Updated: August 15, 2012


THIS AGREEMENT IS BETWEEN YOU AND CONSUMER GURU INC. (CGI) THE OPERATOR OF TOMORROWSGASPRICETODAY.COM AND THE TOMORROWS GAS PRICE TODAY MOBILE APPS


The TomorrowsGasPriceToday.com website and the Tomorrows Gas Price Today mobile apps (hereafter known as “TGPT Properties”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TGPT Properties constitutes your agreement to all such terms, conditions, and notices. By accessing or using TGPT Properties, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use the TGPT Properties.


MODIFICATION OF THESE TERMS OF USE

The owners and operators of the TGPT Properties reserve the right to change the terms, conditions, and notices under which the TGPT Properties are offered, including but not limited to the charges associated with the use of the TGPT Properties. You are responsible for regularly reviewing these terms of use.


USE OF THE TGPT PROPERTIES. PERSONAL AND NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the TGPT Properties and their content is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the TGPT Properties.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the website solely for your own noncommercial use. Any other use of materials on the TGPT Properties, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content, without prior written permission is strictly prohibited.


VIDEO

You may share TGPT video posted the TGPTtv YouTube channel (http://tgpt.tv) by using the embed feature in YouTube. The video can be shared in its entirety on your web site or app provided nothing is done to thwart, obscure or disable the built in advertising that is placed by YouTube. The news media may use up to 5 seconds of any clip in any television broadcast. Any usage of the video must clearly be attributed to http://TGPT.tv.

App Developers

App developers are expressly prohibited from using any content from the TGPT Properties in their apps without prior written permission from CGI, the copyright holder. Effective August 1, 2012, CGI has revoked all permission to use its content in any mobile or web app unless a written contract is in effect. Please contact Andy Walker at andy@consumerguru.ca if you have any questions regarding this.


Web Publishers

Web Publishers are expressly prohibited from using any content from the TGPT Properties in their web properties without prior written permission from CGI, the copyright holder. Effective August 1, 2012, CGI has revoked all permission to use its content for more than three days in any calendar month on their web sites unless a written contract is in effect states otherwise or unless they are using the TGPT widgets (see below). Please contact Andy Walker at andy@consumerguru.ca if you have any questions regarding this.


TGPT Registered Widget Users

Web Publishers who lawfully register with the TGPT Widgets feature (see TGPT widgets) are permitted to publish TGPT gas price information by placing the code snippet provided in the widget registration process to display TGPT gas information on their web site. Web Publisher agree not to modify the code snippet in anyway. TGPT Properties reserves the right to discontinue this program or modify the content in the widget at any time and without notice.


Social Media

Individual or institutional publishers of content via social media outlets such as Twitter, Facebook and similar social media outlets are permitted to publish pricing content from TGPT Properties as an act of public service and for non-commercial purposes. Content must be limited to price trends (increase, decrease or unchanged) and tomorrowsgaspricetoday.com or tgpt.ca must be included as a source in the information release. These publishers may not quote actual numerical prices or numerical price changes obtained from the TGPT Properties.


Members of the Media

Members of the professional media, excluding bloggers and independent web site operators, may provide daily gas price information free of charge to its audience provided all the following terms are met:

  1. TGPT Properties content is not exploited for commercial use in any way. No advertising or paid sponsorship may appear on the same webpage or app, printed page or in close proximity in a broadcast or print media.
  2. The content is not archived beyond a 24 hour period.
  3. Full attribution to tomorrowsgaspricetoday.com is published including a hyperlink in web media.
  4. You advise us of your usage of our content at info@tomorrowsgaspricetoday.com.
  5. You agree to cease the use of our content forthwith upon being advised in writing that use is not permitted for your purposes
Licensing for commercial, for-profit use is available for a fee.





CONDUCT

Harassment in any manner or form on the TGPT Properties, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a website employee, host, or representative or other members or visitors on the TGPT Properties is prohibited. You may not upload to, distribute, or otherwise publish through the webite any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content to the TGPT Properties or use the TGPT Properties to solicit others to join or become members of any other commercial online service or other organization.


DATA AND USAGE CHARGES

 You may incur data and/or other telecommunications usage charges for downloading TGPT Properties  and/or browsing or using any content through your internet or telecommunications service provider. You accept the responsibility for any such charges that arise from your internet or telecommunications service provider.


COPYRIGHTS AND TRADEMARKS

The entire content included in the TGPT Properties, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under Canada’s and other countries’ copyright laws, and is the property of the owner and operators of TGPT Properties. The collective work includes works that are licensed to the owners and operators of TGPT Properties. Copyright 2008, 2009, 2010, 2011, 2012. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to the TGPT Properties, or other respective owners that have granted the right and license to use such Marks.


TERM AND TERMINATION

These terms of use are applicable to you upon your accessing the TGPT Properties and/or completing any required registration processes. These terms of use, or any of them, may be modified or terminated by the owner and operators of TGPT Properties without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.


THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, the TGPT Properties may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with the TGPT Properties, TGPT Properties owners and operators have no control over these linked sites, all of which have separate privacy and data collection practices. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that the owners and operators of the the TGPT Properties sponsor, endorse, are affiliated with or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.


DISCLAIMER

The owner and operators of the TGPT Properties make no warranties or representations about the accuracy or completeness of the TGPT Properties’ content or the content of any site or External Sites.

THE TGPT PROPERTIES AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THE TGPT PROPERTIES, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OWNER AND OPERATORS OF THE TGPT PROPERTIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE OWNER AND OPERATORS DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE TGPT PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TGPT PROPERTIES OR THE SERVER THAT MAKES THE INFORMATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OWNER AND OPERATORS OF THE TGPT PROPERTIES DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY

IN NO EVENT SHALL THE OWNER AND OPERATORS OF THE TGPT PROPERTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE OWNER AND OPERATORS OF THE TGPT PROPERTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE TGPT PROPERTIES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the owner and operators of the TGPT Properties, its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms of use or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.


APPLICABLE LAWS

Your use of the TGPT Properties shall be governed in all respects by the laws of Ontario, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the provincial or federal courts located in Toronto, Ontario. Any cause of action or claim you may have with respect to the website must be commenced within one (1) year after the claim or cause of action arises. The owner and operaors of the TGPT Properties’ failure to insist upon or enforce strict performance of any provision of these terms of use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms of use. The owner and operators of the TGPT Properties may assign its rights and duties under this Agreement to any party at any time without notice to you.


GENERAL

The owners and operator of the TGPT Properties may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.