Terms and Conditions
Table of Contents
Last Updated: 2023-04-26
"Account": The account you create on the website to access some features.
"Company," "Us," "We," and "Our": Refers to Erik MacKinnon and/or Gravytrain Marketing Ltd.
"Content": Information on the website, like text, images, code, and other materials.
"Goods": Products we supply and make available to you, as detailed in the Invoice.
"Invoice": A list of Goods or Services we provide to you, with individual amounts and a total.
"Party": You or us, or anyone else involved in this agreement. "Parties" refers to both you and us.
"Services": Work we do for you.
"Supply": Providing Goods or Services as per the Invoice.
"You" and "Your": The visitor, user, client, customer, or person using the website and accepting this agreement.
2 User Rights and Responsibility
2.1 Acceptable use
We're not responsible if the website is unavailable for any amount of time.
You must keep your passwords and usernames safe. We can terminate or suspend your account if we suspect non-compliance.
Don't use our name or trademarks in hidden text or meta tags without our written consent.
You can't reproduce, sell, or exploit the website or its content for commercial purposes without our written consent.
Your access to the website doesn't include rights for resale, commercial use, or data mining.
Use our website legally and respectfully.
We promote a respectful environment for idea exchange. We may monitor your conduct but are not obligated to do so.
2.2 Prohibited Use
Don't use our service to:
- Send unsolicited or unauthorized ads or promotional material.
- Disrupt our servers or harm the website.
- Distribute harmful material like viruses.
- Harass, threaten, or incite violence towards individuals or groups.
- Break any laws or regulations.
- Engage in fraudulent or unlawful activities.
- Imply sponsorship, endorsement, or affiliation with us or the website.
- Interfere with others' use of the website.
- Misrepresent your identity or impersonate others.
- Modify or reverse engineer our software.
- Provide false, misleading, or inaccurate information.
- Use the website for illegal purposes or to infringe on others' rights.
- Upload inappropriate or offensive content.
- Use the website for spam or commercial solicitation.
- Violate others' privacy.
3 Our Content
Except for User Content, we own all content on the website or have the rights to use it. This content is protected by intellectual property laws.
Our content remains our exclusive property unless agreed otherwise. Don't remove copyright, trademark, or proprietary notices from our content.
You may view, play, print, and download our copyrighted content for personal, informational, and noncommercial purposes. You can't modify, distribute, or sell our content without our permission.
4 Trademarks/ No Endorsement
All our trademarks, service marks, and trade names (collectively "Marks") belong to us or our affiliates, partners, vendors, or licensors. You can't use our Marks without our written consent.
Don't use our name, pictures, or symbols to imply our endorsement without our written consent.
5 Right To Takedown Content
You are responsible for your User Content. We don't have to prescreen content, but we can edit, refuse to post, or remove material at our discretion without notice.
If you want to remove your User Content, email us at email@example.com and we'll get it taken down within a few days of confirming your request. Please note that your User Content might remain in a backup server, inaccessible to the public, for some time after.
6 Your Account
When using our website, please:
- Give accurate and up-to-date information about yourself on the registration page (called "Account Data").
- Keep your Account Data accurate and updated.
You are responsible for keeping your password and account secure. Don't share your account details or let anyone else use your account. You're responsible for all activity under your account. Make sure to use security measures that fit your needs.
If you notice unauthorized use of your account or a security breach, let us know right away.
You might also be able to sign in with third-party services like Facebook, Twitter, Google or LinkedIn. Their terms and policies apply when using their services.
We use Stripe (“Payment Processor”) to manage your payments. Stripe is responsible for things like credit checks, payment reports, and collections. We aren't responsible for issues with your payments.
If you find billing issues or discrepancies, let us know or contact the Payment Processor within 60 days. If you don't, you lose your right to dispute the issue.
We might use other third-party payment providers in the future. If we do, we'll email you at least 30 days before the change.
Payments under this agreement are non-refundable. No refunds will be given for discounts, vouchers, or coupons used as part of the service.
8 Website Information
We try to keep information on our website accurate, complete, and current. However, sometimes it may be incorrect, incomplete, or outdated. We don't guarantee the accuracy or completeness of the information on our website.
