Terms and Conditions
Last Revision: March 2021
The following terms and conditions of use for our website (the “Terms and Conditions”), located at Sarahdelicate.ca (our “Website”), constitute a legal agreement and are entered into by and between you and Bell Browne Molnar Delicate Consulting (“BBMD”). These Terms and Conditions, together with any documents and/or additional terms they expressly incorporate by reference (“Terms and Conditions”), govern your access to and use of any content, functionality, products and services offered on or through our Website.
1. Use of our Website
BY USING OUR WEBSITE AND/OR MAKING A PURCHASE WITH US, YOU ACCEPT AND AGREE TO BE BOUND BY AND TO COMPLY WITH THESE TERMS AND CONDITIONS, AND OUR PRIVACY POLICY (FOUND AT: sarahdelicate.ca/pages/privacy) (“PRIVACY POLICY”), INCORPORATED HEREIN BY REFERENCE, AND YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH BBMD. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF OUR PRIVACY POLICY OR IF YOU ARE NOT THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW, YOU MUST NOT ACCESS OR USE OUR WEBSITE.
2. Modifications to Terms and Conditions and to our Website
BBMD reserves the right in its sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon being posted to our Website and apply to all access to and to continued use of our Website. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications, and your continued use shall be your acceptance of same.
The information and material on our Website, may be changed, withdrawn or terminated at any time in our sole discretion without notice. BBMD will not be liable if, for any reason, all or any part of our Website is restricted to users or unavailable at any time or for any period.
3. Use of our Website and Account Set-Up and Security
The security of your personal information is very important to us. BBMD uses physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.
The safety and security of your information also depends on you. Anyone who accesses or uses our Website or the services offered through our Website (“Users”) are responsible for obtaining their own access to our Website. Users are required to ensure that all persons who access our Website through a User’s Internet connection are aware of these Terms and Conditions and comply with them. Our Website, including content or areas of our Website, may require User registration. It is a condition of your use of our Website that all the information you provide on our Website is correct, current and complete.
Transmission of information via the Internet is not completely secure. Although BBMD does its best to protect your personal information, BBMD cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. BBMD is not responsible for circumvention of any privacy settings or security measures contained on our Website.
Your provision of registration information and any submissions you make to our Website through any functionality such as applications, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards and other such functions (“Interactive Functions”) constitutes your consent to all actions BBMD takes with respect to such information consistent with our Privacy Policy.
Any username, password or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
BBMD reserves the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by BBMD, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of our Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to Users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our Website owner’s ability to monitor our Website; (f) using any robot, spider or other automatic device, process or means to access our Website for any purpose, including monitoring or copying any of the material on our Website; (g) introducing any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful; (h) attacking our Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of our Website.
4. Intellectual Property Rights and Ownership
You understand and agree that our Website and its entire contents, features and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection and arrangement are owned by BBMD, its licensors or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trade-mark, patent, trade secret and any other proprietary rights.
BBMD, its trademarks and logos and all related names, logos, product and service names, designs, images and slogans are trade-marks of BBMD or its affiliates or licensors. You must not use such marks without the prior written permission of BBMD. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on our Website, are the trade-marks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use our Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, in any form or medium whatsoever except:
(a) Your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
(b) A reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication or distribution of any kind on any medium whatsoever;
(c) One single User copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use; and
(d) In the event that social media are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.
Users are not permitted to modify copies of any materials from our Website nor delete or alter any copyright, trade-mark or other proprietary rights or notices from copies of materials from our Website. You must not access or use for any commercial purposes any part of our Website or any services or materials available through our Website.
If you print, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title or interest in or to our Website or to any content on our Website, and all rights not expressly granted are reserved by BBMD. Any use of our Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trade-mark and other intellectual property or other proprietary laws.
5. Conditions of Use and User Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use our Website only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material and information a User submits, posts, publishes, displays or transmits (“Submit”) to our Website, to other Users or other persons (“User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local and international laws, regulations and terms of service.
Without limiting the foregoing, you warrant and agree that your use of our Website and any User Submissions shall not:
(a) In any manner violate any applicable federal, provincial, local or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trade-mark, trade secret, copyright or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy;
(b) In any manner, violate the terms of use of any third-party website that is linked to our Website, including but not limited to, any third-party social media website;
(c) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in BBMD’s sole discretion;
(d) Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code;
(e) Involve, provide or contribute any false, inaccurate or misleading information;
(f) Include sending, knowingly receiving, uploading, downloading, using or reusing any material that does not comply with the User Submissions and Site Content Standards incorporated into these Terms and Conditions;
(g) Impersonate or attempt to impersonate BBMD, a BBMD employee, another User or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
(h) Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter or advertising or any other similar solicitation;
(i) Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm BBMD or Users of our Website or expose BBMD or other Users to liability;
(j) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass or alarm any other person;
(k) Promote any illegal activity, or advocate, promote or assist any unlawful act; or
(l) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
6. User Submissions: Grant of Licence
Our Website may contain Interactive Functions allowing User Submissions on or through our Website. None of the User Submissions you submit to our Website will be subject to any confidentiality by BBMD. By providing any User Submission to our Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.
