Service Agreement
Using and Agreeing to Terms
THESE WEBSITE “TERMS” ARE LEGALLY BINDING. PLEASE READ THEM BEFORE USING THE WEBSITE OR ANY CRISPGUARD PRODUCTS AND SERVICES.
CrispGuard Pristine Solutions Inc. (“CrispGuard”, “we” or “us”) provides brand, product, and service information through our Website. This, along with related services, constitutes the “CrispGuard Products and Services”. For these Terms, “Website” refers to https://www.crispguard.com and its pages, excluding third-party sites.
Accessing and using the Website and CrispGuard Products and Services (“Content”) implies acceptance of these Terms. By doing so, you agree to our collection, use, and disclosure of personal information as outlined in our Privacy Policy, incorporated into these Terms. If you disagree with these Terms or the Privacy Policy, please refrain from using the Website, Store, or any Content.
Modifications to Terms; No Forfeiture of Rights
We maintain the right to modify, amend, or otherwise adjust these Terms as needed, without prior notification. Your continued use of the Website subsequent to any such changes indicates your acceptance of the updated terms. The most recent version of these Terms will dictate your use of the Website. Changes to these Terms will be publicly posted on the Website, with the revision date at the commencement of these Terms being updated accordingly. We recommend that you regularly review these Terms to stay informed about any recent updates. Please be aware that any alterations to these Terms or the waiver of our rights as outlined herein will only be deemed valid if documented in a written agreement bearing the physical signature of one of our directors or officers. Any purported waiver or modification of these Terms communicated to you via telephone or email will be considered invalid.
Limitations on Website Usage and Activities
You are authorized to access and print the Content, and to use the Website and Content solely for personal, non-commercial purposes and in accordance with these Terms. You agree not to sell, distribute, transmit, modify, publish, reproduce, or create derivative works from the Website or Content, or use them to develop a competing website or mobile application.
Furthermore, your use of the Website and any Linked Sites must comply with all applicable laws. You may not attempt to gain unauthorized access, damage, or interfere with the Website’s functioning. You also agree not to overload the Website’s resources or use automated tools to monitor or interfere with its content.
You are prohibited from using the Website or Content in a manner that infringes upon our proprietary or intellectual property rights. This includes refraining from creating products or services that compete with or interfere with our offerings.
Portable Devices and Mobile Phones
The Website can be accessed from various mobile devices. You acknowledge that we aren’t liable for ensuring your mobile device’s software compatibility with the Website or its accessibility through your device. You’re responsible for verifying if your mobile device’s software meets the Website’s requirements before accessing it. Please note that the Website’s performance on mobile devices may vary. While we strive for optimization, we can’t guarantee flawless operation on all devices. If you encounter issues, feel free to contact us for assistance.
Guidelines for User Behavior and Conduct on the Website
When using the CrispGuard Website and its Content, you agree to the following:
- Compliance with Laws: You will not engage in or promote any illegal activities while using the Website. Additionally, you will comply with all applicable local, provincial, state, national, and international laws and regulations.
- Respect for Website Integrity: You will not disrupt or interfere with the Website’s operation or disobey any network requirements, procedures, policies, or regulations connected to the Website.
- Software Integrity: You will not attempt to reverse engineer or compromise the functioning of the Website’s software or attempt to access secured areas without authorization.
- Spam and Impersonation: You will not use the Website to generate unsolicited email advertisements or impersonate another user.
Regarding User Content
- Content Standards: You are responsible for the content you provide, ensuring it does not infringe on intellectual property rights or violate laws or individual rights.
- Originality and Licensing: You will only provide original User Content for which you have the right to grant licenses. By providing User Content, you grant CrispGuard a wide-ranging license to use and exploit it.
- Monitoring and Enforcement: CrispGuard reserves the right to monitor, review, edit, remove, or restrict access to User Content or the Website, without prior notice, for any reason. You agree not to repost previously advised inappropriate User Content.
- No Confidential Relationship: Submitting User Content does not create a confidential or fiduciary relationship between you and CrispGuard or any third-party providers.
