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Yotrio International LLC Web Site
Terms Of Use Policy
TERMS OF USE AND LEGAL RESTRICTIONS
THE FOLLOWING ARE TERMS OF USE AS A LEGAL AGREEMENT BETWEEN YOU AND YOTRIO INTERNATIONAL LLC. PLEASE READ THESE TERMS OF USE CAREFULLY PRIOR TO USING THIS WEBSITE. YOUR USAGE OF THIS WEBSITE SIGNIFIES THAT YOU ACKNOWLEDGE, UNDERSTAND AND AGREE TO ACCEPT AND BE BOUND BY THESE TERMS (“TERMS”) AND THEIR CONDITIONS THEREIN. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
USE OF SITE
Yotrio International LLC and all subsidiaries (“Yotrio International LLC”) authorizes you to view and download the materials at this Web site (“Site”) for your personal, non-commercial use only, provided that you retain all copyright and other proprietary notices contained in the original materials and on any copies of the materials. In addition, as a condition of your use of this Site, you represent and warrant to Yotrio International LLC that you will not use this Site for any purpose that could be construed as unlawful, immoral or prohibited by these terms and conditions. This Site has been prepared solely for the purpose of providing information about Yotrio International LLC and the services and products it offers and has been compiled in good faith by Yotrio International LLC. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Yotrio International LLC also reserves the right to terminate your authorization to use any services at the Site and to delete any one or more of your related accounts, with or without cause, immediately and at any time.
INFORMATION YOU SUBMIT
Yotrio International LLC does not want to receive confidential or proprietary information from you through our Site. Other than personally identifiable information, which is covered under the Yotrio International LLC Online Privacy Policy, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). Yotrio International LLC will have no obligations with respect to the Communications. Yotrio International LLC and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
TRADEMARKS AND COPYRIGHT
All software and content such as text, graphics, logos, button icons, images, audio clips, trademarks and service marks (the "Trademarks") used and displayed on this Site is the owned or licenced property of Yotrio International LLC or its software and content suppliers and protected by copyright and trademark laws. These Trademarks are registered and unregistered Trademarks of Yotrio International LLC and may only be used publicly with written permission from Yotrio International LLC. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Yotrio International LLC aggressively enforces its intellectual property rights to the fullest extent of the law. Any other trademarks not owned by Yotrio International LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Yotrio International LLC.
PRODUCT INFORMATION
Yotrio International LLC has made a conscientious effort to display and describe its products and services on the site accurately. Yotrio International LLC is also consistently improving the information, products and services they provide to you. Consequently, Yotrio International LLC cannot and does not guarantee the lack of discrepancy with respect to the accuracy or completeness of the information found within this Site.
LINKS TO THIRD PARTIES
The Site may contain links to third party sites, which are provided to you solely as a convenience to you. Yotrio International LLC, therefore, does not have control over, imply endorsement or make any representations about them, or any information, software or other products or materials found there or any association with its operators. Yotrio International LLC assumes no responsibility, and shall not be held liable for any damages to or viruses that may infect your computer equipment or other property due to the use of, access to, or browsing of the Site. By using these third party sites you will be leaving the Site. The inclusion of these third party links also does not imply that Yotrio International LLC is authorized for the usage of any trade name, trademarks, logos or any copyrighted symbols reflected in these liked sites. You are responsible for viewing and abiding to the privacy statements and terms of use on each third party site accessed and therefore, this access is done so entirely at your own risk. The Site also acknowledges that it uses minimal, if any cookies to deliver the content found herein. If you would prefer, you can set your browser to reject cookies as an added precaution. Anyone linking to the Site must comply with the Guidelines for Linking to Yotrio International LLC Web Site set out below and all applicable laws.
USE OF SOFTWARE
If you download software from this Site (“Software”), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.
