Privacy
Protecting your privacy is important
to us.
Until you have become a client of Ideal Samples inc. we do not collect or store
any personal information, except:
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to administer the Let’s Talk Section of our website
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to communicate information and respond to inquiries via email
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when you choose to request resources or similar information from Ideal
Samples
Once you become a client of Ideal Samples inc. we take various
precautions to protect your personal information and your idea to prevent
others from knowing or accessing this information.
You may connect with Ideal Samples and indicate that you want to share some or
all of your information. Ideal Samples only uses and discloses your personal
information for the purposes identified to you when your consent is obtained.
We do not provide information gathered on our marketing website, including
personal information we gather from you, to any 3rd parties without your
consent.
We may however use this information from time to time to advise you of new resources
and events at Ideal Samples . Consent for the use of your personal information
can be withdrawn at any time subject to legal restrictions and upon reasonable
notice to Ideal Samples inc., with the exception of communications relating to
the terms and conditions or other legal/consent needs as permitted by law or
common practice.
If you have any questions, concerns or complaints about your privacy and the
use of your personal information, or if you wish to withdraw your consent for
the use of your personal information, contact us at
General Terms of Use
Welcome to Ideal Samples.
If you continue to browse and use this website you are agreeing to comply with
and be bound by the following terms and conditions of use, which together with
our privacy policy govern Ideal Samples relationship with you in relation to
this website.
The term "
Ideal Samples" or "
us" or "
we" refers to Ideal Samples Inc.,
the owner of the website whose mailing address is:
Ideal Samples Inc.
202 Bentworth Avenue
Toronto, ON Canada
M6A1P8
The term "
You" or "
you" refers to yourself as the user or viewer of this website.
The use of this website is subject to the following terms of use:
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The content of the pages of this website is for your general information
and use only. It is subject to change without notice.
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Neither we nor any third parties provide any warranty or guarantee as to
the accuracy, timeliness, performance, completeness or suitability of the
information and materials found or offered on this website for any particular
purpose. You acknowledge that such information and materials may contain
inaccuracies or errors and we expressly exclude liability for any such
inaccuracies or errors to the fullest extent permitted by law.
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Your use of any information or materials on this website is entirely at
your own risk, for which we shall not be liable. It shall be your own
responsibility to ensure that any products, services or information available
through this website meet your specific requirements.
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This website contains material which is owned by or licensed to us. This
material includes, but is not limited to, the design, layout, look, appearance
and graphics. Reproduction is prohibited other than in accordance with the
copyright notice, which forms part of these terms and conditions.
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All trademarks reproduced in this website which are not the property of,
or licensed to Ideal Samples, are acknowledged on the website.
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Unauthorised use of this website may give rise to a claim for damages
and/or be a criminal offence.
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From time to time this website may also include links to other websites.
These links are provided for your convenience to provide further information.
They do not signify that we endorse the website(s). We have no responsibility
for the content of the linked website(s).
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You may not create a link to this website from another website or
document without Ideal Samples prior written consent.
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Your use of this website and any dispute arising out of such use of the
website is subject to the laws of the Province of Ontario (Canada).
If you have any questions, concerns or complaints about these Terms of Use,
please contact us at
info@idealsamples.com
Client Terms of Use
END USER LICENSE AGREEMENT
THIS END USER LICENSE AGREEMENT ("EULA")
IS A LEGAL AGREEMENT BETWEEN YOU AND IDEAL SAMPLES INC. INC. (IDEAL SAMPLES).
PLEASE READ IT CAREFULLY BEFORE COMPLETING ANY CONTENT OR PROGRAM DOWNLOADS,
INSTALLATION OF ANY SOFTWARE, OR USE OF THE SERVICES.
IDEAL SAMPLES PROVIDES A LICENSE TO USE THE
CONTENT, PROGRAMS, OR SERVICES IN RELATION TO THE BUSINESS, AND DOES NOT
WARRANTY OR GUARANTEE RESULTS, NOR ACCEPT LIABILITY FOR HOW END USERS APPLY THE
INFORMATION PRESENTED THROUGH THE CONTENT, PROGRAMS, OR SERVICES.
