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TERMS OF USEPLEASE READ THE FOLLOWING CAREFULLY IMPORTANT! These Terms of Use govern your use of this site (“Site”) which is owned and operated by House Tonic Inc. (“House Tonic”, “We”, “Our”, “Us”). We are pleased that you wish to use the information and services, including the review and rating services, available on the Site (collectively, the “Services”). Please read these Terms of Use carefully before browsing the Site and using the Services. Any person who wishes to use this Site must accept these Terms of Use without change. By accessing this Site and using the Services, you are indicating your acknowledgment and acceptance of these Terms of Use and all related policies and guidelines of this Site, if any, as indicated in these Terms of Use are incorporated by reference. These Terms of Use or any other policies or guidelines governing the Site are subject to change by House Tonic at any time in its sole discretion. Any changes will be effective upon the posting of the revisions on the Site. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. Your continued use of this Site and the Services after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms of Use regularly . If you do not agree to any changes to these Terms of Use, please immediately discontinue your use of the Site and the Services. Your Registration Obligations In connection with your use of certain Services on the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information that you provide to this Site will be correct, current, and complete. If House Tonic believes that the information you provide is not correct, current, or complete, House Tonic has the right to refuse you access to this Site or any of its Services, and to terminate or suspend your access at any time. However, House Tonic has no obligation to verify the accuracy, currency completeness or usefulness of any information that you have provided. If you are a Service Provider (as described in Section 3), you may decide to provide Us with your profile information that will allow you to describe and showcase the home renovation and other services that your organization provides. If so, you agree to: (i) provide true, accurate, current and complete information about you and your organization, including name, e-mail address and information regarding your skill set as prompted by the Services’ registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree that you shall not impersonate or in any way misrepresent your authority to act on behalf of any person, company, or other entity. If you provide any information that is untrue, inaccurate, not current or incomplete, or if House Tonic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, House Tonic has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). If you are a User, i.e. a person or organization other than a Service Provider that wishes to use the Site and the Services, certain sections of this Site will only accessible to you with the use of a username and password that may be provided to you by House Tonic upon your completion of House Tonic’s User registration form located at register@housetonic.com. Upon submission of the User registration form to House Tonic, House Tonic may provide you, at its sole discretion, which may be unreasonably withheld, with a username and password via electronic mail to the address submitted by you to access the secure sections of this Site. Whether you are a User or Service Provider, you must be at least eighteen years old to use the registered Services. Your use of the registered Services is a representation to House Tonic that you are at least eighteen years of age. You agree to cooperate with House Tonic’s reasonable measures to verify your identity and authority in connection with your use of the Services. Restrictions On Use You may use this Site for your own internal business purposes as expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without House Tonic’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co‑brand this Site; (ii) frame this Site; or (iii) hyperlink to this Site, without the express prior written permission of an authorized representative of House Tonic. For purposes of these Terms of Use, “co‑branding” means to display any name, logo, trade-mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site or which may confuse a user as the nature of the relationship between any party and House Tonic. You agree to cease and desist causing any unauthorized co-branding, framing or hyperlinking upon notice from House Tonic and at all times you will cooperate with House Tonic following House Tonic’s discovery of any such illegal activity. The Site contains text (including descriptions of the products and services offered by contractors, cabinet makers, repair persons, electricians, home builders, interior decorators, remodellers, plasterers, plumbers, real estate inspectors, home renovators, decorators, tradespersons and other service providers)(collectively, “Service Providers”), graphics, photos, software, logos, icons and other materials (“Site Content”) furnished by House Tonic. The Site Content is protected under Canadian copyright, patent and trade-mark laws and other laws of Canada and other nations. All Site Content, including the collection, arrangement, and assembly of such content, is the exclusive property of House Tonic. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in anyway, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Site Content, in whole or in part, in an form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of House Tonic. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of House Tonic or allow any third party to access the Site Content. The restrictions set out herein shall not apply to the limited extent the restrictions are prohibited by applicable law. Permission is granted to you to download and make one printed copy of the Site Content for your own private, non-commercial use only, without alterations, so long as the following copyright notice is included: “Copyright © 2005 House Tonic International Inc. All rights reserved.” You do not acquire any ownership rights by downloading Site Content from the Site. Trade-marks, service marks, and logos appearing in this Site are the property of House Tonic or the party that provided the trade‑marks, service marks, and logos to House Tonic. House Tonic and any party that provided trade-marks, service marks, and logos to House Tonic retain all rights with respect to any of their respective trade-marks, service marks, and logos appearing in this Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark displayed on this Site. This Site may also contain information or materials (“Third Party Content”) that is owned or provided by persons other than House Tonic, including certain Service Providers (“Third Party Providers”). House Tonic makes no representations or warranties with respect to such Third Party Content and does not undertake to conduct any independent investigation of Third Party Content. Inclusion of Third Party Content from