Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Introduction and Agreement to Be Bound. This website is operated by The Marketing Store Worldwide LP ("The Marketing Store").
These Terms and Conditions govern TheMarketingStore.ca (the "Website") and you agree to the Terms and Conditions by using
the Website.
Modification of Terms. The Marketing Store reserves the right to modify these Terms and Conditions at any time. You will
be responsible for reviewing and complying with these Terms and Conditions periodically in the event that they are modified.
Privacy Policy. By using this site and agreeing to the Terms and Conditions, you also consent to the collection, use and
disclosure of information as set forth in TheMarketingStore.ca Website Privacy Statement, which you understand may be
modified from time to time.
License. The Marketing Store grants you a limited, revocable, non-exclusive license (i) to access the Website, and (ii)
while accessing the Website, to view Materials displayed on the Website for your personal internal business use, and for
no other purpose. You are also granted a limited non-exclusive license to print a copy of any portion of the contents of
the Website for your personal internal use and no other purpose. Before making copies of downloadable items, you will
destroy existing copies of such items in your possession or control. For purposes of these User Terms, "Materials" means
any text, data compilations, photographs, software, data instruction packets, graphics, illustrations, artwork, video,
music, sound, and any other contents of the Website.
Intellectual Property
Copyright. The Marketing Store retains all right, title and interest on behalf of itself and (where applicable) its third
party suppliers and/or business partners to Materials. You acknowledge and agree that ownership of Materials resides in
The Marketing Store, and agree not to challenge, directly or indirectly, The Marketing Store's ownership (or that of its
suppliers and/or business partners) in and to the Materials. You agree to indemnify and hold The Marketing Store harmless
from any unauthorized use of the Materials by you or caused by you. The Materials are protected by copyright and/or other
laws in both the United States, Canada and elsewhere.
* As to McDonald's Properties/Artwork: ©McDonald's Corporation
* As to Nissan's Properties/Artwork: ©Nissan North America
Trademarks. You acknowledge and agree that any name, logo, trademark, or servicemark contained on this Website is owned
or licensed by The Marketing Store or our suppliers and/or business partners and may not be used by you without prior
written approval. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any trademark displayed on this Website without the written permission of The Marketing Store
or such third party that may own the Trademark displayed on this Website. Your use of any of these materials is prohibited
unless specifically provided for on this Website. Any unauthorized use of these materials may subject you to penalties or
damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
Prohibited Conduct. Except as permitted under the Terms and Conditions or where a prohibition is contrary to applicable law,
copying, storing, displaying, reproducing, distributing, marketing, selling, licensing, sublicensing, publishing or
creating derivative works of any Materials is expressly prohibited without the prior written permission from The Marketing
Store or the copyright holder identified in the individual contents copyright notice. You agree that the Materials may
not be reverse engineered, disassembled, decompiled, or retransmitted in any way through any medium or otherwise translated
into any language or computer language. You will not use the Materials or TheMarketingStore.ca in any manner that
violates the law or the rights of any other person. You agree that you will not use any robot, spider, or other such
programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information
from this Website or otherwise monitor or copy the Materials. You are expressly prohibited from framing or linking or
otherwise using or displaying the Website in such a manner so that it appears to be part of your own or someone else's
website. You shall not deep link to any page on the Company Website or otherwise link in a manner that bypasses the
Company Website home page. You agree not to propose ideas, concepts, methods or techniques for new or proposed services
or products through the Website. By doing so, you hereby grant to Company a perpetual, worldwide, irrevocable,
unrestricted, non-exclusive, royalty free license to use the content of such communication in any manner whatsoever.
Submissions. Any ideas, copy, proposals, inventions, product and/or service modifications, methodologies, suggestions
or similar communications you transmit to the Website by electronic mail or otherwise is, and will be treated as,
nonconfidential and nonproprietary. Any such materials becomes the property of The Marketing Store and may be used
for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and
posting. Furthermore, The Marketing Store is free to use any ides, concepts, know-how, or techniques contained in any
communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing
and marketing products using such information.
Disclaimer. The website and the materials are provided to you on an "as is" basis, with all faults and without any
warranties of any kind, whether express or implied. The Marketing Store and its suppliers, to the fullest extent
permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular
purpose, merchantability and non-infringement of proprietary or third party rights. The Marketing Store and its suppliers
make no warranties to you about or for the accuracy, reliability, completeness, or timeliness of the website or the
materials or about or for the information systems, software and functions made accessible by or through the website or
the materials, or about or for any security associated with the transmission of sensitive information. The Marketing
Store does not warrant to you that the website or the materials will operate error-free, that loss of data will not
occur, or that the materials or the website servers are free of computer viruses, contaminants or other harmful items.
If your use of the website or the materials results in the need for servicing or replacing equipment or data, The
Marketing Store is not responsible for those costs.
Limitation of Liability. Your use of the website and the materials is at your own risk. Under no circumstances, shall
The Marketing Store and/or its suppliers be liable to you for any loss or damages whatsoever, including but not limited
to loss or damages for work stoppage or interruption, for liability or injury to third persons, or for economic,
incidental, indirect, consequential, special or punitive damages (including but not limited to any damages for any
loss of business, data, goodwill, profits, savings, or software) resulting in any way from your or any other person's
use or inability to use the website or the materials, whether based on warranty, contract, tort, or any other legal
theory, and whether or not The Marketing Store is advised of the possibility of such damages.
Third Party Sites. The website may contain links to third party websites, but such links are provided solely as a
convenience to you. The Marketing Store is not responsible for the content of linked third-party sites and does not
endorse, support, or make any representations regarding the content or accuracy of materials on such third-party web
sites. If you decide to access linked third-party websites, you do so at your own risk.
Indemnification. You agree to defend, indemnify, and hold harmless The Marketing Store, its parents, affiliates and
subsidiaries and their officers, directors, employees and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees, alleging or resulting from your negligence or from
your breach of the Terms and Conditions.
Dispute Resolution. The Terms and Conditions shall be governed by and construed in accordance with the internal laws
of the Province of Ontario without regard to the conflicts of laws principles thereof. In the event of litigation,
the parties agree to submit irrevocably to the provincial and federal courts located in the municipality of Toronto,
Ontario and to raise no objections to the venue of such courts. The parties agree that in the event of any suit or
proceeding brought by one party against the other, the party prevailing therein shall be entitled to payment from the
other party hereto of its reasonable attorney's fees.
Severability. If any provision of the Terms and Conditions is found to be invalid by any court or tribunal having
competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions
of the Terms and Conditions, which shall remain in full force and effect.
Waiver. No waiver of any term of the Terms and Conditions shall be deemed a further or continuing waiver of such term
or any other term.
Assignment. The Marketing Store may assign its rights and duties under the Terms and Conditions to any party at any
time without notice to you. Your rights and duties under the Terms and Conditions are not assignable by you without
consent of The Marketing Store.
Termination. The Marketing Store may terminate your use or rights to access to any or all portions of the Terms and
Conditions and the Materials for any reason or no reason at all. Paragraphs 5-16 and any section which by its terms
and nature are meant to survive termination of the Terms and Conditions, shall survive its termination.