BY INSTALLING AND/OR USING THE SOFTWARE OR
SERVICES, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO
BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY
THESE TERMS, DO NOT INSTALL THE SOFTWARE OR UTILIZE THE SERVICES.
1.
Definitions “End User(s)” at all times means Client and user of the Services
mentioned herein; “EULA” means End User License Agreement; “You” may be used
interchangeably with “End User” herein; “Ideal Samples Inc.” or “Ideal Samples”
refers to Ideal Samples Inc. Inc., its affiliates, brand names, trade names,
and operating names under which it provides services; “Services” refers to the
products, programs, or services provided under license pursuant to this
agreement; “Site” refers to the website(s) operated by Ideal Samples that
deliver the online versions of the services provided under license pursuant to
this agreement; “Software” means the executable code for the software,
graphics, and other content and associated documentation (if any) downloaded by
You for use; “Intellectual Property” means the Software, design, concepts,
trade secrets, and any pending or granted patents related to the Services;
“Content” refers to text, images, audio clips, video clips, and other materials
accessed through the use of the Services; “Computer Device” refers to any type
of workstation, tower, laptop, or other type of computing product generally
which is capable of running the Software; “Handheld Product” refers to any type
of communication device, generally, but not necessarily, of a handheld size,
which is capable of running the Software.
2.
Conditions of License Ideal Samples Inc. hereby grants You a personal,
non-exclusive, non-transferable license to utilize the Products and Services of
Ideal Samples. It is agreed and understood by the End User that this EULA
contains within it certain conditions of license for use of the Services by a
single End User. You agree that any information or materials that you or
individuals acting on your behalf provide to Ideal Samples will be considered
confidential or proprietary. By providing any such information or materials to Ideal
Samples, you grant to Ideal Samples an unrestricted, irrevocable, worldwide,
royalty-free license to use, reproduce, display, publicly perform, transmit and
distribute such information and materials, and you further agree that Ideal
Samples is free to use any ideas, concepts or know-how that you or individuals
acting on your behalf provide to Ideal Samples. You further recognize that Ideal
Samples does not want you to, and you warrant that you shall not, provide any
information or materials to Ideal Samples that is defamatory, threatening,
obscene, harassing, or otherwise unlawful, or that incorporates the proprietary
material of another. It is further agreed and understood that such conditions
are not exhaustive and that Ideal Samples Inc. may from time to time impose
further conditions outside of this EULA.
3.
General Use The use of the Services provided under this agreement are intended for
the general use by End Users and the public, and are not, without the express
consent of Ideal Samples Inc., intended for resale. End Users further
acknowledge that Ideal Samples Inc. shall have the right, if, in its sole
discretion, it is determined that the Services are not being used for such use,
to terminate the Services pursuant to section 9. of this EULA.
4.
RSS Feeds and Data Transfers Pursuant to section 3. of this EULA,
Ideal Samples Inc. reserves the right to, and may, restrict the transfer of
data to individual End Users resulting from the use of the Software. Further, Ideal
Samples Inc. may terminate the use of the Services if it is determined that use
of the same contravenes any section of this EULA. With respect to data
transfers, the End User agrees that any fees, charges, rates and the like
incurred by the End User from a third party such as a carrier in the use of the
Services are not included in the rates and fees identified in section 5. of
this EULA. For greater certainty, Ideal Samples Inc. will not be responsible
for any fees or charged to End Users by third parties as a result of the use of
the Services.
5.
Privacy Policy By using the Services, You give Ideal Samples Inc. permission to
collect information about you as an anonymous user for the purpose of
calculating aggregate statistics. You authorize Ideal Samples Inc. to use
information you provide to personalize the information we deliver to you and to
use your demographic information when calculating aggregate customer data. As a
registered subscriber, you give Ideal Samples Inc. and our agents permission to
send you notices related to the subscription Services to which you subscribe.
6.
