This website and sub-pages on the domain www.THmade.com (collectively, the “Website”) is owned and operated by Thomas Henry Made Inc. (“Thomas Henry”). The use of the Website and the sale of products and services are subject to the legal terms and conditions outlined below (collectively, and as modified from time to time, the “Terms and Conditions”). Please read these Terms and Conditions carefully before using the Website.
All content which forms a part of the Website, including all text, design, graphics, illustrations, photographs, e-mails, pictures, video, code and software, and all organization and presentation of such content (collectively, the “Content”), is subject to all proprietary rights provided under intellectual property law including patent, copyright, trademark and trade secret laws. You acknowledge and agree that the ownership right and title to such rights will continue and remain with Thomas Henry and/or its licencors, as the case may be.
The “Thomas Henry Made” name, the Thomas Henry stylized logo and other words, logos, slogans and images used on the Website are the property of and are subject to trademark rights held by Thomas Henry and/or their respective owners. Certain other trademarks, trade names, words, logos, slogans and images depicted on the Website are the property of their respective owners and not Thomas Henry. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property.
Personal And Non-Commercial Use Limitation
You may view electronically or print a single hard copy of any of the web pages from the Website provided that: (i) such copying or printing is for your personal non-commercial and lawful use; and (ii) such copies clearly display the copyright, trademark and any other proprietary notices of Thomas Henry. Except where the prior express written authorization of Thomas Henry is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, frame or create derivative works of any of the web pages and information (including any portion of them) which is obtained or derived from any part of the Website or the Content. Thomas Henry reserves complete title and full intellectual property rights in any material that you may copy electronically or print from the Website.
You agree that you will not distribute the Content for any purpose including compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system, or create derivative works of, reverse engineer, adapt, translate, transmit, arrange, modify, copy, publish, or make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever. You shall not permit, allow or do anything that would infringe or otherwise prejudice the intellectual property rights of Thomas Henry or its licencors or allow any third-party to access the Content.
By accessing the Website via the Internet you agree to grant to Thomas Henry a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, reproduce, distribute, transmit, create derivative works of, publicly display any text, materials and other information, suggestions or ideas you submit or post to the Website in any medium. You agree that you shall have no recourse against Thomas Henry for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Thomas Henry. This license is revocable at any time in Thomas Henry’s sole discretion.
You are responsible for obtaining access to the Website, and that access may involve third-party fees (including Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website. You may not bypass any measures that have been implemented to prevent or restrict access to the Website. Any unauthorized access to the Website by you (including any such access or use that involves in any way an account you may establish on the Website or any device you may use to access the Website) shall terminate the permission or license granted to you by Thomas Henry.
Thomas Henry reserves the right to refuse or cancel any person’s registration for the Website, remove any person from the Website and prohibit any person from using the Website for any reason whatsoever, and to limit or terminate your access to or use of the Website at any time without notice. Thomas Henry neither warrants nor represents that your use of the Content available on the Website will not infringe rights of third parties not affiliated with Thomas Henry. Termination of your access or use will not waive or affect any other right or relief to which Thomas Henry may be entitled, at law or in equity.
You may not modify the Content in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purposes. Any use of the Content on any other website, electronic device or networked computer environment for any purpose is prohibited.
Use and Provision of the Website
Your use of the Website in any manner constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be legally bound by them. Thomas Henry reserves the right to modify or change the Terms and Conditions at any time without prior notice. If you continue to use the Website after the revised Terms and Conditions have been posted, you will be deemed to have agreed to them.
The Website is provided “as is” and are accessed and used by you at your own risk. Reasonable efforts are used to ensure that the Website is current and contain no errors or inaccuracies (including typographical errors, but unfortunately there are probably some). Thomas Henry makes no representations, warranties or guarantees that the information, content or materials comprising the Content included in the Website will be error-free or completely accurate or current at any time.
Thomas Henry strictly prohibits any other use of the Content available through the Website, including:
- any downloading, copying or other use of the Content or the Website for purposes competitive to Thomas Henry or for the benefit of another vendor or any third party;
- any caching, unauthorized linking to the Website or the framing of any Content available on the Website;
- any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of or the creation of derivative works from, any content, products or services obtained from the Website that you do not have a right to make available (including the intellectual property of another party);
- any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
- using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (including system data or personal information) from the Website (including the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
- any action that imposes or may impose (in Thomas Henry’s sole discretion) an unreasonable or disproportionately large load on Thomas Henry’s infrastructure or damage or interfere with the proper working thereof.