Third Party Providers on this Site does not mean, unless expressly stated otherwise, that House Tonic endorses or agrees with such Third Party Content. You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Third Party Content, in whole or in part, in an form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the Third Party Providers. You shall use your best efforts to stop any such copying or distribution immediately after you become aware of such use. You are granted a limited license to display on your computer, download, use and make one printed copy of the Third Party Content for your own private, non-commercial use only, so long as (i) you do not modify any such Third Party Content; and (ii) you ensure that any copyright or trade-mark notices contained in the specific Third Party Content are retained. Nothing in this limited license confers any ownership rights in the Third Party Content from any third party who has ownership rights in the Third Party Content available on the Site. The rights and limitations in this Section 4 are for the benefit of each Third Party Provider, each of which shall have the right to enforce its rights under this section directly and on its own behalf. Hyperlinks This Site contains hyperlinks to other sites that are not maintained by, or related to, House Tonic. Hyperlinks to such sites are provided solely as a convenience to you and do not imply any endorsement by House Tonic of, any affiliation with or endorsement by the owner of the linked site. House Tonic has no control over such third party sites. House Tonic is not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to the Site. House Tonic does not assume responsibility for the accuracy, completeness, accessibility and usefulness of the information, data, opinions, advice or statements contained at such sites and your access and use of such third party sites, including any information, material, products and services therein, is solely at your own risk. House Tonic accepts no liability for any direct, indirect, incidental, exemplary, consequential, punitive or other losses or damages of whatsoever kind arising out of access to or use of any hyperlinked website or any information or reliance on any such content, goods or services available on or through any such linked website. You also understand and agree that House Tonic’s Privacy Policy is applicable only while you are using the Site. Once you are linked to another website, you should read the privacy statement of that website before disclosing any personal information. Use of the Services You understand that the Services includes various kinds of information, including but not limited to descriptions of specific renovation, decorating, regular maintenance, repair and moving services offered by Service Providers who are listed on this Site. In addition, the Site contains the comments of other Users who have posted their reviews and ratings of Service Providers listed on the Site. While We attempt to be as accurate as possible regarding the Services, and to ensure that all information contained on the Site is accurate and up-to-date, We do not represent or warrant that the information contained on the Site (including any descriptions of services provided by the Service Providers or User comments) is accurate, complete, reliable, current or error-free. House Tonic does not independently assess the Service Providers nor otherwise verify the reviews and ratings of individual Service Providers provided by Users and listed on this Site nor the quality of services to be offered by any Service Provider on this Site. For greater clarity, the reviews and ratings made available through the Services do not represent the opinions of House Tonic regarding any Service Provider. Accordingly, you understand and agree that House Tonic (i) does not make any representations or warranties as to the quality of any services obtained from Service Providers listed on the Site; (ii) will not be responsible in any way whatsoever for any services that you may receive from a Service Provider listed on this Site; (iii) will not be responsible for the accuracy, completeness or reliability of any comments, reviews or ratings posted by Users, including but not limited to, the rating of any particular services offered by a Service Provider or of a Service Provider; and (iv) is not your agent in any regard. We ask and expect that you will use your own judgment and will exercise caution and common sense in evaluating any prospective Service Providers and any information provided by any third party (including Users) through the Site or otherwise. Accordingly, you understand and agree that the Services are provided on an " As-Is, As Available " basis without any warranty, representation or covenant of any kind, including as to any result or benefit that you may obtain through your use of the Services or the Site, and that House Tonic assumes no responsibility for the timeliness, truthfulness, accuracy, reliability or completeness of any information made available to you through the Services or for the misdelivery of any information accessed or downloaded by you. You acknowledge that any reliance on the Services will be at your own risk and that you must evaluate and bear all risks associated with the use of any Services, including any reliance on the accuracy, completeness, or usefulness of such Services. House Tonic shall be held harmless and blameless by you and free of any and all liabilities that may occur as a result of any use or application of the information provided by House Tonic in connection with your use of the Services. Conduct and the Use of Email and the Site/Submissions House Tonic expects that you will access and use the Site in a professional, responsible and business-like manner in accordance with applicable laws. As a visitor to the Site, you may have the opportunity to post comments, review and rate individual Service Providers, submit questions or other information regarding the Services or otherwise, or otherwise engage in dialogue with representatives of House Tonic through the sending of email to the Site. House Tonic welcomes your content, remarks, reviews, suggestions, ideas, graphics, photos and other information communicated to House Tonic by you through this Site (collectively, a “Submission”) so long as such Submissions are not obscene, illegal, threatening, defamatory, libellous, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties and does not consist of or contain software viruses, commercial solicitation, chain letters, political campaigning, or any form of “spam”. You are prohibited from using a false e-mail address, from impersonating another person or entity, or otherwise misleading House Tonic as to your identity when you are on the Site or otherwise communicating with House Tonic. You hereby grant to House Tonic a royalty-free, perpetual, irrevocable, worldwide, non‑exclusive right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, copy, bundle, market, adapt, transmit, arrange, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person, display or otherwise