Conditions of Web Site Use.

Thank you for visiting the rogerwheatley.com site. This site is designed to provide its information and services to you subject to the following terms and conditions.

Please read carefully the following terms and conditions relating to your use of this site. By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. By using this site after we post any changes to these terms and conditions, you agree to accept those changes. We may in our sole discretion change some or all of our services at any time.

Copyright Notice.

All text, images, graphics, sounds and software code ("Content") on this Web site are copyright property of rogerwheatley.com and its programmers or contributors unless otherwise noted within the code. They may only be used as designed for Web site visitors. They may not be placed in the public domain. You may not reproduce, redistribute, publish or otherwise use by electronic or any other means any of the Content without our prior written consent.

Trademarks.

rogerwheatley.com and other marks indicated on our site are service marks of rogerwheatley.com and their respective owners. They may not be used or displayed without the prior written consent of rogerwheatley.com or their respective owners. All other trademarks, product names and company names and logos appearing on rogerwheatley.com are the property of their respective owners.

User Obligations and Eligibility.

In consideration of your use of the site, you agree to, provide true, accurate, current and complete information about yourself, maintain and promptly update the information you supply to us to keep it true, accurate, current and complete. Our services and products are only available to individuals who can form legally binding contracts under applicable law. Our services are not available to minors. If you do not qualify, please do not use our services.

Links to Third Party Sites.

This site may contain links to other Internet sites. rogerwheatley.com provides such links for your convenience only, and is not responsible for the content of any site linked to or from this site. Links from this site to any other site do not mean that rogerwheatley.com approves of, endorses or recommends that site. rogerwheatley.com disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. You hereby waive any claim you might have against rogerwheatley.com with respect to such other sites.

Termination.

rogerwheatley.com may terminate your access, or suspend any user access to all or part of rogerwheatley.com, without notice or recourse, for any conduct that rogerwheatley.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or rogerwheatley.com.

Disclaimers.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ROGERWHEATLEY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(b) ROGERWHEATLEY.COM DOES NOT WARRANT OR REPRESENT THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER SERVICE OR PRODUCT PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (v) THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. YOU (AND NOT ROGERWHEATLEY.COM OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROGERWHEATLEY.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability.

ROGERWHEATLEY.COM AND ITS AFFILIATES, BOARD OF TRUSTEES, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ROGERWHEATLEY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND ITS RELATED WEB SITES.

Waiver of Jury Trial.

THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Indemnification.

You agree to indemnify and hold rogerwheatley.com, and its affiliates, board of trustees, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of Content you submit, post to or transmit through the site, your use of the site, your connection to the site, your violation of the terms of service, or your violation of any rights of another.

Applicable Law.

These terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the rogerwheatley.com site will be filed only in the Region of York in the Province of Ontario, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

International Use.

rogerwheatley.com makes no representation that materials, services or products on this site are appropriate or available for use in locations outside of Canada, and accessing them from territories where their contents are illegal or prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Notices.

All notices provided for under this Agreement are to be provided on the Internet web site or email. As set forth above, it is your sole responsibility to ensure the accuracy and reliability of any email address that you provide, and all of rogerwheatley.com notice delivery obligations shall be deemed completed upon the transmission of the email notice from rogerwheatley.com computer systems or posted on this web site, whether or not such notices are in fact received by you. Any email sent to rogerwheatley.com shall be deemed received by rogerwheatley.com at the time such notice is actually received on any rogerwheatley.com t computer system.

General Information.

These Terms of Use and the rogerwheatley.com Privacy Policy constitute the entire agreement and understanding between you and rogerwheatley.com, superseding any prior agreements and understandings, and govern your use of the site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site or the Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You and rogerwheatley.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.

Copyright Complaints.

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

(2) a description of and copy of the copyrighted work that you claim has been infringed

(3) identification of the URL or other specific location on the site where the material that you claim is infringing is located

(4) your address, telephone number, and email address

(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Our agent for notice of claims of copyright infringement on the site can
be reached as follows:

RogerWheatley.com
75 Drakefield Road, Suite 101
Markham, Ontario
L3P 1G9
Canada

Any rights not expressly granted herein are reserved.
Any inquiries concerning these terms and conditions of use should be directed to
RogerWheatley.com
75 Drakefield Road, Suite 101
Markham, Ontario
L3P 1G9
Canada