Terms of Use

Terms of Use

This Web Site is Operated by Setman Group

The Web site is operated by Setman Group. The mailing address for Setman Group is 903-30 Duke Street West, Kitchener, Ontario, N2H 3W5.

Your Use of This Web Site is Governed by These Terms and Conditions

Acceptance of Terms of Use

IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. Setman Group owns and operates this Web, located at http://www.setman.ca (the Web site). This Terms of Use Agreement (this Agreement) states the terms and conditions under which you may access and use the Web site. By accessing and using the Web site you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Web site. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF SETMAN GROUP OPERATING WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.

These Terms and Conditions May Change Without Prior Notice

Setman Group reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the SETMAN.ca Web site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.

Passwords

The customer is solely responsible for ensuring that each password issued to it is utilized only by the authorized representative of the customer to whom it is assigned and that access to an authorized representative's computer while it is logged onto Setman Group's Web site is given to no person other than said representative. Setman Group shall not be and is not responsible for any loss, claim or other liability that may arise from the unauthorized use of any password or of computer that is logged onto Setman Group's Web site through the use of a password. If a password is lost or stolen, it is the customer's responsibility to notify Setman Group of such occurrence so that the missing password can be deactivated and a new one assigned. If an individual representative of a customer shall no longer be authorized to use a password, it is the customer's responsibility to notify Setman Group of such occurrence. Setman Group shall endeavor to complete all password deactivation requests within 48 hours of their receipt in writing from an authorized customer representative.

Registration

To use certain features of the Web site, you may be asked to register with the Web site. You agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Setman Group has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Setman Group has the right to suspend or terminate your access to and use of the Web site (or any portion thereof). Setman Group's use of any personally identifying information you provide as part of the registration process is governed by the terms of Setman Group's Privacy Policy.

Security

Please note that information sent or received over the Internet is generally unsecure and Setman Group cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information

Copyright and Trademark Notice

All of the content you see, hear or otherwise experience on the SETMAN.ca Web site (the "Content"), including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Setman Group, its affiliates or by third parties who have licensed their materials to Setman Group. The entire Content of the SETMAN.ca Web site is copyrighted as a collective work under Canadian copyright laws, and Setman Group owns a copyright in the selection, coordination, arrangement and enhancement of the Content.

The Content of the SETMAN.ca Web site, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use; (2) do not copy or post the Content on any network computer or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Setman Group reserves complete title and full intellectual property rights in any Content you download from this Web site.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Setman Group.

Notice of Copyright Infringement

Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
The address, telephone number or e-mail address of the complaining party.
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to:

Setman Group, 903-30 Duke Street West, Kitchener, Ontario, N2H 3W5.

No Harmful Action

You agree not to take any action that might compromise the security of the Web site, render the Web site inaccessible to others or otherwise cause damage to the Web site or any Content contained on the Web site. You agree not to add to, subtract from, or otherwise modify the Content on the Web site.

Submissions

We welcome your comments and suggestions regarding the SETMAN.ca Web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to SETMAN.ca shall be and remain the exclusive property of Setman Group. Your submission of any such Comments shall constitute an assignment to Setman Group of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Setman Group will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of any agreement or obligation to keep the Comments confidential. Setman Group expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our privacy policy.

Colors

Setman Group attempts to display as accurately as possible the colors of any logos or products shown on the Web site. However because the colors you see will depend on your monitor, Setman Group cannot guarantee that your monitor's display of any color will be accurate.

Correction of Errors and Inaccuracies

The information on the SETMAN.ca Web site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you. E&OE

No Advice

The information contained on the Web site is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.

No Endorsements

References on the SETMAN.ca Web site to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or service by Setman Group. Setman Group and its affiliates do not endorse nor make any warranties or representations about any Web site you may access through the SETMAN.ca Web site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other Web site.

Linking

The Web site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Setman Group of the contents of such third-party web sites. Setman Group is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or (iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.

While Setman Group encourages links to the Web site, it does not wish to be linked to or from any third-party web site which (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Setman Group or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Setman Group reserves the right to prohibit or refuse to accept any link to the Web site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Web site upon the request of Setman Group.

Software Licenses and Ownership

All software embedded in or located on or at the Web site, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by Setman Group, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Web site, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software.

If the Web site provides Software for download, unless otherwise provided, you are hereby granted, subject (i) to the terms of this Agreement and (ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.

Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, licence, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.

Nothing contained in the Web site shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Web site or made available for download from the Web site, including, but not limited, to any intellectual property rights in the Software.

All Software embedded or integrated into the Web site is provided As Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.

Privacy Policy

Click here to read Setman Group's privacy policy.

Disclaimers

The SETMAN.ca Web site is operated by Setman Group and its affiliates on an "as is," "as available" basis, without representations or warranties of any kind. Setman Group and its affiliates disclaim any and all representations and warranties with respect to this site and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose.

Without limiting the foregoing, Setman Group and its affiliates do not represent or warrant that the information on the SETMAN.ca Web site is accurate, complete or current or that the SETMAN.ca Web site will operate without interruption or error.

Setman Group and its affiliates make no representation that content provided on the SETMAN.ca Web site is applicable or appropriate for use in locations outside Canada. Portions or versions of the Web site that have been translated into any language other than English are provided for the convenience of the user only. Setman Group makes no representation or warranty that the translations are complete and accurate and Setman Group, by providing some foreign language content, undertakes no obligation to provide translations of all or any portion of its Web site in any language except as determined by Setman Group.

Limitation of Liability

Under no circumstances, shall Setman Group and its affiliates or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the SETMAN.ca Web site.

This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortious action, even if an authorized representative of Setman Group or its affiliates has been advised or should have known of the possibility of such damages.

If you are dissatisfied with the SETMAN.ca Web site or any content on the site, or with the SETMAN.ca Terms and Conditions, your sole and exclusive remedy is to discontinue using the SETMAN.ca Web site. You acknowledge, by your use of the SETMAN.ca Web site, that your use of the Web site is at your sole risk.

Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid, inapplicable or unenforceable for any reason, then the aggregate liability of Setman Group and its affiliates in such circumstances for liabilities that otherwise would have been limited shall not exceed one dollar (CDN $1.00).

Termination

Setman Group may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Web site, (or any portion thereof). Setman Group may also terminate your right to access and use the Web site, or any part of the Web site, if you breach any term or condition of this Agreement.

Enforcement of Terms and Conditions

By accessing and using the SETMAN.ca Web site, you agree that your access to and use of the SETMAN.ca Web site is subject to these Terms and Conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of Ontario, Canada.

The Web site (excluding linked Web sites) is controlled by Setman Groupfrom its offices within the Province of Ontario, Canada. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

General

Any consent by Setman Group to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with Setman Group that expressly reference this Agreement, this is the entire agreement between you and Setman Group relating to the matters contained herein.

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