You understand and agree that you, not BBMD nor BBMD’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. BBMD is not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of our Website.
7. Site Monitoring and Enforcement, Suspension and Termination
BBMD has the right, without provision of notice to:
(a) Remove or refuse to post on our Website any User Submissions for any or no reason in our sole discretion;
(b) At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating our Website and User Submissions and Site Content Standards or Terms and Conditions;
(c) Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of our Website. Without limiting the foregoing, BBMD has the right to fully cooperate with any law enforcement authorities or court order requesting or directing BBMD to disclose the identity or other information of anyone posting any materials on or through our Website; and
(d) Terminate or suspend your access to all or part of our Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS BBMD AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY BBMD AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER BBMD OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
BBMD has no obligation, nor any responsibility to any party to monitor our Website or its use and do not and cannot undertake to review material that you or other Users submit to our Website. BBMD cannot ensure prompt removal of objectionable material after it has been posted, and BBMD has no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party, subject to applicable laws.
8. No Reliance
The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Website.
Although BBMD makes reasonable efforts to update the information on our Website, BBMD makes no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of our Website and our services is at your own risk and neither BBMD nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever for your use of our Website.
Our Website may include content provided by third parties, including from other Users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by BBMD, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of BBMD. Neither BBMD nor its parent, subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
9. Privacy
By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission and disclosure of any such User Submissions in compliance with our Privacy Policy, as BBMD deems necessary for use of our Website and provision of services.
By using our Website, you are consenting to the use of cookies, which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of our Website may not function adequately. For more information on this automated information gathering practices, see our Privacy Policy
10. Third Party Websites
For your convenience, our Website may provide links or pointers to third-party sites. BBMD makes no representations about any other websites that may be accessed from our Website. If you choose to access any such sites, you do so at your own risk. BBMD has no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Such links to third-party sites from our Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from our Website. You may only use these features when they are provided by us and solely with respect to the content identified.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. BBMD reserves the right to withdraw linking permission without notice. Our Website in which you are linking must comply in all respects with the Terms and Conditions, User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
11. Online Purchases and Terms and Conditions for Services
All orders, purchases or transactions for the sale of goods or services or information made using our Website are subject to our terms and conditions of sale, incorporated into these Terms and Conditions.
a) Services and Performance
BBMD will provide our services, purchased through our Website, to you as described in your order confirmation and will use reasonable efforts to meet any performance dates specified in your order confirmation, and any such dates shall be estimates only. You are required to a) respond promptly to our requests to provide direction, information, approvals, authorizations or decisions and provide materials or information as reasonably necessary for us to perform the services you purchased through our Website in a timely manner; b) ensure that such materials or information are complete and accurate in all material respects; and c) obtain and maintain all necessary licences and consents and comply with all applicable laws in relation to the services you purchased through our Website, prior to the date on which the services you purchased are to begin.
b) User Acts or Omissions
If our performance of our obligations under these Terms and Conditions is prevented or delayed by any act or omission by you or your agents, subcontractors, consultants or employees, BBMD shall not be deemed in breach of its obligations under these Terms and Conditions or otherwise liable for costs, charges or losses sustained or incurred by you, in each case, to the extent arising directly or indirectly from such prevention or delay. If you or BBMD wishes to change the scope or performance of the services you purchased through our Website, you or BBMD, as applicable, shall submit details of the requested change to other party in writing. BBMD shall, within a reasonable time after such request, provide a written estimate to you of the likely time required to implement the change, any necessary variations to the fees or other charges arising from the change, the likely effect of the change on the services to be provided and any other impact the change might have on the performance of BBMD’s obligations under these Terms and Conditions. Promptly after receipt of the written estimate, the parties shall negotiate and agree in writing on the terms of such change (“Change Order”). Neither party shall be bound by any Change Order unless mutually agreed upon in writing.
c) Changes to Orders
Notwithstanding the above, BBMD may from time to time change the services offered and/or purchased through our Website without your consent, provided that such changes do not materially affect the nature or scope of such services or the fees of any performance dates set forth in your order confirmation. BBMD may charge for the time we spend accessing and documenting a change request from you on a time and materials basis in accordance with your order confirmation.