- Accuracy of User Content: CrispGuard does not guarantee the accuracy, completeness, or reliability of User Content and is not responsible for any interactions between users.
If you have any concerns or need assistance, please contact us.
Ensuring the Precision of Information
We strive to ensure that all information provided on the Website, including product details available in the Store, is accurate, up-to-date, and complete. However, occasional errors or inaccuracies, whether typographical or substantive, may occur in the information and materials presented. CrispGuard retains the sole discretion to discontinue, modify, enhance, or correct any information, materials, or descriptions on the Website without prior notice. Additionally, we may temporarily suspend or restrict access to the Website for maintenance, upgrades, or improvements, as deemed necessary. Please note that any dated information published on the Website is valid only as of its publication date, and we are under no obligation to update or revise such information. In the event of an incorrect listing of a CrispGuard product price, we reserve the right to refuse or cancel any orders placed for the product at the incorrect price. This applies regardless of whether the order has been confirmed and payment processed. If payment has already been processed for a cancelled order, CrispGuard will promptly issue a refund for the incorrect amount to the original payment method used.
Connections to External and Third Party Websites
The CrispGuard Website may provide connections to external web destinations (“Associated Sites”) that are not under our ownership or control. It’s essential to understand that we do not govern the content or practices of these Associated Sites. The inclusion of a link to an Associated Site on our Website does not imply our endorsement or acceptance of responsibility for its content or usage. By accessing Associated Sites through our Website, you acknowledge our disclaimer of liability for their content, practices, or any consequences resulting from your interaction with them.
You acknowledge and accept that CrispGuard bears no responsibility for any damages or liabilities arising from your use of Associated Sites. By using our Website, you release CrispGuard from any and all liability associated with your interaction with Associated Sites. We recommend reviewing the terms of use and privacy policies of any Associated Sites you visit, as they may differ from ours. If you have any concerns or questions regarding Associated Sites featured on our Website, please don’t hesitate to contact us for assistance.
Connections to Our Website
Although we welcome links to our Website, we retain the prerogative to prohibit or decline any link to our Website at our discretion. You agree to promptly remove any link to our Website upon our request.
Regrettably, transmitting information over the Internet and mobile platforms carries inherent risks. Despite our implementation of security measures to safeguard your personal information, we cannot ensure absolute security at all times. Therefore, any transmission of your personal information is undertaken at your own risk.
Ensuring the Security of Your Information
Despite our diligent efforts to maintain the security of the Website and safeguard the data you share with us, it’s important to recognize that the inherent nature of internet communications may pose certain security risks. Therefore, we cannot guarantee the absolute security of any information transmitted to or from the Website.
While we strive to employ commercially reasonable security measures, the transmission of data over the internet inherently carries risks, and we cannot ensure the security of any communication sent or received through the Website. Consequently, we do not provide any assurances or warranties regarding the interception of personal or other information by third parties. As a result, we cannot guarantee the security of the Website or any transmitted information and will not be held liable for any unauthorized access to or use of data transmitted via the Website. We encourage users to exercise caution and employ best practices to protect their information when utilizing the Website.
Customer Account
To access services within our website, you may be required to register an account with us. Upon registration, you are responsible for maintaining the confidentiality of your login credentials and for limiting access to your computer or account. Should you suspect any unauthorized use of your password or account, you agree to promptly notify us. Furthermore, you agree to assume responsibility for and indemnify us, along with our subsidiaries, affiliates, directors, officers, agents, advisors, and employees, for any activities conducted under your account or password.
Transactions for Payment
You acknowledge that only individuals of legal adult age (as defined by their local jurisdiction) are permitted to engage in payment transactions. All payments must be made through a payment provider or processor approved by CrispGuard, and you agree to adhere to the terms and conditions associated with that payment method. By providing payment account details to CrispGuard, you certify that you are the authorized user of said account. CrispGuard or its approved third-party payment provider will charge your designated payment method for applicable fees and taxes as required by law, with your consent.
You are solely responsible for all charges incurred on your payment account. Upon authorizing CrispGuard or our approved payment provider to charge your account for a specified amount, you understand and agree that, to the extent permissible by law, such charges are non-refundable in whole or in part. This includes instances such as account termination, the conclusion of these terms, or the interruption or cessation of the Website or any CrispGuard products or services.
