Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and uses of this site are subject to the following terms and conditions and other applicable law. The laws of the Province of Quebec govern these terms and conditions, without giving effect to any principles of conflicts of laws.  If you do not agree to these terms and conditions, please do not use this site.
Tocara, Inc., a company incorporated under the laws of the Province of Quebec, Canada (referred to herein as "Tocara," "we," "us" and "our"), reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of this Agreement on the Tocara websites. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the bottom of this Agreement. You should always check this Agreement prior to using the Tocara websites. Your continued use of the Tocara websites following the posting of changes to this Agreement will mean that you accept those changes.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canada and other copyright laws, and is the property of Tocara Inc. The collective work includes works that are licensed to Tocara, Inc. Copyright 2010, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Tocara, Inc or purchasing Tocara, Inc products. 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, or to place an order with Tocara, Inc or to purchase Tocara, Inc products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Tocara, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Tocara, Inc used in the site are trademarks or registered trademarks of Tocara, Inc.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Tocara, Inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Tocara, Inc does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Tocara, Inc does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Tocara, Inc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Tocara, Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Tocara, Inc product is mistakenly listed at an incorrect price, Tocara, Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Tocara, Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Tocara, Inc shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Tocara, Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Tocara, Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Tocara, Inc.

User Transmissions

Your comments and suggestions are always welcomed. If you post comments, ideas or suggestions in response to any content on this Web site, you give us non-exclusive, royalty-free, perpetual and irrevocable permission to use, reproduce, modify, adapt, publish, distribute and incorporate such submissions and the names identified on the submissions throughout the world in any media.

 Miscellaneous

Your use of this site shall be governed and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada as applicable therein. Consultants and customers consent to the jurisdiction of the courts of the judicial district of Montreal, Province of Quebec for the resolution of any disputes regarding this Agreement, including the interpretation thereof.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Tocara, Inc products) must be commenced within one (1) year after the claim or cause of action arises. Tocara, Inc's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Tocara, Inc may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Tocara, Inc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Tocara, Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Tocara, Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Tocara, Inc reserves the right to block or remove communications or materials that it determines to be (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 Tocara, Inc in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Tocara, Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Tocara, Inc may link to sites operated by third parties. However, even if the third party is affiliated with Tocara, Inc, Tocara, Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Tocara, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Tocara, Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
This Agreement ©2010 Tocara, Inc. All rights reserved.