Using our website may expose you to content you find offensive, objectionable, harmful, inaccurate, or deceptive. You assume all risks associated with using our website.
We store your information on a secure private server. We take reasonable steps to protect your information, but no security system is perfect. We can't guarantee the security of information you provide to us.
10 Links to our Website
Don't display our website or its content on another site without our written permission.
We allow you to link to our website from your site, but you don't have any other rights. We don't guarantee or endorse the information or products on your site.
Don't use the link in a misleading, defamatory, or offensive way, or in a way that harms our reputation. Your site should not have harmful or illegal content. Remove the link if we ask you to.
To request written consent, email us at firstname.lastname@example.org.
11 Third-Party Links
Our website may have links to sites we don't own or control. We provide these links for your convenience, but we're not responsible for their content, materials, or accessibility.
We don't endorse or guarantee any other sites, their content, or the results from using them. Use other sites linked from our website at your own risk. Read their privacy statements and be cautious with your personal information.
We're not responsible for any loss or damage from your use of third-party sites.
12 Intellectual Property Rights
We own the copyright and intellectual property rights for the material on our website, including text, images, graphics, designs, and logos.
Our intellectual property is protected by law.
As part of this agreement, you agree not to copy, distribute, sell, or publish any material from our website without our written permission.
13 Copyright Notice
Everything you see here, all design, graphics, code, text, arrangements, software, literally everything on this website is copyright © 2023 Gravytrain Marketing Ltd. or its licensors.
Just in case this wasn't clear: all rights are reserved.
Using the website is at your own risk. The information, materials, and services provided on or through the website are offered as-is without any warranties, including warranties of merchantability, fitness for a particular purpose, security, or non-infringement of intellectual property. Neither we nor our affiliates guarantee the accuracy or completeness of the information, materials, or services provided on or through the website. The information, materials, and services provided on or through the website may be out of date, and neither us nor our affiliates commit to updating them. The exclusions of implied warranties do not apply where prohibited by law. Please refer to your local laws for any such prohibitions.
No advice or information, whether oral or written, obtained from the website or through our services will create any warranty not expressly stated herein.
15 Limitation of Liability
We do not assume responsibility for damages to your computer, telecommunication equipment, or other property caused by accessing or using the website or downloading information or materials from the website. In no event will we or our officers, directors, employees, shareholders, affiliates, agents, successors, or assigns, nor any party involved in the creation or transmission of the website, be liable for indirect, special, punitive, incidental, or consequential damages arising from the use, inability to use, or results of using the website or any websites linked to the website, or the materials, information, or services contained on such websites, whether based on warranty, contract, tort, or any other legal theory, and whether or not advised of the possibility of such damages. You specifically acknowledge that we are not liable for user submissions or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you. The limitations of liability do not apply where prohibited by law. Please refer to your local laws for any such prohibitions.
If you have a problem with the website or its content, your sole remedy is to stop using the website. If you have a problem with products or services purchased on or through the website, your sole remedy is to seek a return and refund according to the manufacturer's or supplier's warranty, or in accordance with the returns and refunds policies posted on the website. Our total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, shall not exceed the greater of $100 United States Dollars or (b) the value of your subscription or purchase made on the website.
You agree to defend, indemnify, and hold us and our affiliated companies or individuals harmless from liabilities, costs, and expenses, including reasonable attorneys' fees, related to your use of the website or any violation of this agreement, including any breach of the representations and warranties, any violation of third-party rights, any violation of law or regulation, any claim or damages arising from user content you provide to us, or any other party's access and use of the website with your unique username, password, or other security code.
If you have a dispute with one or more other visitors, users, customers, or clients of the website, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or connected with such disputes.
We reserve the right to send you an email for the purpose of informing you of changes or additions to the website or this agreement.
19 Dispute Resolution and Arbitration
You and we agree to the following dispute resolution process for any legal controversy or claim arising out of or relating to this agreement, the website, any subscription to the website, or any other aspect of our relationship (“Subject Legal Claim”).
To help resolve any issues between us promptly and directly, you and we agree to begin any arbitration within 15 days after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived.