Declaration of Absolution from All Assertions, Assurances, and Stipulations
The information and materials provided on the website, and access to the content, are provided on an “as is,” as-available basis. We and our directors, officers, employees, advisors, affiliates, and agents (collectively, “CrispGuard Parties”) make no representations or warranties of any kind, either express, implied, statutory, by usage of trade, course of dealing, or otherwise, with respect to the accessibility or capability of the website or the accuracy or the completeness of the data provided thereon. All warranties of any type, express or implied, including without limitation warranties of merchantability, non-infringement, title, satisfactory quality, or fitness for a particular purpose, are expressly disclaimed. Any information or material accessed, viewed, downloaded, or otherwise obtained through the use of the website and the content by any means of access whatsoever is at your own discretion and risk, and you will be solely responsible for any damage to your computer system, loss of data, failure to transmit data, or any other loss that results from accessing, viewing, downloading, using, or relying on any such material. We do not warrant that the content will meet any particular criteria of performance or quality or that the website is free of other harmful components.
We do not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through any website that can be reached from a link on the website or featured in any banner or other advertising on the website, and we shall not be a party to any transaction that you may enter into with any such third party.
Expansion of Liability Restraints and Indemnity Provisions
Your use of the CrispGuard website and any information therein, as well as your purchase and use of any products obtained, is solely at your own risk. None of the CrispGuard parties shall be liable under any legal theory, including contract or tort law, for any damages arising from your use of the website, its information, or products. This includes, but is not limited to, direct, indirect, special, incidental, consequential, or exemplary damages resulting from website use, product purchase, inconvenience, delays, loss of use, or access, or inaccuracies in the website’s content or linked sites.
CrispGuard’s total liability for any purchased products shall not exceed the amount paid for said products. You agree to indemnify and hold the CrispGuard parties harmless from any claims, damages, losses, costs, and expenses, including attorneys’ fees, arising from your use of the website, violation of these terms, or infringement upon the rights of others, including intellectual property rights.
You acknowledge that CrispGuard provides the website, content, and links subject to these limitations of liability, exclusions, and disclaimers, which form an essential basis of the contract between you and CrispGuard. These limitations and disclaimers survive any fundamental breach, failure of essential contract purpose, termination, or suspension of website access.
Capacity to Agree to the Terms of Use
You hereby affirm, declare, and guarantee the following:
(i) You assert and assure that you are an individual of legal age, surpassing the threshold of majority as defined by the laws applicable in your jurisdiction.
(ii) You certify that your utilization of the Website occurs within a jurisdiction wherein access to, or utilization of, the Website (or any constituent component thereof) remains unimpeded and lawful, devoid of any prohibitions or illegality.
(iii) You assert and guarantee that you possess the complete capacity and competency to engage in, and adhere to, the terms delineated within these Terms of Use. Your ability to comprehend, consent to, and fulfill the obligations set forth herein is fully intact and uninhibited by any factors that may impede your capacity to enter into such agreements.
Termination of Agreement and Cessation of Services
In specific situations and without prior notification, we reserve the right to promptly revoke your access to the Website or its components. You recognize and consent to the fact that all terminations are subject to our unilateral judgment, and we shall not incur any liability to you or any third party for the termination of your Website access.
Termination of your access to the Website may occur in various circumstances, including but not limited to:
Violation of Terms: If you breach any terms or conditions outlined in our Terms of Use or other applicable agreements.
Legal Compliance: If your access to the Website is deemed unlawful or violates any local, national, or international laws or regulations.
Security Concerns: If we determine, in our sole discretion, that your continued access to the Website poses a security risk or threat to the integrity of our systems or data.
Abuse of Services: If your usage of the Website is abusive, fraudulent, or interferes with the experiences of other users.
Operational Needs: If termination is necessary for maintenance, upgrades, or other operational reasons.
Please note that the termination of your access to the Website may be immediate and without prior notice. By accessing the Website, you acknowledge and accept this possibility, understanding that our decisions regarding termination are final and non-negotiable.
