A Touch of Dan Terms of Use

The following document outlines the terms of use of the A Touch of Dan website. Before using or purchasing any of the A Touch of Dan services or products, you are required to read, understand, and agree to these terms. Your access to The A Touch of Dan Internet website available at either www.ATouchofDan.com or www.ATouchofDan.ca (collectively the "ATOD Site"), owned by Forest View Staining Limited ("FVS"), is subject to these legally binding terms and conditions.

The ATOD Site, the A Touch of Dan mobile applications, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications (collectively, the "Sites and Services") are owned and operated by ATOD Site and can only be accessed and used by you under the Terms of Use described below ("Terms of Use").

Please, carefully read all of the following Terms of Use before proceeding and using the ATOD Site. Your continued use of the ATOD Site indicates your acceptance of the Terms of Use and that you intend to be legally bound by them. If you do not agree with the Terms of Use, you should not use the ATOD Site. If you consider future amendments made to these Terms of Use to be unacceptable, please do not continue to use the ATOD Site.

Any failure on your part to comply with these Terms of Use may lead to (i) you being prohibited from further use of the ATOD Site and any related privileges or ii) any technical, legal or managerial measures that we deem, in our sole discretion, necessary and appropriate, without prior notice to you or any other user.

1. Definitions

"Company" refers to a business or individual contractor whose information is posted on the ATOD Site.

"Content" refers to any text, image, audio, video, other forms of data or other information that is published in on the ATOD Site.

"FVS Content" refers to any Content that the ATOD Site administrators publish on the ATOD Site.

"Third Party Content" refers to any Content that originates from third-party websites outside the ATOD Site or its users, which is made available through the ATOD Site. This includes but not limited to any video or images that are accessible and are not hosted directly on the servers of the ATOD Site, including but not limited to Youtube, Vimeo or other websites.

"ATOD Site Content" refers to all of the Content that is made available in connection with the ATOD Site, including Third Party Content, Third Party Video, Third Party Image and FVS Content.

"ATOD Site Visitor" refers to any person or electronic program other than the ATOD Site administrators gaining access to and able to decipher information from the ATOD Site.

"Vendor" refers to a business whose information is posted on the ATOD Site for the purpose of, but not limited to advertising products and equipment.

"Visitor Content" means any text, image, audio, video, or other form of data or other information that you upload or transmit to, or in connection with the ATOD Site, including but not limited to, product and service ratings, reviews, comments, posts and any profile information that you elect to make public.

2. Use of the Website

You hereby represent and warrant that you are at least eighteen (18) years of age, or older, as of the date of first access to the ATOD Site and, if you are under such age, are using the ATOD Site under the direct supervision of your parent, legal guardian or responsible adult.

Links to Third-Party Websites

The ATOD Site contains links to third-party websites. FVS is not responsible for third party linked websites. Your use of these websites is at your own risk and FVS is not responsible for Third-Party Content or changes to these websites. FVS makes no endorsement about any other website which you may access through the ATOD Site.

If you click on a third party link, you will be directed to that third party's site. We strongly advice you to review the Privacy Policy of every website you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party websites or services.

The ATOD Site may contain materials, text or information provided, published or offered by third parties, including but not limited to advertisements, products, reviews or videos. You agree that FVS shall not have any liability whatsoever to you or any ATOD Site Visitor for any such third party material, data or information.

ATOD Site Updates

FVS reserves the right to modify, update, discontinue or even terminate the ATOD Site at any time and at our sole and final discretion. Any changes to these Terms of Use will be published on the ATOD Site, and we may notify you through the ATOD Site or by email. Your continued use of the ATOD Site after the last effective date of amendment to these Terms of Use indicates your acceptance of any modifications.

Newsletters and Updates

You may consent to subscribe to our newsletters and updates. Through any of the FVS newsletters and emails, you will be able to unsubscribe from our newsletter and other emails at any time.

3. Website Content

You are responsible to use your judgement when determining the accuracy, completeness, or usefulness of any information, advice, opinions, products or any other content found on the ATOD Site.

Voluntary Submissions

We have no obligation to or guarantee any confidentiality with respect to your Visitor Content. Should you choose to use email and other communications on the ATOD Site, that information may be shared with a Vendor or a Company. Please read the Privacy Policy.

You acknowledge that by uploading photos to any section of the ATOD Site for any purpose, you are granting unconditional permission to the legal rights, usage to publish and distribute the photos in any of FVS media without your direct knowledge or consent. FVS will also hold the rights to tag or apply watermarks (with any words) to all photos that you upload. You acknowledge that these photos may be distributed with or without our knowledge or consent on other media such as "Google Images", magazines or in other publications.