Copyright Policy The Software is protected by Canadian, US and
international copyright laws. You may not copy, reproduce, distribute, modify
or in any other manner duplicate the Software, in whole or in part, except to
the extent that copying naturally results from the authorized use of the Software
or results in the course of making regular back-ups of the Computer Device or
Handheld Product on which the Software is installed. Ideal Samples Inc. makes
claim of copyright to any and all material associated with the design of the
Services, as well as any and all material within the Ideal Samples Inc.
website. Further, Ideal Samples Inc. will at all times endeavour to respect the
copyright claims associated with any Content accessed and / or viewed through
the use of the Services.
7.
Acceptable Use of Services In accordance with section 3. of
this EULA, the End User agrees not to use the Services in an manner
constituting or encouraging conduct that would constitute a criminal offence or
give rise to civil liability. The End User also agrees not to transmit data or
Content which is protected by copyright, or other intellectual property rights,
or derivative works thereof, without obtaining permission of the copyright
holder. The End User further agrees not to use the Services in a manner which
is contrary to law or netiquette, or which would adversely impact use of the
Services or the Internet by other users, including the posting or transmitting
of information or software containing viruses or other disruptive components.
8.
Termination of Services Ideal Samples Inc. reserves the
right at all times to terminate the Services provide under license pursuant to
this agreement without either notice or cause.
9.
Third Party/Affiliate Sites As a convenience to you, Ideal
Samples may provide, on this Site, links to Websites operated by other
entities. If you use these sites, you may leave this Site. If you decide to
visit any linked site, you do so at your own risk and it is your responsibility
to take all protective measures to guard against viruses or other destructive
elements. Ideal Samples makes no warranty or representation regarding, and does
not endorse, any linked Websites or the information appearing thereon or any of
the products or services described thereon. Links do not imply that Ideal
Samples or this Site sponsors, endorses, is affiliated or associated with, or
is legally authorized to use any trademark, trade name, logo or copyright
symbol displayed in or accessible through the links, or that any linked site is
authorized to use any trademark, trade name, logo or copyright symbol of Ideal
Samples or any of its affiliates or subsidiaries.
10.
Ownership and Proprietary Rights Use of the Services under this EULA
are provided by license only, and in no way whatsoever, can it be understood,
inferred, or otherwise implied that use of the Services constitutes ownership
of any kind by the End User of the underlying Software and Intellectual
Property associated with the Services. For greater certainty, ownership of the
underlying Software and Intellectual Property shall at all times be that of Ideal
Samples Inc.. You acknowledge and agree that the Software may contain valuable
trade secrets of Ideal Samples Inc. and/or licensors of Ideal Samples Inc. You
agree to hold such trade secrets in confidence and further agree not to remove
any proprietary notices, labels or marks from the Software. Except to the
extent that Ideal Samples Inc. is expressly precluded by law from prohibiting
these activities, You shall not alter, modify, adapt, create derivative works,
decompile, translate, decrypt, deconstruct, disassemble or otherwise attempt to
reverse engineer the Software, or permit, authorize or encourage any other
party to do the same. This Agreement does not transfer any Intellectual Property
or other proprietary rights relating to the Software, including without
limitation patents, designs, trademarks, copyright or trade secrets.
11.
Limited Warranty and Disclaimer THE SERVICES ARE PROVIDED WITHOUT
ANY WARRANTIES OF ANY KIND. WITHOUT LIMITATION, IDEAL SAMPLES INC. DOES NOT
WARRANT THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF THE
SERVICES, YOUR CONNECTION TO THE INTERNET, EQUIPMENT, OR ANY SOFTWARE PROVIDED
BY IDEAL SAMPLES INC. OR THEIR RESPECTIVE LICENSORS, DISTIBUTORS AND PARTNERS.
