Posted Date: February 14, 2011
GFS Canada Company, Inc. (“GFS Canada”) provides the www.gfs.ca website and the websites of each of its divisions which is accessible from and linked to gfs.ca, (collectively the “Website”) to you subject to your agreement to and compliance with the terms and conditions below. BY ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS, BROWSE OR USE THE WEBSITE.
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You are granted permission to view, electronically copy and to print (in hard copy) the material and content that is available on the Website to assist you in placing orders with GFS Canada and for reference, training and informational purposes (the “Authorized Purposes”), in accordance with applicable law. Other than for the Authorized Purposes, you agree that you are only authorized to use the Website for your own personal use, and that you will not duplicate, download, publish, modify or otherwise distribute the Website or any part thereof (excluding reasonable reproductions for caching purposes) for any purpose other than the Authorized Purposes. GFS Canada may terminate your right to use or access the Website at any time at GFS Canada’s sole discretion.
Access and Interference
You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy the Website without GFS Canada’s prior written consent. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the software and hardware infrastructure relating to the Website.
Intellectual Property Rights
The Website, its design, content, text, graphics, video and audio and the selection and arrangement thereof are the property of GFS Canada or the party credited as the author thereof on the Website (if any), and are protected by copyright. None of the content found on the Website may be reproduced, republished, distributed, displayed, sold, transferred or modified without the express written consent of GFS Canada.
GFS, GFS Canada Company, Inc., GFS Connect and certain other marks and designs appearing on the Website are registered, advertised and/or common law trademarks of GFS Canada. or its affiliates. Other trademarks and design marks appearing on the Website are trademarks of their respective owners, and are used by GFS Canada under license. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademark contained therein except with the express written permission of GFS Canada or the respective owner of the applicable. trademark or design mark.
The Website and its content are provided “as is” without warranty, representation or condition of any kind. GFS Canada does not represent, warrant or guarantee the quality, accuracy, completeness, reliability or timeliness of the information provided on the Website. or that any use of the Website will be uninterrupted or error free. GFS Canada expressly disclaims all warranties and conditions regarding the use of the Website or the information provided therein, including all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, title, and non-infringement.
Without limiting the generality of the foregoing, GFS Canada does not represent or guarantee the accuracy of the Frozen Fried Potato Calculator or other similar tools on the Website, whether reliant on user input or otherwise. Such tools are provided for demonstration purposes only and is not to be relied upon without independent verification.
Any quotations, estimates or other price information, product guides, equipment and supply guides and other sales or order information available on the Website is subject to change without notice.
Limitation of Liability
GFS Canada is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
GFS Canada assumes no responsibility, and shall not be liable for, any damages (including without limitation any loss of data) to, or any viruses, malware or other malicious software affecting, your computer equipment or other property on account of your access to, use of, or browsing on the Website, your downloading of any materials, data, text, images, video or audio from the Website, your use of any third party software embedded to the Website, or in any way related to the fact that transmission of data or information over the Internet is not secure and is subject to possible loss, interception or alteration while in transit.
In no event shall GFS Canada be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Website or content found therein, the operation of the Website, or any failure or delay in the operation of the Website (including, but not limited to the inability to use any component of the Website for orders) even if advised of the possibility of damages.
Linking to the Website
You will not link to any portion of the Website other than to www.gfs.ca or the head URL of GFS Canada’s divisions, without any “deep linking”. Such link must be a text-only link containing the name “GFS Canada” or “GFS Canada Company, Inc.” or the URL of the link and, when activated by the user, display the Website in a full screen and not within a “frame”.
Third Party Links and Content
The Website may contain links to third party websites., content or material. These links, are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by GFS Canada of the linked website, the information contained therein or website’s security or privacy practices or of the content or material. GFS Canada shall not be responsible for the content of any third party linked websites, content or material and makes no representation or warranty whatsoever regarding any such third party website, content or material. If you access any such third party website, content or material, you do so at your own risk.
You agree to indemnify, defend and hold GFS Canada and its affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your access to, use of or browsing on the Website or to your breach of these Terms and Conditions.
Terms and Conditions May Apply
Additional or other terms and conditions may apply to orders made through the Website or third party websites linked therefrom. Additional or other terms and conditions may also apply to specific website functions available on the Website subject to the notices contained thereon.
Modification to the Terms and Conditions
GFS Canada reserves the right to change these Terms and Conditions at any time by updating this posting. Your access to or use of the Website after any such change indicates your acceptance of the Terms and Conditions as modified. It is your responsibility to review these Terms and Conditions regularly.
These Terms and Conditions shall be governed by the laws of the Province of Ontario and the applicable law of Canada, without regard to their conflict of laws provisions.