Terms of Use

TERMS OF USE

Welcome to the website for iMarketing Solutions Group.

Use of this website, including use of any information in any area of this website, is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website.  Your use of this website indicates your acknowledgment and acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website.  We suggest you print a copy of each of these documents for your records.

Use of this website is available only to those who may lawfully enter into contracts with us.  If you do not qualify, you are not permitted to access or use this website or any information or materials presented in any area of this website.

Modification of these Terms of Use

You acknowledge that we have the right, at our sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without prior notice or liability to you.  Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on our website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of our website following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on March 14, 2024.

Use of Our Website

Use of our website, including any information or materials presented in any area of this website, is provided to you solely for your own personal use or the non-commercial internal use of the business you represent.  Unless otherwise indicated on our website, you may display, download and print hard copy portions of information or materials contained on our website for your own personal use or the non-commercial internal use of the business you represent, provided that neither you nor such business modify or delete any copyright, trademark or other proprietary notices.  Any other use of the information or materials on our website, including but not limited to the modification, reproduction, distribution, transmission, republication, public display or performance of such information or materials, is prohibited without our prior written consent.  Access to and the right to use our website may be subject to local laws and regulations.  You agree to comply with all applicable laws and regulations relevant to your use of our website.

Disclaimer

We have made reasonable commercial efforts to provide you with the most accurate and timely information through our website. However, we do not guarantee the accuracy, reliability or completeness of any of the information or materials contained on, downloaded or accessed from this website.  

Except as otherwise expressly indicated on our website, the performance of our website and all information or materials accessed from or available on our website are provided to you on an “as is” basis, without representations or warranties of any kind (to the fullest extent permissible under applicable law), including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties.  Except as otherwise expressly indicated on our website, we make no representation or warranty to you that our website or any information or materials accessed from or available thereon will be uninterrupted, error free or corrected in the event of discovery of any errors, free of viruses or other harmful components, nor for any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using any information or materials from our website.    

We reserve the right, at our sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of our website or any content contained thereon, without liability or notice to you. 

As a visitor to our website, you acknowledge and agree that any reliance by you on any information or materials available on this website shall be at your own risk.  In no event shall we or any of our subcontractors be liable to you for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, howsoever arising and whether framed in contract or tort, even if we have been advised of the possibility of such damages.   

Confidentiality and Transmissions over the Internet

The transmission of information or materials (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit.  Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which to may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of any personal information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.    

User Conduct and Obligations 

In certain circumstances, our website may permit users of the website to upload, post or otherwise transmit content. You acknowledge and agree that all content not provided by us, whether publicly or privately uploaded, posted or transmitted, is the sole responsibility of the person from whom such content originated.  As we do not control the content originating from users of this website, you acknowledge and agree that (a) we cannot guarantee the accuracy, reliability or completeness of such content and (b) that by using this website you may be exposed to content for which we shall have no responsibility or liability.  We do not generally screen or edit content originating from users of this website, but reserve the right (though we have no duty) to monitor or to remove, with or without notice, any objectionable content, in our sole discretion.

You agree that you shall not:

  • upload, post or otherwise transmit through or to this website any content that:
  • is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
  • might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
  • contains any viruses, Trojan horses, time bombs, or any other harmful programs or elements;
  • disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website or our computer systems, servers or networks; 
  • provide false information about yourself, impersonate any other person, or otherwise attempt to mislead us about your identity or the origin of any content, message or other communication;
  • transmit junk mail, chain letters, or other unsolicited bulk e‑mail or duplicative messages;
  • collect information about other website visitors without their consent or otherwise systematically extract data or data fields from our website, including without limitation e‑mail addresses;  and 
  • sell access to or the use of this website, including any content contained on, downloaded or accessed from our website.   

By uploading, posting or otherwise transmitting through or to our website any content (other than any personal information you provide to us), you grant to us, our successors and assigns, a non‑exclusive, world-wide, royalty free, perpetual, non‑revocable licence to use in any manner, display, reproduce, translate, reformat, adapt, archive, distribute, re-post and broadcast to other users of our website such content; and to authorize the display, downloading, and printing of hard copy portions of such content by users of our website for their personal use.

Please note that it is our policy not to accept or consider unsolicited creative, production-related or other materials of any kind.  

Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use.  We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Websites, Content and Products and Services

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content on such websites, or of such third party products and services.  As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. You should be aware that such third party websites may collect data or solicit personal information from you. As we do not control such websites, we are not responsible for their privacy policies, or for the collection, use or disclosure of any data or personal information such websites may collect. 

Proprietary Rights  

Trademarks, trade names and other identifying marks of iMarketing Solutions Group are and shall remain the exclusive property of iMarketing Solutions Group and any unauthorized use of these marks is unlawful.  Other trade-marks on this website are the property of their respective owners.  All content on this website is the copyrighted property of iMarketing Solutions Group (or, in certain cases, other users of this website or third party content providers) and is protected by international copyright law.  Information or materials on this website may be used by you only for your personal use or the non-commercial internal use of the business you represent, as provided for in these Terms of Use, provided that any such information or materials is not altered, edited or condensed; not taken out of context or presented in a misleading or discriminatory manner; and not used to ridicule, disparage or harass any person.  We reserve any rights not expressly granted to you.

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: 

1.         A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint. 

2          Identification of the copyrighted work claimed to have been infringed. 

3.         Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity. 

4.         The address, telephone number or email address of the complaining party. 

5.         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. 

6.         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: 

iMarketing Solutions Group

300-90 Eglinton Avenue West

Toronto, Ontario 

Canada M4R 2E4

General

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect.  No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use. 

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the jurisdiction of the courts of, and venue and situs in, Toronto, Ontario.  

With the exception of a breach by you of intellectual property rights, in the event of any dispute, the parties shall, at  the shared expense of both parties, use their best efforts to mediate the dispute by an independent mediator appointed by iMarketing Solutions Group, with such mediation to be held in the City of Toronto, in the Province of Ontario.  In the event that the aforementioned mediation is unsuccessful, the parties agree that the dispute shall be resolved by a single arbitrator pursuant to the Arbitrations Act (Ontario), with the arbitration to be held in the City of Toronto and the law applicable thereto shall be the law of the Province of Ontario.  The arbitrator appointed pursuant to the Arbitrations Act (Ontario) shall be entitled to award costs of the hearing in addition to the resolution of the claim, and the decision of any such arbitrator shall be final and binding and not subject to appeal.  

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent, which consent may be withheld in our sole discretion.  We may assign this agreement to any affiliate or successor of iMarketing Solutions Group without notice thereof to you.

Language

It is the express wish of the parties that these Terms of Use, our Privacy Policy, and other notices on this website have been drawn up in English. C’est la volenté expresse des parties que la présente convention ainsi que tous les documents legales qui s’y rattachent soient rédigés en anglais. 

Contact If you have any questions, comments or concerns about our website or these Terms of Use, please feel free to contact us using the form below: