Date: April 2, 2014
You agree that we have the right at any time to modify or discontinue all or any part of this Site for any reason, without notice, and that TD and Aimia will not be responsible or liable, directly or indirectly, to you for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
2. Disclaimer and Limitation of Liability
TD and Aimia are not liable for any errors or omissions on this Site, or for any loss or damage suffered as a result of anything appearing on this Site. Any information or views provided on this Site are current as of the date and time indicated, and are subject to change without notice. Any information provided on this Site is for informational purposes only, and is not (nor should such information be relied on as) financial, legal, tax, investment or other advice. Such statements are not guaranteed to be accurate or complete. Any graphs, charts, or graphics are used for illustrative purposes only. Any products and services, including investment, trading or tax strategies, must be evaluated relative to each individual’s particular goals, objectives, and risk tolerance.
TD and Aimia are not responsible for anything posted to this Site by third parties, and make no representation as to the accuracy or completeness of information contained in such material. The views expressed on this Site do not necessarily represent or reflect the views of TD or Aimia, who are not responsible for, and disclaim any liability in relation to, anything posted by contributors to, or users of, the Site.
This Site and all content thereon are provided “as is”. The use of the Site and the content thereon is at your own risk. TD and Aimia are not liable for any errors or omissions in the information provided on this Site, or for any loss or damages suffered as a result the information and materials appearing on this Site.
TD and Aimia do not make any representation or warranty that: (i) the Site will be compatible with your computer and software; (ii) the Site will be available without interruption or error; (iii) the Site will be free of any viruses, trojan horses, worms or other destructive, intrusive or disruptive components; (iv) the transmission of information to and from the Site will be secure; (v) the use of the Site will not infringe the rights of any person or entity; or (vi) the use of the Site will not cause any damage to your computer systems, software or files.
Any products and/or services described on the Site are offered in jurisdictions where they may be legally offered. The information on the Site is not an offer or solicitation by anyone in anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
3. Code of Conduct.
This Site permits you to upload, post or otherwise send content that you have created (“User Content”). You agree that you will not use the Site to upload, post, communicate or otherwise send any User Content that:
- includes any comments, photos, videos, links or other materials on this Site that may be inappropriate in nature (as may be determined by TD or Aimia). This means that any comments/materials you submit, including linked material, must not be inappropriate, abusive or otherwise offensive, and must not contain, depict or involve (without limitation) any of the following, as determined by TD or Aimia: profanity or otherwise offensive language; nudity or pornographic material; derogatory characterizations of any ethnic, racial, gender, professional, age or religious groups; content that endorses or condones any illegal, inappropriate or risky activity or behaviour or any particular political agenda or message; any content that defames, misrepresents or contains disparaging remarks about other people, products, services, or companies; content that endorses any form of hate or hate group; content that communicates messages or images inconsistent with the positive images and/or goodwill with which TD and Aimia wish to associate; or any other content that is or could be considered illegal, inappropriate, unsuitable or offensive, all as determined by TD or Aimia.
- includes any third party materials, including, without limitation, any content that infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims whatsoever, unless you have first obtained consent from the owner of such materials.
- includes any personal information about yourself or third parties (e.g. addresses, phone numbers, or email addresses) or discloses any personal financial information pertaining to yourself or others.
- includes any materials that are deemed to contain advertisements, “spam” or junk mail content, or references to other websites.
- Any User Content you submit is original to you and that you have obtained all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Site; and
- Any User Content you submit does not violate any law.
You understand and agree that TD and Aimia cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any User Content.
4. Licenses Granted by Site Users
By providing User Content, you are giving TD and Aimia permission to use that User Content.
By providing User Content, you : (i) grant to TD and to Aimia a world-wide, perpetual, permanent, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, display, distribute, translate and create compilations from (in any format or media), the User Content that you submit to the Site; and (ii) waive all moral rights in all User Content that you submit to, the Site in favour of TD and Aimia and those authorized by TD or Aimia to use such User Content.
For greater certainty, this means that, TD and Aimia have the right to use any and all ideas you submit (including ideas about products, services, publications or advertising campaigns), without any notice or obligation to you.
Without limiting the generality of the foregoing, you grant to each user of the Site a world-wide, perpetual, irrevocable, royalty-free, non-exclusive license to share (for non-commercial purposes) any and all User Content (in any format or media) that you submit to the Site via any share functionality that may be on the Site.
5. Intellectual Property Rights (Re: Site Content)
TD and Aimia grant each user of this Site a limited, non-exclusive and revocable license to make personal and non-commercial use of the Site and its Site Content. For greater certainty, this limited license only allows you to view, download or print materials from this Site for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish, in any form, any content contained within this Site.
Certain logos, words, or phrases contained within the Site may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of TD, Aimia or other entities. All Trade-marks not owned by TD or Aimia are the property of their respective owners, and, where used by TD or Aimia are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with TD’s, Aimia’s or any third party’s ownership of, the Trade-marks.
6. User Account
Portions of this Site may be password-protected and may require you to complete a registration process in order to obtain access. When registering to use such portions of the Site, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information if it changes. In the event that you do not provide or update such information, or if TD or Aimia suspect that you have not provided or updated such information, TD and Aimia have the right, to disable your account and prevent you from using the Site, or any portions of the Site. You agree to be responsible for: (a) the accuracy of all information that you provide to TD or Aimia; (b) maintaining the confidentiality of any passwords or other account identifiers that you choose or that are assigned to you; and (c) all activities that occur under such password(s) or account(s). It is your responsibility to keep your username and any password confidential and secure. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly contact email@example.com (attn.: social media). TD and Aimia are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us.
8. Internet Abuse and Electronic Transmissions
You may not engage in illegal, abusive, or irresponsible behaviour, including:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to TD, or Aimia) without express authorization of the owner of the system or network.
- Monitoring data or traffic on any network or system without the authorization of the owner of the system or network.
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Use of an internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning.
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
- Any conduct that is likely to result in retaliation against the TD network.
- Use of TD’S network in a way that unreasonably interferes with use of the network.
The transmission of data over the internet may not be secure, and is subject to possible loss, interception or alteration. TD and Aimia do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or within the Site. In no event will the information you provide on or through the Site be deemed to be confidential, create any fiduciary obligations or liability to you on the part of TD or Aimia in the event that such information is released or accessed by third parties without your consent. You should take appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any software.