d) Payment Terms
In Consideration of the provision of services by BBMD and the rights granted to you under these Terms and Conditions, you shall pay the fees set forth in your order confirmation and shall pay all invoiced amounts due to BBMD within thirty (30) days from the date of BBMD’s invoice. You shall make all payments hereunder in Canadian dollars through Stripe or Paypal. In the event that payments are not received by BBMD within thirty (30) days of becoming due, BBMD may charge interest on any such unpaid amounts at the maximum rate permitted under applicable law, from the date such payment was due until the date paid and suspend performance of all services until payment has been made in full. You are responsible for all harmonized sales tax (HST), provincial sales tax (PST), goods and services tax (GST), value added tax, use and excise taxes and any other similar taxes, duties and charges of any kind imposed by any federal, provincial, territorial or local governmental entity on any amounts payable by you hereunder.
e) Representation, Warranty and Disclaimer
BBMD represents and warrants to you that it shall perform the services purchased through our Website using personnel of required skill, expertise and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under these Terms and Conditions. BBMD shall not be liable for breach of the aforementioned warranty unless you give written notice of the defective services, reasonably described, to BBMD within fifteen (15) days of the time when you discover or ought to have discovered that such services were defective. BBMD shall, in its sole discretion, repair or re-perform such services (or the defective part) or credit or refund the price of such services at the pro rata contract rate. The remedies set out herein shall be your sole and exclusive remedy and BBMD’s entire liability for any breach of the limited warranty set out herein.
OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND EXCEPT FOR THE WARRANTY SET OUT ABOVE, BBMD MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO PRODUCTS OR SERVICES PURCHASED THROUGH OUR WEBSITE INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY; WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE; WARRANTY OF TITLE OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL BBMD BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOSS OF DATA OR DIMINUTION IN VALUE OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL AGGRAVATED OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL BBMD’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO BBMD PURSUANT TO THE APPLICABLE ORDER CONFIRMATION IN THE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
This limitation of liability shall not apply to liability resulting from BBMD’s gross negligence or willful misconduct and death or bodily injury resulting from BBMD’s negligent acts or omissions.
f) Termination
In addition to any remedies that may be provided under these Terms and Conditions, BBMD may terminate its agreement with you, on thirty (30) days’ notice, to provide you with the services purchased through our Website if you fail to pay any amount when due in accordance with your order confirmation and such failure continues for five (5) days after your receipt of written notice of non-payment; if you have not otherwise performed or complied with any of these Terms and Conditions, in whole or in part; or if you become insolvent, file a petition for bankruptcy or commence proceedings related to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
g) Waiver
No waiver by BBMD of any of these Terms and Conditions is effective unless explicitly set forth in writing and signed by BBMD. No failure to exercise or delay in exercising any rights, remedies, power or privilege arising from these Terms and Conditions or your order confirmation operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
h) Force Majeure
BBMD shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions or your order confirmation for any failure or delay in fulfilling or performing any of these Terms and Conditions or obligations under your order confirmation when and to the extent that such failure or delay or caused by or results from acts or circumstances beyond the reasonable control of BBMD, including but not limited to, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, provincial or municipal emergency orders, lock-outs, strikes or other labour disputes, restraints or delays affecting carriers or inability or delay in obtaining suppose of adequate or suitable materials, materials or telecommunication breakdown or power outage. Notwithstanding the foregoing, this agreement shall continue in full force and effect.
12. Geographic Restrictions
The owner of our Website is based in Ontario, Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access our Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
13. Disclaimer of Warranties
NEITHER BBMD NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF OUR WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER BBMD NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS REPRESENT OR WARRANT THAT OUR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BBMD CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR OUR WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF OUR WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, BBMD WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
14. Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL BBMD NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, OUR WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
15. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless BBMD, its parent, subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of our Website, including, but not limited to, your User Submissions, third-party sites, any use of our Website’s content, services and products other than as expressly authorized in these Terms and Conditions.
16. Governing Law and Jurisdiction
Our Website and these Terms and Conditions will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to our Website and under these Terms and Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
17. Waiver
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
18. Severability
If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
19. Entire Agreement
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and BBMD regarding our Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
20. Reporting and Contact
All notices of intellectual property claims should be sent to [email protected].
Should you become aware of misuse of our Website, including libellous or defamatory conduct, you must report it to BBMD at [email protected].
All other feedback, comments, requests for technical support and other communications relating to our Website should be directed to [email protected].