Terms Of Service

Introduction

This website is operated by Cadworth Products.   The terms “our,” “us,” and “we” refer to Cadworth Products. The following Terms of Service (the “Terms”) govern the use of this website. Please read the Terms carefully. Any disclaimers, conditions or terms found on the pages of this website are to be read together with the Terms. The Terms are applicable to everyone who uses the website, including customers, browsers, content contributors, vendors, and merchants. Any person who uses and accesses this website agrees and accepts to comply with and bound by our Privacy Policy and the Terms.   If you do not agree with our Privacy Policy and our Terms, you may not place an order on our website, use any of our website’s services, or access our website.

 

Use of our Website

You agree to use our website for legitimate purposes only and not for any unauthorized or illegal purpose including without limitation, any violation of privacy or intellectual property law. By agreeing to the Terms, you warrant and represent that you have attained at least the age of majority in your province or state of residence and are able to enter into a binding contract.

You agree that any activities conducted on the website will not violate any law or constitute a criminal or civil offence. You agree not to attempt to gain unauthorized access to our systems or interfere with our website’s security or network features.

You agree to supply us with accurate personal information to contact you or complete your order, including contact details, your email address, and your mailing address. You agree to update your information and account promptly.   You authorize us to use and collect this information to contact you in conformity with our Privacy Policy.

 

General Conditions

We reserve the right to refuse service to any person, for any reason and at any time.   We reserve the right to make any changes to the website without notice, including discontinuing, terminating, suspending, or changing any aspect of the website at any time. We may add additional limits or rules on the use of this website. You agree to check the Terms regularly and by continuing to use or access our website, you are agreeing to any changes made.

You agree that we will not be liable to any third party or to you for any discontinuance, suspension, or modification of our website or for any product, content, feature, or service offered through our website.

 

Products or Services

All orders placed through our website are subject to product availability. We may, in our sole discretion, limit the sales of our services and products to any person, jurisdiction or geographic region, or household or cancel or limit the quantities offered on our website.

Product prices are subject to change without notice. Prices on our website are in Canadian funds unless indicated otherwise.

We reserve the right to refuse, in our sole discretion, orders that appear to be placed by resellers or distributors. If we believe that an order you have placed is fraudulent or false, we will be entitled to inform the relevant authorities and cancel the order.

The accuracy of the design or colour of the products on our website is not guaranteed.   We have made efforts to ensure that the design and colour of our products is shown with the highest possible degree of accuracy on our website.

 

Links to Third-Party Websites

Links to or from external websites are intended for convenience only. We do not control, endorse, approve, or review, and are not responsible for any sites linked to or from our website, the third parties named on these sites, the content of these sites, or their services and products. If you link to another site, you do so at your own risk. We will not be held liable or responsible for any damages in connection with linking. Links to sites containing downloadable software are only for convenience and we will not be liable or responsible for any consequences or challenges created by downloading the software. Any downloaded software is governed by the terms of the license agreement that is provided with or accompanies the software.

 

Use Comments, Feedback, and Other Submissions

You acknowledge that you are responsible for the comments, opinions, profiles, messages, information, and any other content (collectively referred to as the “Content”) that you share, distribute, or post through or on our website or services that are connected to the website. You also assume full responsibility for the content, including but not limited to its intellectual property ownership, legality, copyright, and trademark.

You agree that any information you submit as a response to a request by us for a specific submission may be recreated, edited, modified, distributed, adapted, or published by us. You also acknowledge that we are not required to respond to any Content, pay compensation for any Content, or maintain any Content in confidence.

You agree that you will not share, distribute, or post any Content on our website that is protected by patent, trademark, copyright, or any other proprietary right without express authorization of the rights owner. You also agree that your Content will not be abusive, unlawful, or obscene and that it will not contain any computer virus or malware that could cause damage to our website’s operations. You will be fully responsible for any Content you provide as well as its accuracy. We assume no liability and we will not assume responsibility for any content posted by a third-party or by you.

We retain the right to delete and/or remove any Content that we deem objectionable and to terminate your ability to post on our website. You waive any claim against us for the deletion and/or removal of your Content and you agree to such deletion and/or removal.