Idea Submission; Use of Information
If you submit an idea to Thomas Henry, you agree that the idea becomes and remains the sole and exclusive property of Thomas Henry without further liability or compensation to you, and you hereby waive any moral or other rights you may have in the material you submit in favor of Thomas Henry.
If you respond to Thomas Henry with any information, including feedback, data, questions, comments or suggestions, such information shall not be deemed confidential. All such submissions shall be deemed the property of Thomas Henry, and your submission of information shall constitute an assignment to Thomas Henry of all worldwide rights, titles, and interests in such information. Thomas Henry will not be liable for any use or disclosure of such information. Thomas Henry will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Thomas Henry will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
Illegal Usage Prohibited
You shall not use the Website or the Content to post, transmit, upload, distribute or publish any content that is libelous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of Thomas Henry. You agree to comply with all applicable local, provincial, state, federal and international laws, regulations and treaties while using the Website. In addition, while using the Website you shall refrain from any abusive use of the Website.
You may not use the Website in any manner so as to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person. This prohibition extends to any comment or conduct that is vulgar, hateful, racially or ethnically offensive, or otherwise objectionable.
You may not use the Website to post any advertising or promotional materials.
Links to Other Websites
Links to third-party websites on the Website are provided solely as a convenience to you. Thomas Henry has not reviewed these third-party websites and does not control and is not responsible for any of these websites or their content. Thomas Henry does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. Different terms and conditions and privacy policies may apply to your use of any linked websites or resources. If you decide to access any of the third-party websites linked to the Website, you do this entirely at your own risk.
When you use the Website or send emails to Thomas Henry, you are communicating with Thomas Henry electronically. You consent to receive electronically any communications related to your use of the Website. Thomas Henry will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Thomas Henry intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on the Website.
From time to time, Thomas Henry may offer special promotional offers that may or may not apply or be of interest to you. You agree to be bound by any additional terms and conditions for these special offers. You may unsubscribe from such promotional offers at any time.
You acknowledge that you are using the Website and the Content at your own risk. Thomas Henry and its partners, affiliates and suppliers do not guarantee error-free or uninterrupted operations of the Website. The products, services and information provided at the Website are provided “as is” without any warranties of any kind including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property. Thomas Henry and its suppliers do not warrant the accuracy and completeness of the Content available on or through the Website. The Content on the Website may be out of date, and Thomas Henry makes no commitment to update the Content or the Website. Information published on the Website may refer to products, programs or services that are not available in your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Liability
In no event shall Thomas Henry, its directors, officers, employees, affiliates, successors or assigns or other representatives be liable, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for any damages (including any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results or use of, the Website or the Content, even if Thomas Henry or any of its authorized representatives have been advised of the possibility of such damages.
If you are dissatisfied with the Website and the Content, or the Terms and Conditions, your sole and exclusive remedy is to discontinue use of the Website. Thomas Henry is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, online failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. Thomas Henry assumes no responsibility, and shall not be liable, for any damages to, or any viruses affecting your computer equipment or other property on account of your access to or use of the Website or your downloading of any materials, data, text, images, video or audio from the Website.
You shall indemnify and save harmless Thomas Henry, its officers, directors, employees, affiliates, partners, suppliers, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including reasonable legal, accounting and other professional fees incurred as a result of your use of the Website.
Thomas Henry will not be considered to have waived any of its rights or remedies described in the Terms and Conditions unless the waiver is in writing and signed by Thomas Henry. No delay or omission by Thomas Henry in exercising its rights or remedies will impair or be construed as a waiver of its right to enforce such rights at any time.
You may not assign these Terms and Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Thomas Henry, which may be withheld at Thomas Henry’s sole discretion. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. Thomas Henry may assign the Terms and Conditions, in whole or in part, to any third party in its sole discretion.
The Terms and Conditions constitute the entire agreement and understanding between you and Thomas Henry with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
Thomas Henry controls and operates the Website in Toronto, Canada. The Terms and Conditions as well as the use of the Website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The courts of the Province of Ontario in the City of Toronto shall have exclusive jurisdiction over all disputes relating to the use of the Terms and Conditions. You agree that jurisdiction and venue in such courts is appropriate and to submit to the jurisdiction of such courts.
Each provision of the Terms and Conditions is intended to be severable. If any provision of the Terms and Conditions is held illegal, invalid or unenforceable, the remainder of the Terms and Conditions shall not be affected thereby.