SECURITIES LAW NOTICE
The information in the Site contains certain forward-looking statements with respect to Yotrio International LLC, its subsidiaries and affiliates. These statements are often, but not always made through the use of words or phrases such as “expect”, “should continue”, “continue”, “believe”, “anticipate”, “estimate”, “contemplate”, “target”, “plan”, “budget”, “may”, “will”, “schedule” and “intend” or similar formulations. By their nature, these forward-looking statements are necessarily based upon a number of estimates and assumptions that, while considered reasonable by management, are inherently subject to significant, known and unknown, business, economic, competitive and other risks, uncertainties and other factors affecting Yotrio International LLC specifically or its industry generally that could cause actual performance, achievements and financial results to differ materially from those contemplated by the forward-looking statements. These risks and uncertainties include fluctuations in the level of renovation, remodeling and construction activity; changes in product costs and pricing; an inability to achieve or delays in achieving savings related to the cost reductions or revenues related to sales price increases; the sufficiency of our restructuring activities, including the potential for higher actual costs to be incurred in connection with restructuring activities compared to the estimated costs of such actions; the ability to recruit and retain qualified employees; the level of outstanding debt and our current debt ratings; the ability to meet the financial covenants in our credit facilities; changes in product mix; the growth rate of the markets into which Yotrio International LLC’s products are sold; market acceptance and demand for Yotrio International LLC’s products; changes in availability or prices for raw materials; pricing pressures resulting from competition; difficulty in developing and introducing new products; failure to penetrate new markets effectively; the effect on foreign operations of currency fluctuations, tariffs, nationalization, exchange controls, limitations on foreign investment in local business and other political, economic and regulatory risks; difficulty in preserving proprietary technology; adverse resolution of litigation and administrative and intellectual property disputes; changes in environmental regulations; currency risk exposure and other risks described from time to time in publicly filed disclosure documents and securities commission reports of Yotrio International LLC and its subsidiaries and affiliates. In view of these uncertainties we caution readers not to place undue reliance on these forward-looking statements. Yotrio International LLC disclaims any intention or obligation to update or revise any statements made herein, whether as a result of new information, future events or otherwise.
LIMITATION OF LIABILITY
IN NO EVENT WILL Yotrio International LLC, ITS SUBSIDIARIES, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
APPLICABLE LAWS
This Site is administered by Yotrio International LLC from its offices in Toronto, Ontario, Canada. Yotrio International LLC makes no representation that materials or services at this Site are appropriate or available for use outside of North America, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation Canadian export laws and regulations. If you choose to access this Site from outside North America, you do so on your own initiative and are responsible for compliance with applicable local laws. You also expressly waive any right to a jury trial regarding disputes related hereto and you also waive any right you may have to commence or participate in any class action against Yotrio International LLC and, where applicable, you hereby agree to opt out of any class proceeding against Yotrio International LLC otherwise commenced. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. In any dispute involving these Terms, you irrevocably agree to attorn to the jurisdiction of the courts of the Province of Ontario.
GENERAL
Yotrio International LLC may revise these Terms at any time by updating this posting. You should visit this page periodically to review the then current Term, as your usage of this Site, as it is your agreement of being bound by any such revisions. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
GUIDELINES FOR LINKING TO Yotrio International LLC GROUP’S WEB SITE
If you would like to link to Yotrio International LLC’s web site, please read and comply with the following guidelines:
You indicate that you accept the Yotrio International LLC Group Online Privacy Policy;
You agree that Yotrio International LLC may at any time and without notice, change the terms and conditions under which this Site is offered; and You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between you and Yotrio International LLC as a result of this agreement or your usage of the Site.
A Site that links to Yotrio International LLC’s Web Site:
May link to, but not replicate, Yotrio International LLC’s content;
Shall not create a browser or border environment around Yotrio International LLC’s content;
Shall not imply that Yotrio International LLC is endorsing it or its products;
Shall not misrepresent its relationship with Yotrio International LLC;
Shall not present false information about Yotrio International LLC products or services; and
Shall not contain content that could be construed as distasteful, offensive, or controversial and shall contain only content that is appropriate for all age groups.
The Terms and the privacy statement together constitute the entire agreement between you and Yotrio International LLC with respect to the subject matter herein. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Yotrio International LLC with respect to this subject matter. No modification of this agreement shall be deemed effective unless it is authored by Yotrio International LLC or any subsidiaries, such amendments or modifications available to it pursuant to these Terms. Any alleged waiver of any breach of these Yotrio International LLC Online Privacy Policy Terms shall not be deemed to be a waiver of any future breach. A printed version of these Terms and/or of any notice given by Yotrio International LLC in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Yotrio International LLC in printed form.
If you have any questions or comments about this Policy, please contact us at:
Yotrio International LLC
73 Richmond Street West Suite 312
Toronto, Ontario M5H 4E8
Canada
Tel.: (416) 361-0295
Fax: (647) 477-6383
Unless otherwise indicated, information contained in this site is Copyright © 2007 Yotrio International LLC. All Right Reserved. Reproduction or distribution without written permission is prohibited.
Copyright © 2007 Yotrio International LLC
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