 

Your Personal Information

To learn more about how your personal information is used, collected, and shared, please refer to our Privacy Policy.

 

Errors and Omissions

Please be aware that our website may not be current or complete and it may contain inaccuracies or typographical errors. We reserve the right to correct any omissions, inaccuracies, or errors and to update or change information at any time without notice, including after an order has been placed. These omissions, inaccuracies, or errors may relate to product availability, pricing, promotion, or description. We reserve the right to refuse or cancel any order based on inaccurate availability or pricing information, to the degree allowed by applicable law.

We do not undertake to clarify, modify, or update information on our website, except as required by law.

 

Disclaimer and Limitation of Liability

All risk and responsibility with respect to your use of our website rests with you. Our website is provided “as is” without representations, conditions, or warranties of any kind, either implied or express, with regard to the services, functions, materials, and content provided on the website, all of which are furnished without any kind of warranty, including but not limited to warranties concerning the usefulness, completeness, accuracy, or availability of information or content, and any warranties of fitness for a particular purpose, merchantability, non-infringement, title, or uninterrupted access. We do not warrant that the servers that make our website available or our websites are free from viruses or other harmful software. We also do not warrant that our website, its operation, or the material and content of the services made available thereby, will be error-free, uninterrupted, secure, or timely, or that defects will be corrected.

You are solely responsible for all risks and costs related to the use of this website. We shall not be held liable for any damages associated with your use of our website.

Under no circumstances will we, our affiliates, our or their respective service providers, content providers, employees, agents, directors, suppliers, contractors or officers be liable to you for any lost profits, lost revenue, punitive, exemplary, special, indirect, direct, or incidental damages, causes of losses of action, lost sales or business, or any other sort of damage whether based in strict liability, tort (including negligence) or contract, arising from the performance of, your use of, or the inability to use, our website or the functionality, material, or content of our website, even if we are informed of the potential of such damages.

Some jurisdictions may not allow limitation or exclusion of certain damages or limitation of liability. In these jurisdictions, all or some of the above limitations, exclusions, or disclaimers may not be applicable to you and our liability will be limited to the greatest extent allowed by law.

 

Indemnification

You agree to indemnify and defend us, and hold us and our affiliates harmless, and our and their respective employees, agents, officers, contractors, and directors against any expenses (including legal fees), liabilities, losses, and claims in any way related to, in connection with, or arising from your use of our website, the transmission or posting of any materials through or on the website by you, your violation of the Terms, including but not limited to, any third party allegation that any materials or information furnished by you infringe upon the proprietary rights of any third party.

 

Entire Agreement

The Terms and any document specifically referred to in them constitute the whole agreement between you and us with regards to the subject matter of the Terms and supersede any previous arrangement, understanding, or agreement between you and us, whether in writing or oral. Both we and you agree that, in entering into these Terms, neither we nor you have relied on any promise, undertaking, or representation made by the other or implied by anything written or said between us and you previous to such Terms, except as written specifically in the Terms.

 

Waiver

Our failure to enforce or exercise any provision or right of the Terms does not imply a waiver of such provision or right. A waiver by us of any default does not imply a waiver of any future default. A waiver made by us is of none effect unless it is delivered to you in writing.

 

Headings

Any titles or headings herein are only for convenience.

 

Severability

If any competent authority determines that any portion of the Terms is unenforceable, unlawful, or invalid, such portion will be severed from the remaining Terms, which will remain enforceable and valid to the maximum extent allowed by law.

 

Governing Law

Any disagreements relating to or arising out of the Privacy Policy, the Terms, our services or products, or the use of our website, will be resolved in conformity with the laws of the Province of Saskatchewan without regard to its conflict of law rules. Any proceedings, actions, or disputes relating to use or access of our website or the Terms must be heard in the courts of the Province of Saskatchewan in the City of Regina, Saskatchewan. You consent irrevocably to the exclusive venue and jurisdiction of such courts.

 

Questions or Concerns

Feel free to send feedback, comments, and questions to us at: https://cadworth.com/contact-us/