Legal Notice and Disclaimer

Your access to and continued use of this website (the "Site") constitutes your acceptance of and compliance with the following provisions.  If you have not already done so, please take some time to familiarize yourself with these provisions.  This agreement constitutes the entire agreement between you and MTD Products Canada Ltd. (as set out below) with respect to the use of this Site.  If you do not agree to these terms and conditions, you should immediately discontinue any use of the Site.  Also note that these terms and conditions may change from time to time and it is your responsibility to check for such updates.

1. Website

   This Site of MTD Products Canada Ltd. (“MTD Canada") is not intended to provide specific or general advice regarding outdoor power equipment for any individual or business entity and should not be relied on for such advice or otherwise.  Persons seeking advice with regard to outdoor power equipment or other matters should contact a professional. This Site is only intended to be viewed from Canada.  If you are viewing this Site from outside of Canada, please visit one of our sites in your jurisdiction.

2. Privacy Statement

   MTD Canada is committed to protecting your privacy.  Information provided to us will not be disclosed to third parties without your consent.  Should you have any questions about MTD Canada’s privacy policy, please see our privacy policy on this site or contact:.

3. Reserved Rights and Grant of Limited Licence

   (1) Copyright  2002 to MTD Canada.  All rights reserved. The MTD Canada’s individual entities either own or have acquired the necessary licenses to the intellectual property rights, including copyright, trademarks, service marks or trade names in the information set out in this Site, including without limitation all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of the Site (collectively the "Information").  As such this Site is protected by copyright, trademark, service mark and other proprietary rights and laws.

   (2) As a user of the Site, you are granted a limited licence to use (display or print) short extracts of the Information for your own personal non-commercial use only, provided the Information is not modified and you shall be fully responsible for any consequences resulting from such use.  Any other use of the Information is prohibited.  None of the Information may be otherwise reproduced, republished or re-disseminated in any manner or form without the prior written consent of MTD Canada.

   (3) MTD Canada will take appropriate legal action to enforce it rights.

4. Products and Services

   (1) No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services.  Some products or services mentioned on the Site may only be available in certain areas or jurisdictions.

   (2) Any products or services mentioned on the Site are made available in accordance with local law and only where they may be lawfully offered for sale.

   (3) The information and descriptions contained on this Site are not intended to be complete and accurate descriptions of all terms, conditions and exclusions of the product and services.  In all cases, the product and services shall be governed by the terms and conditions of the policy applicable thereto.

5. Hyperlinks

   (1) The Site may contain links to other sites.  These links are provided as references to help you identify and locate other Internet resources that may be of interest.  These other sites were independently developed by parties other than MTD Canada, and MTD Canada does not assume responsibility for the accuracy or appropriateness of the information contained at such sites.  In providing links to other sites, MTD Canada is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.  A link to another site should not be construed to mean that MTD Canada is affiliated or associate with, or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.

   (2) The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product or service.  You should make an independent investigation and evaluation before acquiring, using or relying upon any such products or services.

6. No Advice or Warranties

   (1) MTD Canada does not guarantee the quality, accuracy, completeness or timeliness of the information provided. MTD Canada assumes no obligation to update the Information or advise on further developments concerning topics mentioned.  Information contained on the Site may contain typographical errors.  Information provided may be changed without notice.  Access to this Site is provided on an "as is" basis.  You should not assume that the Site will be error-free or that the Site will operate without interruption.

   (2) MTD Canada disclaims all warranties, representations and conditions regarding use of the Site or the Information provided and all implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.

   (3) MTD Canada is not responsible for any content or information that you may find undesirable or objectionable.

7. No Liability

   MTD Canada is not responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site or in reliance on the information available on the Site, including any loss of use, lost data, lost business profits, business interruption, personal injury or any other pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action. MTD Canada disclaims any liability for unauthorized use or reproduction of any portion of the Site.

8. Indemnity

   You will indemnify and save harmless MTD Canada from and against any and all losses, claims, damages, actions, causes of action, costs and expenses that MTD Canada may sustain, incur, suffer or be put to at any time or times as a result of a third party claim or demand that in any way arise out of the use of the Site or out of anything done or omitted to be done by yourself, your servants, employees, agents, trustees, officers, subcontractors, or members relating directly or indirectly to this Site.

9. Confidentiality Warning

   The Internet is not a secure medium and privacy cannot be ensured.  Internet e-mail is vulnerable to interception and forging. MTD Canada will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to MTD Canada through the Internet, or that you expressly or implicitly authorize MTD Canada to make, or for any errors or any changes made to any transmitted information.

10. Computer Viruses

    While every effort is made to ensure that all information provided at the Site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.  You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.

11. Linking to this Site

    You may only link to or access this Site from the front page of this Site.  Any other link to this Site, and any linking to pages within the Site or framing of content of the Site is prohibited without prior written consent of MTD Canada.

12. Conformance with Law

    (1) You agree that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law.  Some jurisdictions may have restrictions on the use of the Internet by their residents.

    (2) You agree not to impersonate another person in your use of the Site or the sending of any e-mail to an address listed on the Site.

13. Choice of Law

    The laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this agreement notwithstanding any conflict of laws provisions or your domicile, residence or physical location.  You consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this agreement.

14. Submissions

    (1) All information submitted to MTD Canada via the Site shall be deemed and remain the property of MTD Canada and MTD Canada shall be free to use, any ideas, concepts, know-how or other techniques contained in information provided to MTD Canada through the Site or sent through e-mail for the purposes of operating MTD Canada.

    (2) You agree that any information submitted for inclusion at the Site does not infringe on the intellectual property or other rights of any third parties and you grant MTD Canada a right to provide access to the information from the Site.  You warrant that any software submitted to MTD Canada shall be free of computer viruses.

15. General

    (1) If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.

    (2) No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.