YOU BEAR THE ENTIRE RISK AS TO USE OF THE SERVICES AND ANY SOFTWARE, AND THE
AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, QUALITY AND PERFORMANCE OF THE
SERVICES, EQUIPMENT, AND ANY SOFTWARE AND THE RESULTS OBTAINED FROM USE OF THE SERVICES,
EQUIPMENT AND ANY SOFTWARE. IDEAL SAMPLES INC. DOES NOT WARRANT THAT ANY DATA
OR FILES SENT BY OR TO YOU (WHETHER BY DATA TRANSFERS OR OTHERWISE) WILL BE
TRANSMITTED, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A
REASONABLE PERIOD OF TIME. IDEAL SAMPLES INC. DOES NOT MAKE EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES OR CONDITIONS (INCLUDING WARRANTIES OF TITLE OR
NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR
A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, EQUIPMENT, ANY SOFTWARE OR
ANY MERCHANDISE, INFORMATION OR SERVICE AVAILABLE ON THE INTERNET OR THROUGH
THE SERVICES. ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND,
EXPRESS OR IMPLIED, ARE EXCLUDED TO THE EXTENT PERMITTED BY APPLICABLE LAW. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IDEAL
SAMPLES INC. OR FROM THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN
THIS AGREEMENT.
12.
Limitation of Liability IN NO EVENT SHALL IDEAL SAMPLES INC.,
ITS AFFILIATES, SUPPLIERS, LICENSORS, PARTNERS, AND THEIR RESPECTIVE EMPLOYEES,
OFFICERS, DIRECTORS AND REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN
AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR
OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY
TO USE THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS
PROVIDED ON OR THROUGH THE SITES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES OR THE CONTENT, MATERIALS,
INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE USE OF RSS
FEEDS, EVEN IF IDEAL SAMPLES INC. OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.
Indemnification You will indemnify and hold harmless Ideal Samples Inc. and each of its
affiliates, licensors, suppliers and agents (and their respective employees,
officers, directors and representatives) from and against any claims, actions,
proceedings, suits, liabilities, damages, settlements, penalties, fines, costs
and expenses (including, without limitation, reasonable legal fees and other
litigation expenses) incurred by Ideal Samples Inc. or each of its affiliates,
licensors, suppliers or agents relating to: (a) your breach of any term,
condition, representation or warranty of this Agreement or any applicable
policy or guideline; (b) your use of or inability to use the Services; (c) any
content, including personal content, or software submitted, displayed, posted
or distributed by you using the Services; or (d) your violation, alleged
violation or misappropriation of any intellectual property right or
non-proprietary right of a third party.
14.
Notice Any notice or other communication required by this EULA may be in
writing or delivered electronically BY EMAIL to Ideal Samples Inc. or the End
User as applicable. Notices delivered will be effective on the date of such
delivery.
15.
Trademarks Ideal Samples Inc. is a trademark of Ideal Samples Inc. Inc. and are
not to be used without proper acknowledgement. All other trademarks appearing
through the use of the Services or the Ideal Samples Inc. website are the
property of their respective owners.
16.
General Provisions When used in this
EULA, the term 'license' shall be deemed to mean 'sublicense' if Ideal Samples Inc.
is the licensee and not the owner of an item of Software. Sections 5, 6, 7, 11,
12, 13, 15, 16, and 17 shall survive termination of this EULA. This EULA
constitutes the entire agreement of the parties with respect to the Software,
and supersedes all prior communications, agreements and discussions between the
parties. This EULA is to be governed by and construed under the laws of the
Province of Ontario. Each party hereto irrevocably waives any objection on the
grounds of venue, forum non-convenes or any similar grounds and irrevocably
consents to service of process by mail or in any other manner permitted by
applicable law and consents to the jurisdiction of the courts of the Province
of Ontario as applicable. You agree that the United Nations Convention on
Contracts for the International Sale of Goods is hereby excluded in its
entirety from application to this EULA. If any provision of this EULA other
than section 12 is void or is declared void, the provision shall be severed
from this EULA, which shall otherwise remain in full force and effect. If
section 11 is void or declared void, this EULA shall automatically terminate.
This EULA contains the complete agreement between the parties with respect to
the subject matter hereof, and supersedes all prior or contemporaneous
agreements or understandings, whether oral or written. All questions concerning
this EULA shall be directed to: Ideal Samples Inc. Inc., 202 Bentworth Avenue,
Toronto, ONTARIO, Canada, M6A 1P8, Attention: General Counsel. This EULA shall
be governed by the laws of the Province of Ontario, Canada. This EULA contains
the complete agreement between the parties with respect to the subject matter
hereof, and supersedes all prior or contemporaneous agreements or
understandings, whether oral or written.