TERMS OF USE 

 

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE.  

IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS SITE. 

 

The materials made available in this site, including materials in linked sites directly or indirectly accessible from this site, are provided "as is" without warranties of any kind, either express or implied, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, title, or noninfringement. We do not warrant that the materials will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction.  

 

The materials that can be accessed from linked sites are not maintained by us and we are not responsible for the contents thereof. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use.  

 

Under no circumstances shall we, nor our affiliates, agents, and suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the materials available in this site or any linked site, even if we are advised of the possibility thereof, nor for any claim by a third party.  

 

This site is for your personal and noncommercial use, and you agree to use this site for lawful purposes only. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in anyway exploit copyrighted or proprietary materials available in this site, except as expressly permitted by the respective owner(s) thereof. Use of any software available for downloading from the site is governed by the terms of the applicable license agreement accompanying or included with the software. All trademarks, service marks, and trade names in this site are the marks of the respective owner(s), and any unauthorized use thereof is strictly prohibited.  

 

You agree to defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including attorney's fees, errors, omissions, and incorrect pricing) arising out of your use of this site.  The terms of use shall be governed in accordance with the laws of the province of Ontario, Canada, excluding its conflict of laws provisions. We reserve the right to add, delete, or modify any or all terms of use at any time with or without notice.

 

CUSTOMER RATINGS & REVIEWS AND QUESTION & ANSWER TERMS OF USE ("Terms of Use") 

These Terms of Use govern your conduct associated with the Customer Ratings & Review (the "CRR") and the Question & Answer (the "Q&A") forums offered by Toshiba of Canada Limited (Toshiba Canada) as a free service to users who agree to abide by the following terms and conditions. To the extent of any conflict between Toshiba Canada’s  Privacy Policy and these Terms of Use, these Terms of Use shall prevail with respect to the CRR or Q&A forums. 

 

1. Representation & Warranties  

 

By submitting any content to Toshiba Canada, you represent and warrant that:

 

  • you are the sole author and owner of the intellectual property rights thereto;
  • all "moral rights" that you may have in such content have been voluntarily waived by you;
  • all content that you post is accurate;
  • you are at least 13 years old; and that
  • public use of the content you supply on these forums does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  • that is known by you to be false, inaccurate or misleading;
  • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • that is, or may reasonably be considered to be, inaccurate, abusive, vulgar, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, threatening or harassing to any individual, partnership or corporation;
  • for which you were compensated or granted any consideration by any third party;
  • that includes any information that references other websites, addresses, email addresses, contact information or phone numbers or any material that has been copied from another individual or entity; or
  • that contains any computer viruses, worms or other potentially damaging computer programs or files.

2. Intellectual Property  

 

Any content that you submit to Toshiba Canada, either directly or through its third party service providers, you acknowledge and agree that Toshiba Canada shall own all right, title and interest in and to such content, including all modifications, improvements, upgrades, derivative works, and feedback related thereto and all intellectual property rights therein. To the extent applicable, you agree to assign to Toshiba Canada a perpetual, irrevocable, royalty-free, and transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, and/or create derivative works from, sell, distribute, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

 

 

3. Indemnity & Liability  

 

You agree to indemnify and hold Toshiba Canada (and its officers, directors, agents, subsidiaries, joint ventures, employees, representatives, and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of any third party. In no event will Toshiba Canada be liable to any party for any direct, indirect, special or other consequential damages for any use of the CRR and Q&A forums, including forum participants following tips and/or advice posted on these forums.

 

Information on these forums may contain inaccuracies or typographical errors. Toshiba Canada is not responsible for any postings on the CRR and Q&A forums nor does Toshiba Canada guarantee the accuracy, reliability or completeness of any information provided in these forums. Forum participants are solely responsible for their use of the forums. While Toshiba Canada will make reasonable efforts to monitor the CRR and Q&A forums, it cannot effectively monitor all material posted and, therefore, makes no representation or warranty with respect thereto and assumes no liability for incorrect product information, mistakes, misinformation, falsehoods, profanity, obscenity, or other inappropriate material posted by any forum participant. Information on the CRR and Q&A forums is provided “AS-IS” without warranty of any kind, either express or implied.

 

 

4. General  

 

The CRR and Q&A forums are a public forum. Messages, questions, tips, advice and answers posted here can be viewed by the public and reflect solely the opinions of the forum participants, including without limitation, Toshiba Canada product suppliers, and in no way reflect the opinion of or are endorsed by Toshiba Canada. You therefore acknowledge that you, not Toshiba Canada, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Toshiba Canada, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

 

Ratings and reviews and questions and answers are generally posted within two to four business days. Toshiba Canada reserves the right, at its sole discretion and without notice, to modify, condense or delete any content on the CRR and Q&A forums that Toshiba Canada deems, at its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Toshiba Canada  does not guarantee that you will have any recourse through Toshiba Canada to edit or delete any content you have submitted.

 

By submitting your email address in connection with your rating and review and/or question and answer, you agree that Toshiba Canada may use your e-mail address to contact you about the status of your rating and review, question and answer, and for other administrative purposes.

 

By use of the CRR and Q&A forums, forum participants hereby expressly acknowledge and agree to the foregoing terms and conditions.

 

 
 
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