Terms of Use

In these Terms of Use, "you" refers to the person accessing or using the website(s) located at www.rutter.ca and other online areas operated by Rutter Inc. (individually and collectively, the "Site"). “Rutter”, “Company” “we”, “us”, etc. refers to the company that operates the Site. We hope you enjoy our Site. In order to make it a safe, secure and useful environment for you and our other users, and to ensure that our Site is operated in accordance with all laws, we have adopted the following Terms of Use which we believe to be reasonable, and which you accept through use of our site.

Agreement

By using the Site, you agree to be bound by all terms, conditions and notices contained or referenced herein (the "Terms of Use") and, in particular the privacy policy set forth below under the heading (the "Privacy Policy"). We reserve the right to change or discontinue any feature of the Site, including but not limited to the Terms of Use, at any time, by posting revisions onto the Site. You agree to be deemed apprised and bound by any changes to these Terms of Use and your continued use of the Site indicates your agreement to the revised terms. You also agree to review this information from time to time as may be required to keep informed of any revisions to the Terms of Use. If you do not agree to the Terms of Use or the Privacy Policy, please do not use the Site or provide any personal information through the Site.

Third Party Sites & Services

The Site may contain information provided by third parties and links to and from sites operated by third parties. Rutter makes no representations (including but not limited to opinions, advice, statements, warranties or representations) whatsoever about any third party content that you may access from the Site or about any web site from which you may access the Site and/or which may be linked to this Site. WE DO NOT ENDORSE ANY THIRD PARTY CONTENT, LINKS, PRODUCTS OR SERVICES AND WE DO NOT INDEPENDENTLY VET, REVIEW, OR INVESTIGATE ANY CONTENT, LINKS, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES. The linked sites and content are not under our influence or control, and we are not responsible for any third party content or the contents of any linked site or subsequent links from that site.

These Terms of Use and Privacy Policy will not apply to linked sites, and you are referred to the terms of use and privacy policies applicable to those sites upon leaving the rutter.ca domain. By using the Site, you expressly relieve Company from any and all liability arising from your use of any third party website(s).

Intellectual Property

You acknowledge that all content and materials available on this Site, including the selection, coordination, arrangement and enhancement of such content as well as content original to the Site, Rutter or our licensors are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Rutter or our licensors or Rutter has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our Site. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks of, or used under license by, Rutter. The content of the Sites is provided to you for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Rutter and/or the respective owners. The use or misuse of any of these materials is strictly prohibited.

Lawful Use

You agree to use the Site or its contents for lawful purposes and only as expressly permitted in these Terms of Use and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for non-commercial use only, provided you do not delete or change any of the information, including copyright or trade-mark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site or otherwise in any way exploit any of the content of the Site, in whole or in part. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory in any form whatsoever without our written permission is strictly prohibited. You agree that you will not post or transmit through the Site any form of virus, worm, Trojan horse or other malicious code, or any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, damage Company or other parties, or otherwise violate any law, or which, without Rutter's express prior approval, contains advertising or any solicitation with respect to products or services. You will not attempt to gain access to secured portions of the Site to which you do not possess access rights.

Disclaimer of Warranties Limitation of Liabilities

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, RUTTER MAKES NO SPECIFIC PROMISES ABOUT THE CONTENT, MATERIALS OR SERVICES ON THE SITE. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT, MATERIALS OR SERVICES ON THE SITE, OR THE SUITABILITY OF ANY GOODS OR SERVICES FOR A PARTICULAR PURPOSE, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. THE SITE IS PROVIDED “AS IS” AND YOU EXPRESSLY AGREE THAT ALL MATERIALS OR INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. RUTTER AND/OR ITS SUPPLIERS DO NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.

NEITHER RUTTER NOR ITS PARENT, AFFILIATE COMPANIES, THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT INFORMATION ABOUT EVENTS IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

RUTTER MAKES NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY. RUTTER DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A COMPANY REPRESENTATIVE SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE.

RUTTER’S OBLIGATIONS FOR THE PROVISION OF ANY GOODS OR SERVICES SHALL BE SOLELY AS SET FORTH IN THE SALES DOCUMENTATION FOR SUCH GOODS AND SERVICES, AND ALL OTHER REPRESENTATIONS, WARRANTIES AND COVENANTS OF ANY KIND ARE EXPRESSLY EXCLUDED.

UNDER NO CIRCUMSTANCES SHALL RUTTER, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR MISUSE (INCLUDING, WITHOUT LIMITATION, ANY VIOLATION OF THESE TERMS OF USE) OF THE SITE, OR FROM INFORMATION PROVIDED ON THE SITE , OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Local Laws

By choosing to access the Site from any location other than the Province of Newfoundland and Labrador, you accept full responsibility for compliance with all local and federal laws that are applicable in such other jurisdiction. Rutter makes no representation that materials on the Site are appropriate or available for use in all jurisdictions, and accessing the Site from jurisdictions where the Content of the Sites is illegal is prohibited. These Terms of Use shall be construed in accordance with the laws of the Province of Newfoundland and Labrador and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Use or your use of the Site (including non-contractual disputes or claims) shall be filed only in the courts of the Province of Newfoundland and Labrador or the Federal Courts of Canada sitting in St. John’s, NL, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.