Additional Terms and Conditions my apply.
You will not be required to sign a Commercial Contract and no Commercial Contract will be offered.
Your Contact Information
It is your responsibility to ensure that your profile and all other information you provide to us is and remains accurate and complete. You must not provide misleading information or pretend to be someone else.
With your consent TB Clift Limited will send you certain electronic communications such as emails, texts and/or app notifications regarding your use of TB Clift products. These may include commercial electronic messages such as special offers and promotions. Your service provider may charge you fees to receive these communications – check with your service provider.
You may opt out of receiving commercial electronic messages either by (1) unsubscribing within the commercial electronic message and following the prompts to mange your communications from TB Clift Limited, or (2) signing in to your Account and accessing your information, and then following the instructions on that page for opting out. Your request to unsubscribe will take effect within 10 business days.
NOTE: Until such time as the Site becomes e-Commerce capable or we offer free memberships that provide for free education, advice and other direct ‘Chat’ support, we will not offer subscriptions for the Site. For further information we suggest you contact your local representative or fill out the form provided on the ‘Contact Us’ page of the Site. The email address you provide for a response will not be shared or sold to third parties. And further, will not be used by TB Clift to send advertising emails without your permission.
Notifications to You
To communicate with you, including to provide any written notices to you, we may (1) send you emails or texts, (2) deliver messages to your inbox or phone, (3) post notices on the Site, (4) send push notifications or (5) use any combination of those methods.
Content and Intellectual Property
TB Clift Limited either owns or is the licensee of all intellectual property rights in the Content.
We make available some Content for downloading from the Site. You may use that Content but only for the purposes and in the manner we specify. Our permission to use the Content we make available is also conditional on the following:
You must not (a) pass off the Content as your own or any other party’s other than TB Clift, (b) make any changes to the Content, or (c) make any representations or warranties to any other party relating to any Content, and
Your Use of the Site
In using the Site, you must comply with the laws of Canada and any applicable Canadian provincial laws. You must not do or threaten to do anything that may or does (1) constitute any illegal or improper activity, (2) harass any other party, (3) disrupt, undermine, corrupt or damage the Site or anything accessible through the Site, or (4) damage TB Clift’s goodwill or reputation.
Without limiting what is set out above, you must not:
Use any “page-scrape” or other unauthorized device, program or process, to:
Access, copy or monitor any portion of the Site, or
Reproduce or circumvent the navigational structure or presentation of the Site,
Attempt to gain unauthorized access to the Site by hacking, password ‘mining’ or any other illegitimate means,
Probe, scan or test the vulnerability of the Site,
Breach or bypass the security or authentication measures of the Site,
Upload anything onto the Site without our express permission, and/or
Take any action that imposes an unreasonable load on the infrastructure of the Site.
Any conditions or restrictions on your use of the Site also apply to any system, network, server or other equipment connected to the Site.
Accounts, Passwords, Security
In the event that TB Clift Limited chooses to provide access to sensitive information on some portions of the Site, you will be required to open an Account and create Authentication Information, for example a Username and Password.
You must keep your Authentication Information secret. You are responsible for all activities connected to your Account when conducted using your Authentication Information. If you forget any of your Authentication Information, we will try to help you recover it. But, if we cannot authenticate you to our satisfaction, you will not be able to access your Account.
You must notify us immediately of any unauthorized use of your Account and/or Authentication Information, or any other security breach of which you become aware. We may suspend or cancel your Account but you will be responsible for all activity connected to your Account before that suspension/cancellation takes effect.
You must not use anyone else’s Account or Authentication Information except as expressly permitted by applicable law, for example under a power of attorney for property or in your capacity as administrator for the Account holder’s estate.
We may at any time require you to change your Username and/or other Authentication Information.
Internet transmissions are never completely private or secure. Despite any security measures that we have in place, unauthorized parties may intercept any information transmitted within, to or from the Site or improperly access any data pertaining to you that we store. You assume all risks that unauthorized interception or access might occur even if we have stated that a particular transmission (for example, credit card information) is secure and/or encrypted.