Accessibility and Continuity of Website Services
We cannot provide an absolute assurance that the Website will be accessible at all times, without any interruptions or delays. While we are dedicated to offering a highly dependable website experience, occasional disruptions in accessing the Website may occur, and we want to emphasize that we cannot accept liability for any damages that may arise from such occurrences. Our commitment to reliability notwithstanding, various factors, including but not limited to technical glitches, server maintenance, internet connectivity issues, and unforeseen circumstances, may contribute to temporary unavailability or delays in accessing the Website.
It is important to recognize that despite our best efforts to maintain a seamless user experience, certain situations beyond our control may impact the availability and accessibility of the Website. Therefore, we advise users to acknowledge the inherent risks associated with online services and to exercise understanding in the event of any disruptions. We strive to minimize the frequency and duration of such interruptions through proactive monitoring, prompt resolution of technical issues, and continual improvement of our infrastructure. Nevertheless, we urge users to exercise patience and to report any concerns or issues they encounter while accessing the Website, allowing us to address them promptly and effectively.
By utilizing the Website, users implicitly acknowledge and accept the possibility of occasional interruptions or delays and understand that such occurrences are not indicative of any negligence on our part but rather a reality of online operations.
Protection and Ownership of Intellectual Property
The Website and its Content are exclusively owned by CrispGuard, protected by its intellectual property rights. By accessing the Website, you agree to respect all associated intellectual property notices and restrictions.Certain elements on the Website, such as names, graphics, logos, and phrases, may be trademarks or intellectual property owned by CrispGuard or third parties. CrispGuard retains sole ownership of its intellectual property.
Your access to the Website does not grant you any rights to use its Content or intellectual property for commercial purposes or reproduction without prior written consent from CrispGuard or the relevant third party.
Survival of Intellectual Property Rights Provisions
The clauses contained within these Terms of Service that necessitate or anticipate performance subsequent to the conclusion or termination of these Terms shall continue to be binding and enforceable, even in the event of such conclusion or termination. Such provisions shall retain their efficacy and applicability beyond the cessation or termination of these Terms, ensuring that any obligations, rights, or responsibilities that extend beyond the period of these Terms shall remain intact and enforceable.
This includes, but is not limited to, clauses pertaining to confidentiality obligations, indemnification provisions, intellectual property rights, dispute resolution mechanisms, and any other provisions explicitly intended to survive the conclusion or termination of these Terms. By accepting these Terms and utilizing CrispGuard’s services, you acknowledge and agree to the enduring enforceability of these post-termination provisions, which are integral to maintaining the integrity and continuity of the contractual relationship between you and CrispGuard
Additional Provisions
You are prohibited from utilizing or exporting any Content, including products available on the Website, in contravention of applicable laws, including those governing Canadian exportation.
In the event that any provision within these Terms is deemed void or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be restricted or substituted with a valid provision that aligns with the original intent of these Terms, ensuring their continued effectiveness and validity. These Terms, in conjunction with the Privacy Policy, constitute the comprehensive agreement governing your interactions with CrispGuard via the Website, superseding any prior agreements or understandings between you and CrispGuard. Unless stipulated otherwise in a separate purchase agreement, CrispGuard does not entertain counter-offers to these Terms. It’s noteworthy that CrispGuard’s failure to enforce any provision within these Terms at any given time does not relinquish its right to enforce said provision at a later date, nor does it constitute a modification of these Terms. Importantly, these Terms do not confer any rights or remedies upon third parties and shall remain binding upon the parties involved, including their heirs, executors, administrators, successors, and permitted assigns
Legal Venue and Governing Law
By accessing the Website, users do so voluntarily and are accountable for adhering to all relevant laws in their jurisdiction. Acknowledging the worldwide reach of the Internet, users must also comply with local regulations governing online behavior and content submission. These Terms are governed by the laws of the Province of British Columbia, Canada, and federal laws of Canada, without consideration of conflicting jurisdictional laws. Users consent to the exclusive jurisdiction of courts in the Province of British Columbia, Canada.
Last Update on April 26, 2024