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Terms of Use

By accessing any portion of the Toogood Website, the user agrees to the terms and conditions set out below.

Notice of Disclaimer and Terms of Use

1. Use of the Site

The Toogood Financial Systems Website or related website (the "Toogood Website") is a no fee service offered by Toogood Financial Systems Inc. ("Toogood"). The contents of the Toogood Website are provided for informational and educational purposes only. All information is provided on an "as is" basis without any warranties of any kind. Toogood makes no representations and disclaims all expressed and implied warranties and conditions of any kind, including without limitation, representations, warranties or conditions regarding accuracy, timeliness, completeness, non-infringement, merchantability or fitness for any particular purpose. Toogood assumes no responsibility to the user or any third party for the consequences of any errors or omissions. The subscriber to the Toogood Website expressly acknowledges that information contained on the site may be provided by independent associations and organizations and any such information and its content are not the responsibility of Toogood. Toogood assumes no liability for such content or information.

2. Release of Toogood

You also agree to release and hold harmless Toogood from and against any and all liability, claims, damages, actions, and costs, arising out of or in connection with your use, review or reproduction of the Toogood Website.

3. Limitation of Liability

Toogood shall not be liable to you and/or any third party for any damages of any kind arising out of or relating to the use of, or reliance upon, the Toogood Website including, but not limited to, any lost profits, lost opportunities, special, incidental, indirect, consequential or punitive damages, regardless of your advice to Toogood to the contrary.

4. Advice

Neither Toogood nor any of its officers, directors, employees, or agents makes any recommendation regarding any educational or other matter described within the Toogood Website.

5. Reproduction of Contents

The contents, but not any logo or other visual representation, of the Toogood Website or related website may be used and reproduced solely for non-commercial, personal or educational purposes provided that it is not modified and that you do not delete any copyrights and other legal or proprietary notices contained therein. Such information may not otherwise be used, reproduced, broadcast, published or re-disseminated without the prior written permission of Toogood.

6. Links to other Sites

The Toogood Website may link users to sites not maintained by Toogood. Toogood cannot and does not warrant the accuracy, completeness, timeliness, non-infringement, merchantability or fitness for a particular purpose of any information available through these links and disclaims any opinions expressed on such sites.

7. Intellectual Property

The materials located on the Toogood Website are protected by copyright, trademark and other forms or proprietary rights and are owned or controlled by Toogood or any other party credited as the provider of the information.

8. System Integrity

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Toogood Website. You may not take any action, which imposes an unreasonable or disproportionately large load on Toogood infrastructure.

9. Governing Law

This agreement shall be construed and enforced in accordance with the laws of the Province of Ontario.

10. Disclosures

The information in the Toogood Website or related website is offered by Toogood Financial Systems Inc., 1725 Sixteenth Avenue, Richmond Hill, Ontario, L4B 0B3.

11. Entire Agreement

This agreement constitutes the entire agreement between you and Toogood and supersedes all other agreements. No other representations or warranties are made, save for those contained within this Agreement.

12. Termination of Toogood Website or Related Website

Toogood reserves the right to terminate or modify, in any manner, the Toogood Website, and/or any part of any related website any link or linking program at any time for any reason.

13. Privacy

Toogood is committed to the proper management of the personal information of its clients and other parties that it collects in the course of its business.

In providing services to clients, we have a contractual and professional obligation to maintain the confidentiality of information that we receive. The practices set out in this privacy policy (the "Policy") seek to balance the individual's right to the privacy of his or her personal information and Toogood's need to collect, use or disclose personal information for legitimate business purpose.

What Is Personal Information?

Personal information means any information that can be used to identify you as an individual, including your name, personal telephone number and address, email address, information in your resume or about your employment, the matter about which you retained or contacted Toogood, your account with us and any other information that you choose to provide to Toogood. Personal information does not include corporate information or so called business card information such as your business address or telephone number in your capacity as an employee of an organization.

Your Consent

By providing us with your personal information, you consent to the collection, use and disclosure of that information as described in this Policy. We will not, as a condition of supplying a product or service, require you to consent to the collection, use or disclosure of your personal information beyond that required to enable us to provide the products or services requested. The form of the consent that we will seek before collecting, using or disclosing personal information may vary depending upon the circumstances and the type of information, and includes express oral or written consent, implied consent and opt-out consent. We will consider the sensitivity of the information and the individual's reasonable expectations in determining how consent must be given. You may refuse to give personal information and may, subject to legal or contractual restrictions and reasonable notice, withdraw consent at any time to the continued use and disclosure of personal information previously collected. The period of reasonable notice will vary depending on the nature of the information and its purpose to Toogood. Toogood will inform you of the implications of refusing or withdrawing consent, which may preclude Toogood from providing services.

Collection of Personal Information

We will not collect personal information indiscriminately. We will limit the amount and the type of information we collect to that necessary to fulfill the purposes we have identified to you, or as otherwise permitted or required by law. We may also collect information about your business and business interests or your personal interests to better serve you and foster our relationship. When possible, we will collect personal information from you directly. However, to provide services to clients or for legal, administrative, marketing or management purposes, we may also collect personal information through outside sources such as credit bureaus, government agencies or institutions or through other third parties such as employment and other references, employers and service providers.

Use of Personal Information

We use personal information only as described in this Policy or as otherwise permitted or required by law. Before your personal information is used or disclosed for a new purpose, we will ask for your consent unless use or disclosure without your consent in the circumstances is otherwise permitted or required by law. Toogood generally uses personal information about clients for the provision of service, including obtaining and carrying out client instructions, reporting and communicating with clients, billing and accounting, and protecting against fraud, illegal activities or error. Toogood may also use your personal information to send you newsletters about our services or about developments that we think would interest you. To establish or enhance our relationship, we may invite you to client functions, seminars and sporting or cultural events. We regularly distribute client memos, practice group bulletins, articles and other updates and publications to people on our mailing lists, who can elect to receive materials on one or more subject matters. At any time, you may change your preferences and mailing option (regular mail or email), or unsubscribe from our mailing lists.

Disclosure of Personal Information

We disclose personal information only as described in this Policy or as otherwise permitted or required by law. To provide services, we may sometimes disclose our clients' personal information to Toogood's affiliates, foreign agents and government or regulatory agencies. At times we may also disclose personal information to service providers, inside or outside Canada, that assist us with marketing or other services, including technical support and mailing. We limit the service provider's right to use the personal information only for the services it provides to us, and we require the service provider to maintain the confidentiality of the personal information and to take steps to protect the security of the personal information we give it. Your personal information may be accessed or stored in Canada or another jurisdiction, and may be subject to the laws of that jurisdiction.

Retention of Personal Information

Toogood will retain information, including personal information, for as long as it is needed for the purposes for which it was collected. For example, if you send us personal information electronically to apply for employment with Toogood, we will retain your personal information for a reasonable period to permit future consideration for employment. Toogood may also be subject to legislative requirements regarding the retention of certain types of information.

Links to Other Websites

Our Web Site may contain links to other websites. While we try to link only to websites that share our standards and respect for privacy, we are not responsible for the content or privacy practices of other websites. We strongly encourage all Site visitors to review the privacy statements and policies of all external websites.


Last Updated:  December 10, 2008

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