In an attempt to find the quickest and most efficient resolution of our issues, you and we agree to first discuss any issue informally for at least 15 days. To do that, please send your full name and contact information, your concern, and your proposed solution by email to us at email@example.com. If we need to discuss an issue with you, we will contact you using the email or mailing address on your account.
If we do not reach an agreed-upon solution after our discussions for at least 15 days, you and we agree that any Subject Legal Claim that either of us may have must be resolved through binding individual arbitration in British Columbia, Canada.
There are two limited exceptions to this Dispute Resolution and Arbitration provision: (a) either party may pursue in small claims court any action within that jurisdiction, as long as the case proceeds on an individual basis only; (b) either party may seek to enforce its patents, trademarks, copyrights, or trade secrets in an appropriate state or federal court.
You and we also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis.
We may terminate this agreement:
- for any or no reason during any free use of the websites or services;
- if you breach any of the terms of this agreement, and that breach is not remediable;
- if you breach any of these terms of this agreement and that breach is not remedied within 0 days of receiving written notice of the breach;
- if you have failed to pay any due charges by the stated date.
We may also block your access to our website in the event that:
- you breach this agreement;
- we are unable to verify or authenticate any information you provide to us; or
- we believe that your actions may cause financial loss or legal liability for you, our users, or us.
You may terminate your use of the website or the services by contacting us through our contact details in this policy. The termination request will be subject to our verification of your ownership of the account.
In terminating your account, you will be liable to pay all fees and charges that have accrued up until the termination takes place. You are personally liable for any orders placed or charges incurred through your account prior to termination.
Either party may terminate the agreement:
- Upon 0 days' written notice to the other party of a material breach if such breach remains uncured at the expiration of such period;
- If the other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.
21 Consequences of Termination or Expiration
Upon the effective date of termination or expiration of this agreement:
- All rights, subscriptions, and licenses granted to you will be terminated immediately.
- You will immediately cease use of and/or access to the account, website, and the services.
- We will suspend or terminate your access to the website and services.
- We will suspend or terminate access to any or all of the data to the extent permitted by law.
The termination or expiry of this agreement will not affect any of our accrued rights and liabilities at any time up until the date of termination.
This agreement may be updated from time to time. By continuing to use the website after any changes, you agree to the updated terms. If you're not a registered user, you can check this page for updates.
Significant updates will be shown by an updated effective date at the top left corner of this page and an announcement on the homepage. It's your responsibility to stay informed about any changes and comply with the revised terms. If you don't agree with the changes or become unhappy with the website, you can stop using it. Continuing to use the website after the update means you accept the changes.
23 Force Majeure
We're not responsible for any damage, delay, or failure caused by events beyond our control, such as natural disasters, war, government actions, labor disputes, or shortages in materials or services.
24 Minimum Age Requirements
Our website is not for children. You must be at least 13 years old in the USA, 16 years old in the European Union, or legally able to enter into agreements to use our website. By registering or providing personal information, you confirm that you meet these age requirements.
By agreeing to these terms, you represent and warrant that you meet the required age or legal capability.
Jurisdiction and Choice of Law: Any claim related to this website is governed by the laws of British Columbia, Canada. You agree to the jurisdiction of the courts in British Columbia.
Entire Agreement: This agreement, along with any other referenced agreements, represents the entire understanding between you and us.
Severability: If any part of this agreement is found to be invalid or unenforceable, the remaining parts will still be enforced.
Assignment: We can assign this agreement at our discretion. You cannot assign this agreement without our written consent.
Headings: Headings are for reference only and don't define, limit, or describe the sections.
No Waiver: If we don't act on any breach, it doesn't mean we won't act on future breaches.
Survival: Certain clauses will remain in effect even if this agreement is terminated or expired.
26 User Feedback
We welcome your feedback and suggestions to improve the website. You can send feedback to firstname.lastname@example.org. By submitting feedback, you grant us a license to use your feedback for any purpose.
27 Notice for California Users
California users have specific consumer rights under California Civil Code Section 1789.3. You can contact us at email@example.com. The California Department of Consumer Affairs can be reached at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834 or (800) 952-5210.
28 Contact Us
If you have questions or comments about these terms, please contact us at firstname.lastname@example.org.