Last Revised: February 10, 2021
These Terms apply to your access to, and use of, all or part of any Canadian website or mobile application of TJ’s Workplace Hearing Testing Inc. or its subsidiaries and affiliated companies (collectively, “TJ’s Hearing”), including https://tjshearing.ca/ and any other Canadian site, mobile application or online service where these Terms are posted (collectively, the “Sites”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with TJ’s Hearing for products, services or otherwise.
While we make reasonable efforts to provide accurate and timely information about TJ’s Hearing on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about TJ’s Hearing.
You agree that we may provide notices, disclosures, and amendments to these Terms by electronic means, including by changing these Terms by posting revisions on the Sites.
This Site contains the trademarks of TJ’s Hearing and all rights in respect of all of such trademarks are reserved and protected by domestic and international copyright, trademark and other laws. Contents of this Site are copyrighted and shall not be used or reproduced in any way, whether in text, image or other communication format. You may not distribute, modify, transmit, reuse, repost or use any Site Content for public or commercial purposes, without the express written permission of TJ’s Hearing.
Unless encrypted, Information transmitted over the internet is insecure and TJ’s Hearing does not make any representation or warranty regarding the confidentiality of Information so transmitted.
Furthermore, TJ’s Hearing is not responsible for any Information posted in any websites accessible though this Site.
Within the Site, there may be links to external websites that are not under the control of TJ’s Hearing. Access to any other site linked to this Site is at your own risk. We assume no responsibility to you to choose to visit a third party website – we do not confirm the accuracy of their information, we do not assess the potential for contraventions to your local laws, nor do we endorse or evaluate for the appropriateness of comments, statements or views that you may encounter when visiting their website. Links to these sites do not imply endorsement of, or responsibility for any of the content, quality, nature or accuracy.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to TJ’s Hearing, and is protected to the full extent allowed by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Without expressed, written consent, no part of this Site or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution. The data and information present on this Site are exclusively for your personal, private, and non-commercial use. TJ’s Hearing reserves the right to take such steps as it deems necessary, including litigation, to restrain the unauthorized use of this Site and/or its Contents.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or by the Sites or otherwise disclosed, submitted or offered in connection with your use of the Sites shall be and remain TJ’s Hearing’s property. TJ’s Hearing will own the rights, titles and interests, and not be limited in its use, commercial or otherwise.
TJ’S HEARING IS PROVIDING THE SITES TO THE USER “AS IS” AND THE USER IS USING THE SITES AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, TJ’S HEARING DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SITES ARE MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITES BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SITES WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
This Site is provided for informational purposes only. All information is subject to change without notice. The use of this Site or your communication with us by email or through this Site does not create any advisory or fiduciary relationship. Any use of, or actions taken based upon, any of the information contained on this Site is done entirely at your own risk.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL TJ’S HEARING OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM TJ’S HEARING), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TJ’S HEARING'S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES.
YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
If any word, term, or provision of these Terms and Conditions are deemed invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and these Terms and Conditions shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the Province of British Columbia, Canada (without regard to the conflicts or choice of law principles thereof). The parties irrevocably consent to the jurisdiction of British Columbia, Canada and agree that any court of competent jurisdiction sitting in British Columbia, Canada shall be an appropriate and convenient place of venue, and shall be the sole and exclusive place of venue, to resolve any dispute with respect to these Terms and Conditions.
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