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All users of this site agree that access to and
use of this site are subject to the following Terms of Use, our
Privacy Policy, and applicable law. If you do not agree to any of
the foregoing, you may not use this site. By accessing or using
this site, you agree to be bound by this agreement. The information
and services on this site are provided by Tomorrows Heroes
(www.tomorrowsheroes.com) and its suppliers, subject to your agreement
to the terms and conditions below.
Use of Information and Services
Tomorrows Heroes and its agents assume
no responsibility for any consequence relating directly or indirectly
to any action or inaction you take based on the information, services
or other material on this site. The information (including, without
limitation, advice and recommendations) and services on this site
are intended solely as a general educational aid and are neither
medical nor health care advice for any individual problem nor a
substitute for medical or other professional advice and services
from a qualified health care provider familiar with your unique
facts. Always seek the advice of your physician or other qualified
health care provider with any questions you may have regarding a
medical condition and prior to starting any new treatment. Nothing
contained in this site is intended to be used for medical diagnosis
or treatment. The information and services are provided with the
understanding that neither Tomorrows Heroes nor its suppliers
or users are engaged in rendering legal, medical, counseling or
other professional services or advice. Your use of this site is
subject to the additional disclaimers and caveats that may appear
throughout this site.
Tomorrows Heroes and its suppliers assume
no responsibility for any consequence relating directly or indirectly
to any action or inaction you take based on the information, services
or other material on this site. While Tomorrows Heroes strives
to keep the information on this site accurate, complete and up-to-date,
Tomorrows Heroes and its suppliers cannot guarantee, and will
not be responsible for any damage or loss related to, the accuracy,
completeness or timeliness of the information.
User Contributions
Users who post materials to this site (e.g.,
on bulletin boards or chat rooms) agree to abide by the following
rules: (1) users may not post or transmit material that is libelous,
defamatory, obscene, fraudulent, harmful, threatening, abusive or
hateful, that violates the property rights of others (including,
without limitation, copyright or trademark rights), that violates
the privacy or publicity rights of others or that is in violation
of applicable laws; (2) users may not interfere with other users'
use and enjoyment of this site; (3) users may not use this site
to conduct any activity that is illegal or that violates the rights
of others; (4) users may not use this site to advertise or sell
products or services to others; and (5) users must immediately inform
Tomorrows Heroes if they have reason to believe that a user
is infringing any copyrighted materials or is otherwise violating
these terms of use. A user posting material to this site represents
that such material is unique to the user or used with permission
of the copyright holder. Tomorrows Heroes has no responsibility
for the content of any material posted by users, but Tomorrows
Heroes reserves the right in its sole discretion to (1) edit or
delete any documents, information or other material submitted to
or appearing on this site, and (2) refuse access to the site to
any user that violates these terms of use. Bulletin boards and chat
rooms contain the opinions and views of other parents. Tomorrows
Heroes is not responsible for the accuracy of any messages on this
site and you should always consult a physician or other qualified
health care provider before relying on any information you find
on this site.
Tomorrows Heroes reserves the right to
block or remove communications or materials that it determines to
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive,
or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Tomorrows Heroes and its sole discretion and
without liability or prior notice to you.
By submitting any materials to Tomorrows
Heroes, you automatically grant, or warrant that the owner of such
materials has expressly granted, Tomorrows Heroes the royalty-free,
perpetual, irrevocable, non-exclusive and fully sub licensable right,
transferable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform
and display such materials (in whole or part) worldwide and/or to
incorporate them in other works in any form, media or technology
now known or later developed.
Links to Other Web Sites
This site may include links to other Internet
sites solely as a convenience to users. Tomorrows Heroes does
not endorse any such sites or the information, material, products
or services contained on or accessible through the sites, and your
access and use of such sites, including information, material, products
and services therein, solely at your own risk.
Disclaimer of Warranty
Tomorrows Heroes AND ITS SUPPLIERS DISCLAIM
ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION,
SERVICES AND MATERIALS CONTAINED ON THIS SITE, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THIS SITE
IS AT YOUR OWN RISK. ACCESS TO THIS SITE MAY BE INTERRUPTED AND
INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. NEITHER
Tomorrows Heroes, ITS SUPPLIERS NOR ANYONE ELSE INVOLVED
IN CREATING, PRODUCING OR DELIVERING THIS SITE OR THE INFORMATION,
SERVICES AND MATERIALS CONTAINED HEREIN ASSUMES ANY LIABILITY OR
RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY
INFORMATION, SERVICES AND MATERIALS PROVIDED ON THIS SITE. AND NOR
SHALL THEY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR
INABILITY TO USE, THIS SITE. ALL INFORMATION, SERVICES AND MATERIALS
ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY HAVE ANY
KIND, EXPRESS OR IMPLIED.