You must be the original and sole author of any photo that you upload to the ATOD Site. All photos must be free of any previous licence or copyrights. If there is an existing licence or copyright associated with any photo that you upload, we will not be held liable and you are responsible to any legal claims that arise in connection to pre-existing terms of usage or any other legal matter that may arise at any time.

If you grant someone else the usage rights or license to any photo that you previously uploaded to the ATOD Site, it will be your responsibility and you accept that it is at your own risk. We will claim first priority to any usage rights or licenses if you choose to give up your authorship or usage rights to another party. Should you distribute these photos to another party at any time in the future, it is highly recommended to discuss these terms with them before signing any agreements.

Recommendations and Advice

You acknowledge that by providing you with the ability to view and distribute user-generated content on the ATOD Site, FVS is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the ATOD Site. However, FVS reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to FVS in its sole discretion.

FVS does not represent any person or Company published on the ATOD Site. FVS does not make any representations of the character or quality of any person or Company found in a Third Party Content.

The intention of all recommendations, suggestions or advice published on the ATOD Site, in an email or in any format, should always be used as a supplement with other information and should never be solely relied upon. You should always read manufactures instructions, speak with a qualified sales representative, speak with a manufacturer representative, and perform diligent research before using any product or tool.

All recommendations of Third Party Content are solely based on the moment the information was first released or evaluated by FVS. We do not make any recommendations or representations of Third Party Content if it was modified after the last date it was evaluated by FVS.

If any ATOD Site Content contains advice or recommendations of products, services or tools, FVS is not responsible in any way to the accuracy of those claims. FVS always recommends performing of a test of any product or tool on a small and insignificant piece of material prior to starting any project when using those recommendations, products or tools on a larger scale.

Safety

Despite any advice, recommendations or any information found on the ATOD Site, you should always use caution with any material, product or tool. Always read the manufactures instructions on use and safety before proceeding with any project.

If you decide to operate any tool or use any material that requires any kind of safety equipment or precautions, we highly recommend you seek out and receive proper training, the necessary certificates or degree, in order to avoid personal injury to yourself or others.

Reporting Unlawful Content

If any Third Party Content contains advertisements or other data, representing a person or Company not abiding by these Terms of Use or they are not being lawful or their intent of dishonesty is questionable, FVS is not responsible does not have the ability in updating the content and relies on third-party websites to comply with the law.

We do not condone any unlawful activity on the ATOD Site. We courteously ask that you report any questionable unlawful activity found on the ATOD Site to FVS immediately for further investigation. You may contact us using the form on www.atouchofdan.com/contact

Trade-marks

The trademarks, service marks, branding and logos (collectively the "Trademarks") used and displayed on the ATOD Site are registered and unregistered Trademarks of FVS and others may not be copied, imitated or used, in whole or in part, without the prior written consent of FVS. Other products, services, logos and company names mentioned on the ATOD Site may be the trade-marks of their respective owners. Except as expressly provided herein, FVS and its affiliates do not grant any express or implied right or license to you under any intellectual property right, including under any patent, trade-mark, copyright, trade secret, or confidential information.

4. Limitations on Liability and Disclaimers

Warranty Disclaimer

The Cs Site and the materials, products and tools therein are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, FVS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. FVS does not represent or warrant that the functions contained in the ATOD Site will be uninterrupted or error-free, that the defects will be corrected, or that the ATOD Site or the server that makes the ATOD Site available are free of viruses or other harmful components. FVS does not make any warrantees or representations regarding the use of the materials in the ATOD Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

FVS shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the ATOD Site or the performance of the products, even if FVS has been adviced of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

The materials and information accessible through the ATOD Site may contain inaccuracies and typographical errors. FVS and its affiliates make no representations or warranties about the accuracy or completeness of the materials or information accessible on or through the ATOD Site, or the reliability of any advice, opinion, statement or other information displayed or distributed through the ATOD Site. You acknowledge that any reliance on any of the foregoing shall be at your sole risk. FVS will not be responsible to you or any third party for any damages, expenditures, loss of profits, or prospective profits of any kind or nature sustained or arising out of or alleged to have been sustained or to have arisen out of your use of this site.

Miscellaneous

Your use of the ATOD Site shall be governed in all respects by the laws of the Province of Ontario, Canada. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of products and tools) shall be in the federal courts located in Toronto, Ontario. Any cause of action or claim you may have with respect to the ATOD Site must be commenced within one (1) year after the claim or cause of action arises. FVS's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. The use of the CS site is at your own risk and FVS assumes no liability or responsibility pertaining to the content, your use of the site or the receipt, storage, transmission or other use of your personal information. Neither the course of conduct between the parties nor trade practice shall act to modify any of the Terms of Use. FVS may assign its rights and duties under this Agreement to any party at any time without notice to you.

Indemnification

You agree to indemnify, defend, and hold harmless FVS, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.