terms of service.

Strainprint Technologies Ltd. (“Strainprint”) User Terms of Service

This website (the “Site”) is operated by Strainprint Technologies Ltd. (“Strainprint”). Throughout the Site, the terms “we”, “us” and “our” refer to Strainprint. Strainprint offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site, purchasing something from us and/or posting to our public forum, you engage in our “Service” and agree to be bound by these Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, then you may not access the Site or use any aspect of the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

By agreeing to these Terms of Service, you represent that you have reached the age of majority in your province or state of residence.

Strainprint does not guarantee that the content of this Site and/or the Service is appropriate for all jurisdictions. You acknowledge that access to the content on the Site and use of the Service may not be legal by certain persons or in certain jurisdictions.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

For the purposes of these Terms of Service, “Content” means information, materials and other content, including, but not limited to, video, sounds, images, text, data and designs.

SECTION 1 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 2 - MODIFICATIONS TO THE SERVICE


We reserve the right to modify or discontinue the Service (or any part or Content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

SECTION 3 - ONLINE STORE


The online store portion of our Site (the “Store”) is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell products to you.

We reserve the right to refuse to complete the purchase of any product on the Store to anyone for any reason at any time.

You may not use any products purchased from us for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

By making a purchase from us, you understand and agree that we may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, vendor direct shipping and credit card authorization. Your Content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Prices for our products are subject to change without notice. For further information about customer service matters including our return policy and shipping information, contact support@strainprint.ca.

SECTION 4 - PRODUCTS


The ability to purchase any product listed on the Site is subject to availability.

All products purchased through the Site are subject to return or exchange only according to our return policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the Store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product 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. Any offer for any product or service made on the Site is void where prohibited.

We do not warrant that the quality or attributes of any product purchased or obtained by you through the Site will meet your expectations.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at the Store. 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.

SECTION 6 - ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 7 - OPTIONAL TOOLS


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS


Certain Content, products and services available through the Service may include materials from third-parties.

Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, Content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions (for example contest entries) or if, without a request from us, you post to our user forum or send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you grant to Strainprint an unrestricted, irrevocable licence to edit, copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, such comments without compensation or acknowledgment. For clarity, we are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Strainprint acts solely as a technological intermediary between Users, pursuant to 47 U.S.C. § 230. Strainprint does not produce, provide or control user Content. We may, but have no obligation to, monitor, edit or remove comments or other Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. However, we have no liability related to any comments, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION


Your submission of personal information through the Store, the Community Forum or otherwise on the Site is governed by our Privacy Policy, found at here, which is incorporate herein by reference. 

You agree to provide true, accurate, current, and complete information when registering for use of the Service. It is your responsibility to maintain and promptly update this information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your use of the Service without notice and to refuse any and all current and future use of the Site.

Although sections of the Site may be viewed simply by visiting the Site, in order to access some Content and/or additional features offered at the Site, you may need to sign on as a guest or register as a member. If you create an account on the Site, you may be asked to supply your name, address, a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Site using your account or User ID. We reserve the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site and in the provision of the Service to you. We do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Site.

SECTION 11 - PROHIBITED USES


You are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit worms, viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service the Site, other websites, or the Internet. We reserve the right to terminate your use of the Service or the Site for violating any of the prohibited uses.

You also agree, as a condition of accessing the Service, that you shall not: (i) attempt to circumvent the Site or its communications process by any means; (ii) make any effort to obtain unauthorized access to any portion of the Site that is not intended for users; or (iii) make any communication to other users related to any third-party economic interests, including, but not limited to, promotions of other websites, businesses or interests.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

The Service relies on certain data to operate on a mobile device, including, but not limited to, user location information and user generated Content. By default, data used for running the Service is automatically fetched or pushed via a data connection, without any limitation. The more frequently your mobile device pushes or fetches data, the quicker your device battery may drain. 

You expressly agree that your use of, or inability to use, the Service is at your sole risk and that you are solely responsible for any damages that may result, including loss of data or damage to your computer system. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Strainprint, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Site for the Service, but in no case will the Site’s liability to you exceed $100. You acknowledge that if no fees are paid to Strainprint for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Strainprint, regardless of the cause of action.

If your jurisdiction of residence does not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability to you shall be limited to the maximum extent permitted by law.

SECTION 13 - INDEMNIFICATION


You agree to indemnify, defend and hold harmless Strainprint and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable solicitors’/attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the policies they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 – OWNERSHIP


The Service and Site are owned by Strainprint or its corporate parent. Most aspects of the Service and Site, including, but not limited to, all methods, processes, content, formats, domain names, and extensions are the exclusive property of Strainprint. Other rights, including, but not limited to, all inventions, trade secrets, patents, copyrights, trademarks and other intellectual property rights are the exclusive property of Strainprint. Strainprint does not confer any rights to any user, either expressly or by implication, except as otherwise provided herein.

The Content on the Site may be subject to copyright protection. Applicable copyrights are the proprietary property of Strainprint, its users, its licensors, or other third parties with all rights reserved. Content on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or otherwise used for the creation of derivative works without the express written consent of Strainprint.

You are granted a non-exclusive, non-transferable, limited permission to access and display the Content appearing on the site for purposes of personal, non-commercial use of the Service only, and subject to these Terms of Service. You must retain all copyright, trademarks, and other intellectual property notices contained in Content. The foregoing licence provided to you by Strainprint is subject to revocation at any time without notice and with or without cause. Any use of the Service other than specifically provided in these Terms of Service or as expressly granted by Strainprint is strictly prohibited and shall immediately terminate without notice any licence granted herein.

Some Content appearing on the Site, including, but not limited to, third party content, software and related resources, may be subject to their own terms, conditions, licenses and notices. Such Content shall be governed by their own terms and conditions as may or may not be provided.

SECTION 15 – COPYRIGHT INFRINGEMENT


Strainprint prohibits copyright infringement on its Site. Pursuant to the Digital Millennium Copyright Act (“DMCA”), Strainprint provides the following contact information for receipt of infringement notices: Strainprint Technologies Ltd., 55 Town Centre Court, Suite 506, Scarborough, ON, M1P 4X4.

Any notice of claimed infringement must be a written communication that includes the following under 17 U.S.C. §512(c)(3):

  1. i. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
  3. iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a notice of claimed infringement, Strainprint will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of the claim. Subsequent proceedings after initial notification are governed by the DMCA. Pursuant to the DMCA and other applicable law, Strainprint reserves the right to terminate any infringer, particularly repeat infringers, for any reason in its sole discretion.

SECTION 16 – TRADEMARK INFRINGEMENT


Strainprint prohibits trademark infringement on its Site. Strainprint provides the following contact information for receipt of infringement notices: Strainprint Technologies Ltd., 55 Town Centre Court, Suite 506, Scarborough, ON, M1P 4X4. Any notice of claimed infringement must be a written communication that includes the following:

  1. i. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. ii. Identification of the trademark claimed to have been infringed, complete with registration number and issuing government authority.
  3. iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a notice of claimed infringement, Strainprint will investigate the claim. Strainprint reserves the right to terminate any infringer, particularly repeat infringers, for any reason in its sole discretion.



SECTION 17 - GOVERNING LAW


These Terms of Service, and your use of the Site and the Service, shall be governed by and construed in accordance with the laws of the Province of Ontario. Strainprint does not guarantee that the content of this Site and/or the Service is appropriate for all jurisdictions.



SECTION 18 - GENERAL


These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The headings used herein are included for convenience only and will not limit or otherwise affect these Terms of Service.

A breach or violation of any of these Terms of Service will result in an immediate termination of your use of the Service. Strainprint further reserves the right, in its sole discretion, to suspend or terminate your use of the Service for any reason. The Site may similarly prohibit a User from accessing the Site or any portion of the Service at its sole discretion. Strainprint reserves the right to cancel or disable accounts dormant for a period in excess of 12 months.

SECTION 19 - CONTACT INFORMATION


Questions about the Terms of Service should be sent to us at info@strainprint.ca. Similarly, any notice or other communication regarding these Terms of Service should be in writing and sent to us at info@strainprint.ca.



Last updated: June 19, 2018

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