Website Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.  By using this web site (“Site”), you signify your agreement with these Terms of Use.  If you do not agree with any of the below Terms of Use, do not use this Site.  This Terms of Use agreement (“Agreement”) constitutes the entire and only agreement between you and Tork Winch - Posilok (A subsidiary of Jeamar Winches Corporation) and a user of the Site (“User”), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and services provided by or through the Site, and the subject matter of this Agreement.  Tork WInch - Posilok reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates.

1.       Trade Marks, Copyrights, and Restrictions
This site is controlled and operated by Tork Winch-Posilok, 34 Bysham Park Drive, Woodstock, Ontario N4T 1R2.  The telephone number is 1-866-829-4411.  All material on this Site, including, but not limited to, images, illustrations, audio clips, and video clips, is protected by copyrights which are owned and controlled by Tork Winch - Posilok or by other parties that have licensed their material to Tork Winch - Posilok (the “Copyrights”).  Material from this Site or from any other web site owned, operated, licensed or controlled by Tork Winch - Posilok or its subsidiaries and/or affiliates may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.  Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights.  For purposes of this Terms of Use Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

“TORK WINCH”, “POSILOK” and “POSISTAGE” and related words, domain names and logos are trade marks and the property of 2090011 Ontario Inc. Other trade marks, product names and company names or logos shown on the Site are the property of their respective owners.

2.       Linked Sites
Tork Winch - Posilok, whether or not affiliated with web sites which may be linked to this Site, is not responsible for their content (the “Linked Sites”).  The Linked Sites are for your convenience only and you access them at your own risk.

3.       Disclaimers
(1)      Any product, process or technology published on the Site may be the subject of Intellectual Property rights reserved by Tork Winch - Posilok, its subsidiaries, affiliates or licensors, and are not licensed under this Agreement.
(3)      All information provided via the Site, including, without limitation, any Tork Winch - Posilok or its subsidiaries’ product or service plans, offerings or programs, statements of future directions, “white papers”, or other technical or marketing materials (collectively “Information”) is intended for informational purposes only and is subject to change or withdrawal by Tork Winch - Posilok at any time without notice.  Tork Winch - Posilok assumes no responsibility for the accuracy or completeness of the Information.  THE INFORMATION IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  TORK WINCH - POSILOK FURTHER DISCLAIMS ANY LIABILITY IN CONNECTION WITH THE SITE OR THE INFORMATION PROVIDED HEREIN.  Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  IN NO EVENT WILL TORK WINCH POSILOK BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, THE INFORMATION, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF TORK WINCH - POSILOK IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.       Indemnification
User agrees to indemnify, defend and hold Tork Winch - Posilok and its partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a User’s violation of this Agreement or use of the Site.

5.       Limited Right to Use
The viewing or downloading of any content, form or document, grants the User only a limited, non-exclusive license for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.  No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User’s personal use (but not for resale or redistribution).

6.       Non-transferable

User’s right to use the Site is not transferable.  Any password or right given to User to obtain forms is not transferable.

7.       Use of Information
Tork Winch - Posilok reserves the right, and User authorizes Tork Winch - Posilok, to the use and assignment of all information regarding Site uses by User and all information provided by User in any manner consistent with the Tork Winch - Posilok’s Privacy Policy, which can be accessed at http://www.torkwinch.com/privacy-policy.

8.       Jurisdictional Issues
This Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, as it is applied to agreements entered into and to be performed entirely within such province.  Any action you, any third party or Tork Winch - Posilok bring to enforce this Agreement or, in connection with, any matters related to this Site shall be brought only in the courts of the Province of Ontario, and you expressly consent to the jurisdiction of said courts.  If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.  This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Tork Winch - Posilok.