is determined to be unenforceable or invalid by a court of competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. TOPSTONE 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.
13. Governing Law
The Terms, Privacy Policy and Advertising Terms and Conditions, including any order or purchase made through this Website shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. The parties hereby attorn and agree to the exclusive jurisdiction of the Courts of Ontario.