Limitation of Liability
IN NO EVENT, SHALL Tomorrows Heroes OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING
FROM THE USE OF, OR INABILITY TO USE, THE INFORMATION, SERVICES
OR MATERIALS ON, OR ANY GOODS OR SERVICES PURCHASED THROUGH, THIS
SITE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH
THIS SITE, Tomorrows Heroes LIABILITY, IN ANY CASE, IS EXPRESSLY
LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT Tomorrows
Heroes ELECTION, TO THE REPAYMENT OR CREDITING OF BUYER WITH AN
AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THIS
SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME
STATE STATUTES MIGHT APPLY REGARDING LIMITATION OF LIABILITY.
Confidentiality & Internet Transmissions
The transmission of data or information (including
communications by e-mail) over the Internet or other publicly accessible
networks is not secure, and is subject to possible loss, interception
or alteration while in transit. Accordingly, Tomorrows Heroes
does not assume any damage you may experience or costs you may incur
as a result of any transmissions over the Internet or other publicly
accessible networks, such as transmissions involving the exchange
of e-mail with us (including those which contain your personal information).
Personal information provided Tomorrows Heroes as a result
of your on-line purchase is treated as confidential, and will not
be sold, traded or rented to third parties. We do, however, share
your information with Tomorrows Heroes service providers for
the sole purpose of providing their services.
Indemnification
You agree to indemnify, defend, and hold harmless
Tomorrows Heroes and its affiliates, service providers, agents,
consultants, coordinators and suppliers (collectively the Service
Providers) from and against any losses, claims, expenses,
damages and costs, including reasonable legal fees, resulting from:
(1) any violation of the Terms of Use, (2) any activity related
to your account (including negligent wrongful conduct) by you or
any other person accessing the site using your Internet account
and (3) your posting of material to this site.
Proprietary Rights
The entire content and all materials in this
site (including but not limited to text, graphics, layout, organization
or code of the site) is property of Tomorrows Heroes or its
suppliers. You may display and subject to any expressly stated restrictions
or limitations relating to specific material, download or print
portions of the material from the different areas of the site solely
for your own non-commercial use. Any other use, including but not
limited to the reproduction, distribution, transmission, resale,
lease, public display or performance of the content of this site,
in whole or in part is strictly prohibited. You further agree not
to change or delete any proprietary notices from materials downloaded
from this site. All rights not expressly granted to you are reserved
by Tomorrows Heroes.
Changes to Site
Tomorrows Heroes and its suppliers may
make improvements or changes in the information, services, products
and other materials on this site, or terminate this site, at any
time without notice. Tomorrows Heroes may modify these terms
of use at any time, and such modifications shall be effective immediately
upon posting of the modified terms of use. Accordingly, you agree
to review the terms of use periodically, and your continued access
or use of this site shall be deemed your acceptance of the modified
terms of use.
Miscellaneous
These terms of use and the resolution of any
dispute related to these terms of use or this site shall be governed
by and construed in accordance with the laws of the Province of
Ontario and the laws of Canada, without regard to conflict of laws
provisions thereof. You agree that jurisdiction over and venue in
any legal proceeding directly or indirectly arising out of or relating
to this site shall be in the federal and provincial courts located
in Toronto, Ontario. Tomorrows Heroes failure to insist upon
strict enforcement of any provision of these Terms of Use shall
not be construed as a waiver of any provision or right. All trademarks
are the property of their respective owners.
This internet site provides information of a general
nature and is designed for educational purposes only. Please review
Terms
of Use and Privacy Policy before using
this site. Your use of the site indicates your agreement to be bound by the
sites conditions.
About Your Privacy - Personal Information:
We do not share personal information that you provide, including customer names,
e-mail addresses or any other information required for our e-mail subscriptions,
with any outside agencies or companies for their own marketing or promotional
purposes.
© 2002-2005 Tomorrow's Heroes
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