Terms of Use

ToolbarPortal.Com Inc. ("ToolbarPortal") provides the ToolbarPortal Web site including the ToolbarPortal Home Page and other ToolbarPortal content (collectively, the "ToolbarPortal Site") subject to your compliance with the terms and conditions below. PLEASE READ THIS BEFORE ACCESSING THE TOOLBARPORTAL SITE. BY ACCESSING THE TOOLBARPORTAL SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE TOOLBARPORTAL SITE.

1.    Rules
While visiting the ToolbarPortal Site, you may also not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the ToolbarPortal Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the ToolbarPortal Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the ToolbarPortal Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder.

2.    Monitoring
ToolbarPortal has no obligation to monitor the ToolbarPortal Site. However, you agree that ToolbarPortal has the right to monitor the ToolbarPortal Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the ToolbarPortal Site properly, or to protect itself or its subscribers. ToolbarPortal will not intentionally monitor or disclose any private electronic-mail message unless required by law. ToolbarPortal reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

3.    Privacy
ToolbarPortal cannot ensure or guarantee privacy for ToolbarPortal users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and ToolbarPortal and its affiliate and related companies shall be relieved of all liability in connection therewith.

4.    Limitation of Liability
ToolbarPortal takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the ToolbarPortal Site. Further, ToolbarPortal makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the ToolbarPortal Site for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall ToolbarPortal be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.

5.    Recourse
If you are dissatisfied with the ToolbarPortal Site or with any terms, conditions, rules, policies, guidelines, or practices of ToolbarPortal in operating the ToolbarPortal Site, your sole and exclusive remedy is to discontinue using the ToolbarPortal Site.

6.    Confidential Information
You authorize ToolbarPortal to collect from any party and to retain all relevant information relating to your use of the ToolbarPortal Site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify ToolbarPortal to the contrary by e-mailing us, you further authorize ToolbarPortal to disclose, on a confidential basis, to any party with whom ToolbarPortal has business relations all relevant information relating to your dealings with us and the ToolbarPortal Site.

7.    Indemnity
You agree to defend, indemnify and hold ToolbarPortal and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the ToolbarPortal Site or the Internet or the placement or transmission of any message, information, software or other materials on the ToolbarPortal Site or on the Internet by you or users of your account.

8.    Trademarks
ToolbarPortal™ and other names, logos and icons identifying ToolbarPortal and ToolbarPortal' products and services referenced herein are trademarks or registered trademarks of ToolbarPortal. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.

9.    Disclaimers
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10.    Miscellaneous
This Agreement, including any and all documents referenced herein, constitute the entire agreement between ToolbarPortal and you pertaining to the subject matter hereof. ToolbarPortal's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein.