1. Introduction and Acceptance of Terms
1.1 These Terms of Service ("Terms") govern your access to and use of the website carbonhill.ca ("Website") and the services, features, content, and products provided by Carbon Hill ("we," "us," or "our") through the Website (collectively, the "Services").
1.2 By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the Website or use any Services.
1.3 We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
2. Definitions
2.1 "User," "you," and "your" refer to you, the person accessing this Website and accepting these Terms.
2.2 "Content" means all information, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services.
2.3 "User Content" means any Content that Users provide to be made available through the Services.
3. Use of Services
3.1 Eligibility: You must be at least the age of majority in your province or territory of residence to use our Services. By using our Services, you represent and warrant that you meet this eligibility requirement.
3.2 Account Registration: Some features of the Services may require you to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.3 Prohibited Uses: You agree not to engage in any of the following prohibited activities:
(a) Using the Services for any illegal purpose or in violation of any local, provincial, national, or international law;
(b) Violating or infringing other people's intellectual property, privacy, publicity, or other legal rights;
(c) Transmitting any viruses, malware, or other types of malicious code;
(d) Interfering with or compromising the integrity, security, or performance of our Services;
(e) Attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Services;
(f) Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity.
4. Intellectual Property Rights
4.1 The Services and Content (excluding User Content) are owned by Carbon Hill or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 Subject to your compliance with these Terms, Carbon Hill grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services.
5. User Content
5.1 You retain all rights in, and are solely responsible for, the User Content you post to the Services.
5.2 By making any User Content available through the Services, you grant to Carbon Hill a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services.
6. Products and Services
6.1 All descriptions of products and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
6.2 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6.3 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
7. Payments and Billing
7.1 You agree to provide current, complete, and accurate purchase and account information for all purchases made through our Services.
7.2 You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8. Termination
8.1 We may terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
8.2 If you wish to terminate this agreement, you may simply discontinue using the Services.
8.3 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Disclaimer of Warranties
9.1 THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
10. Limitation of Liability
10.1 IN NO EVENT SHALL CARBON HILL, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.
10.2 CARBON HILL'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF FIFTY CANADIAN DOLLARS ($50.00), OR THE AMOUNT YOU PAID CARBON HILL IN THE PAST SIX MONTHS, WHICHEVER IS GREATER.
11. Indemnification
11.1 You agree to defend, indemnify, and hold harmless Carbon Hill and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Services, including any breach by you of these Terms.
12. Governing Law
12.1 These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.
12.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
13. Changes to Terms of Service
13.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
14. Contact Information
14.1 If you have any questions about these Terms, please contact us at info@carbonhill.ca.
Last updated: October 16,2024
Carbon Hill
info@carbonhill.ca