We have taken great care to prepare this Site. However, we are providing the Site and any products you purchase through the Site is strictly on an as is and as available basis. Your use of the Site and/or purchase of any product is at your sole risk. TB Clift disclaims all warranties, expressed or implied, including implied warranties of accuracy, merchantability and fitness for a particular purpose.
We may, at anytime and without notice suspend or terminate the operation of this Site and/or your access to the Site or any portion of the Site.
Exclusion of Liability
The exclusion of liability applies;
Whether the action is in contract, tort or otherwise.
Even if TB Clift is expressly advised of the possibility of loss or damages; and
No matter what caused the loss or damages, including without limitation TB Clift’s negligence and/or gross negligence.
This exclusion of liability applies to the fullest extent permitted by law.
From time to time you may give us Feedback, either at our request or on your own initiative. By submitting Feedback, you agree that:
The Feedback will automatically become the Property of TB Clift,
TB Clift has no obligation to you or any other party with respect to your Feedback, including any obligation to a) to review the Feedback, b) make any payments in connection with the Feedback or c) keep the Feedback confidential,
TB Clift may freely use or redistribute your Feedback for any purpose and in any way, and,
Sections 1, 2 and 3 above will apply regardless of what you state when you submit your Feedback.
Third Party Content and Links to Third Party Sites
Any information provided by any Third Party on the Site or any Linked Site, including any product or service claim, warranty, representation, contest or promotion, or,
Any Third Party action, non-action, services or products.
We refer to TB Clift partners on the Site. We use the term partner to describe a Third Party that we do business with and not to describe any kind of legal partnership or similar relationship.
A Linked Site will let you leave the Site and connect you with a Third Party website. TB Clift does not operate or control the Linked Sites. We are not responsible for the content or the security of any Linked Site.
Glossary of Terms
Means your online TB Clift account corresponding to your Authentication Information, used to receive and manage communications from TB Clift, access Products and Features made available through the Site, and other purposes as TB Clift may specify from time to time. If you do not have an account, you may register for one when the feature comes online.
Means any purchase of a product, participation in a contest/program, use of a product or feature or any other activity conducted on or through the Site.
Additional Terms and Conditions
Means any affiliate of TB Clift, including employees, agents, contractors, representatives and/or directors of TB Clift and any combination of these.
Means all TB Clift documents, Site text, names, Trademarks, graphics, icons, logos, designs, titles, words, user interfaces, visual interfaces, artwork, TB Clift software, computer code or phrases on the Site, or any part or parts of them, including any translations into other languages.
Means any suggestions, questions or comments you provide to us in any form or medium, regarding:
Any actual or potential Products and/or
Any other aspect of TB Clift’s existing or potential operations.
Means an agreement, in the form we stipulate, setting out the terms and conditions pertaining to your use of any Content we make available for downloading from the Site.
Means a website operated by a Third Party that is linked to this Site.
Means, when used to describe an action by TB Clift: ‘may in our discretion, but with no obligation to do so’.
Means the secret access code you use to access your Account.
Means a product or service provided by TB Clift.
Means the contact information and other information we ask you to provide when you open an Account.
Means the TB Clift Limited website located at www.opticize.caand all associated websites linked to TB Clift that are operated by TB Clift and/or affiliates.
Means TB Clift Limited.
TB Clift Documents
Means non-confidential materials that TB Clift has prepared and provided for general access, viewing and/or downloading on the Site, including Customer Guides, forms, articles, blogs and similar materials.
Means any and all trademarks, trade names, official marks or any similar intellectual property belonging to TB Clift and/or its licensors, which may be registered in Canada or otherwise.
Means a party other than TB Clift or a TB Clift affiliate or assign.
Means a user of the Site.
Means the name selected by the user to uniquely identify that user while logged onto the Site.
we, us, our, We, Us or Our
Means TB Clift
you, your, You or Your
Refers to a user.