use any Submission communicated to House Tonic by you through this Site (including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein) and to incorporate any Submission in other works in any form, media, or technology now known or later developed, including for advertising and promotion purposes, for any purpose, whatsoever, without any duty to account to you. You represent and warrant that you own or otherwise control all of the rights to the Submission that you post; that the Submission is accurate; that the use of the Submission that you supply does not violate these Terms of Use and will not cause injury to any person or entity, and that you will indemnify House Tonic for all claims resulting from any Submission that you provide to House Tonic. In addition, you irrevocably waive all of your moral rights as author in respect of such Submission, however arising. House Tonic will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future House Tonic operations. For greater clarity, House Tonic also reserves the right, in its sole discretion, to refuse to post any Submission that it receives from you. You further agree that you shall use this Site for lawful purposes only and represent and warrant that you will not use the Site to: download, post, e-mail or otherwise transmit any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, homophobic, sexist, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any Submission which encourages conduct that would constitute a criminal offence, violate the laws of others or otherwise violates any applicable local, provincial, national or international law; harm minors in any way; download, post, e-mail or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); download, post, e-mail or otherwise transmit any Submission that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so; use the Site or any Site Content or Third Party Content (collectively, “Content”) downloaded through the Site to post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, e-mail or otherwise transmit any Submission to the Site that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of any House Tonic or third party computer hardware, software, networks, or hardware or telecommunications equipment; interfere with or disrupt the Site or servers or networks connected to the Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Site or disobeying any requirements, procedures, policies or regulations of networks connected to the Site; direct bots, spiders, crawlers or any other automated process at House Tonic’s computer systems or otherwise, create unreasonable load upon any of House Tonic’s computer hardware, network, storage, input/output or electronic control devices; use the Site for any public or commercial purposes, without the express prior written permission of House Tonic; intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with the Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; or collect or store personal data about other users of the Site. Any breach of the above representations, covenants and warranties will result in immediate termination of your use of the Site, and, if appropriate, referral to relevant law enforcement authorities. House Tonic will treat any personal information that you submit to this Site in accordance with its Privacy Policy. Privacy Policy Please click here to read and review House Tonic’s Privacy Policy, which describes House Tonic’s privacy policies and practices in detail, as such statement may be amended from time to time by House Tonic. House Tonic advises you to check the Privacy Policy on a frequent basis for changes. You hereby consent to the use of your personal information by House Tonic in accordance with the terms and for the limited purposes set forth in the Privacy Policy. By agreeing to these Terms of Use, you acknowledge and agree that certain information about you is subject to House Tonic’s Privacy Policy. Disclaimer of Warranties/Limitation of Liability You understand that House Tonic cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. House Tonic does not assume any responsibility or risk for your use of the Internet. You, and not House Tonic, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this Site, the Content or the Services. Any Content downloaded or otherwise obtained through your use of the Site is used by you at your own risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the downloading of such material. House Tonic does not represent or warrant that the Content, the Site, its servers or email sent from the Site are free from viruses or other harmful components. Your use of this Site is at your own risk. Everything on the Site, including the Content and the Services available through this Site, is provided “As Is” and “As Available” without representations, warranties, guarantees or conditions of any kind, either express or implied. House Tonic expressly disclaims all representations, warranties, guarantees and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement or those arising out a course of dealing or usage of trade for the Site and the Services. House Tonic makes no representations, warranties or conditions regarding the completeness, accuracy, availability or appropriateness of the Site, the Content or the Services or their usefulness for your purposes. for greater clarity, House Tonic does not represent or warrant that (i) the functions or Content contained in this Site will be uninterrupted, reliable, accurate, complete, suitable, valid, truthful, error-free or will meet your requirements in any way; (ii) any defects in the Content will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components; (iii) the use of the Content and the Site will be timely, secure, or error-free; (iv) the results that may be obtained from your use of the Content, the Site or any Services obtained through the Site will be accurate, beneficial or reliable; or (v) the quality of any Content or services obtained by you through your use of the Site or the Services will meet your expectations. The Content may include technical inaccuracies or typographical errors, and House Tonic may make changes or improvements at any time. In no event shall House Tonic, its directors, officers, shareholders, employees, Third Party Providers, agents or advisors be liable to you or any other person or entity for any direct, indirect, exemplary, incidental, consequential or punitive damages, including lost profits, loss of income, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, damage to property, claims of third parties, loss of goodwill, use, data or other intangible losses or other economic loss arising from: (i) your use or inability to use the Site, the Content or any Services obtained through the Site or any site to which you hyperlink from the Site; (ii) any third party claims that the use by you of the Content or any of the Services violates any third party intellectual property right or privacy right; (iii) any failure of performance of the Site or the Content, whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure; or (iv) any other matters relating to this Site, any Submissions, the Content or the Services, based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not such House Tonic had any knowledge, actual or constructive, that you might incur such damages. House Tonic disclaims any and all such above representations, warranties and conditions to the fullest extent permissible under applicable law. Certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. You agree at all times to defend, indemnify and hold harmless House Tonic, its employees, contractors, agents, officers, directors, successors and assigns (the “Indemnified Parties”) from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of the Site, the Content, the Services, from Submissions that you post to, submit or transmit through the Site or from your violation of these Terms of Use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Content, the Site or the Services. Security Any usernames and passwords used for this Site are for individual use only. You will be responsible for the security of your username and password. House Tonic will be entitled to monitor your username and password and, at its discretion, require you to change them. If you use a username or password that House Tonic considers insecure, House Tonic will be entitled to require the username or password to be changed and/or terminate your account. You further agree not to disclose your password to any other person and House Tonic and its officers, directors and employees will not be responsible for the unauthorized use of your profile by any other person and are under no obligation to confirm the actual identity of any password. You also agree to change your password on a regular basis in order to reduce the potential for unauthorised third party use and agree to notify House Tonic immediately upon becoming aware of any known or suspected unauthorized use(s) of your password to gain access to your profile, or any known breach of security, including loss, theft or unauthorized disclosure of your password or account or any other breach of security, via e-mail to feedback@housetonic.com if at any time your password or username is, or you believe it has been, lost, stolen, disclosed, or otherwise compromised. House Tonic cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions. If House Tonic cancels your username or password for any reason, you agree not to reregister with www.HouseTonic.com or www.housetonic.ca without House Tonic's prior written consent. In the event that you reregister without House Tonic's prior written consent, House Tonic will have the right in its sole discretion, without notice to you, to cancel your username and password. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, House Tonic reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. House Tonic reserves the right to investigate suspected violations of these Terms of Use. House Tonic reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing House Tonic to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting this Agreement you waive, and hold House Tonic harmless from, any claims resulting from any action taken by House Tonic during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either House Tonic or law enforcement authorities. Violations Please report any violations of these Terms of Use to House Tonic at feedback@housetonic.com. These Terms of Use and any action related thereto or related to the Site, the Services and the Content shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement. You agree that any action at law or in equity arising out of or relating to these Terms of Use or your use of the Site, the Content and the Services will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action. Your use of the Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use the Site or the Content in any such circumstances. Sections 2-10, 13, 15 and 18-21 shall survive any termination of these Terms of Use for any reason. Termination You acknowledge and agree that these Terms of Use shall remain in effect for so long as you use this Site or the Services. You agree that this agreement can only be terminated by you once you have stopped using the Site or the Services. House Tonic reserves the right to terminate your use of the Site at any time, for any reason, with or without cause, if House Tonic believes that you are violating these Terms of User in any way. House Tonic also has the right, in its sole discretion, to remove any Submissions from the Site. House Tonic may also terminate your password on the Site at any time, with or without cause or notice, for any reason. If you wish to terminate your account, you many choose to cease your use of the Site or to send House Tonic notification by e-mail at register@housetonic.com. House Tonic shall not be responsible for maintaining or returning Submissions or your password. You should always maintain a copy of your Submissions. You acknowledge that any termination of this agreement will not discharge you of any of your obligations to pay for any outstanding fees, charges or penalties owed to House Tonic at the time of termination. Entire Agreement These Terms of Use and any other legal notices, policies and guidelines of House Tonic linked to these Terms of Use constitute the entire agreement between you and House Tonic relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on this Site. No Agency; Third Party Beneficiary House Tonic is not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms of Use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of House Tonic, you, and relying Third Party Providers. Assignment You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without the prior written consent of House Tonic. Severability If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. No Waiver House Tonic will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by House Tonic. No delay or omission by House Tonic in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. House Tonic’s failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of House Tonic’s right to subsequently enforce such provision or any other provisions of these Terms of Use. Headings The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms of Use. Electronic Communications When you visit the Site or send e-mail to us, you are communicating with House Tonic electronically. You consent to receive communications from House Tonic electronically. House Tonic will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that House Tonic provides electronically satisfy any legal requirement that such communications be in writing. Language You agree that English will be the language of the Site and of all transactions occurring in connection with the Site, and you agree to waive any right to use and rely upon any other language or translations. You acknowledge that it is your express wish that these Terms of Use have been drawn up in English. C'est la volenté expresse des parties que la présente convention ainsi que tous les documents legales qui s'y rattachent soient rédigés en anglais. |