TERMS OF SERVICE

Last Modified: May 4, 2024.

PLEASE READ THIS TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PORTION OF THE WEBSITE THE INDIVIDUAL ACCESSING OR USING THE WEBSITE ACKNOWLEDGES THAT THEY HAVE READ THIS TERMS OF SERVICE, UNDERSTAND IT, AND AGREE TO THE TERMS AND CONDITIONS FOUND HEREIN. IF YOU DO NOT AGREE, YOUR ONLY CHOICE IS TO NOT USE THE WEBSITE, LEAVE IMMEDIATELY, AND STOP INTERACTING WITH US. PLEASE KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

INTRODUCTION

Thank you (“you”, “your”, “User”) for viewing this Terms of Service (“Agreement”).

WEBSITES MADE WITH LOVE INC. (“Company”, “we”, “us”, “our”, “WMWL”) is a web design and online marketing company based in Parksville, British Columbia that provides services including website design, digital marketing, Google ads, Facebook ads, search engine optimization, and website maintenance, including by providing the Intellectual Property (as defined below), the Website (as defined below), together, the “Services”.

We operate and provide the products, services, information, content, data, and Intellectual Property at our website at www.websitesmadewithlove.com (the “Website”).

This Privacy Policy interacts with, and is subject to, and, where reasonably applicable, User is subject to and provides express agreement and consent to our Privacy Policy and our Master Services Agreement.

ACCEPTANCE OF THE WEBSITE TERMS OF SERVICE

Through continued use or viewership of the Website and the use or consumption of our Services you agree to be bound by this Agreement, which constitutes a legal contract entered between WMWL and User.

If you are using the Website on behalf of a company or organization, you represent that you have authority to act on behalf of that entity and provide consent and acceptance for that entity, and that such entity accepts this Agreement.

The following terms and conditions, together with any documents and/or additional terms that are expressly incorporated by reference, govern your right to use the Website and the conditions that may apply to your use of the Website.

If this Agreement or any terms of this Agreement are unacceptable to you, you must cease using the Website immediately.

MODIFICATIONS TO THE AGREEMENT AND WEBSITE

WMWL reserves the right, in our sole discretion, to revise and update this Agreement and any aspect of the Website from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review this Agreement to be aware of any such modifications and your continued use shall be your acceptance of these.

The Website, assets, copy, information, material, and other Intellectual Property (as defined herein) on the Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to User or unavailable at any time or for any period.

AGE RESTRICTIONS

By using the Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with WMWL and meet all the eligibility requirements. Anyone under the age of 18 is prohibited from using the Website without being accompanied and monitored by an adult who has full responsibility for ensuring compliance with this Agreement. If you do not meet all these requirements, you must not access or use the Website.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in British Columbia, Canada. We provide the Website and Services for use only by persons located in British Columbia, Canada. The Website and Services are not intended for use in any jurisdiction where its use is not permitted. If you access the Website or Services from outside British Columbia, Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

SAFE USE OF THE WEBSITE

The security of your personal information is important to us and we use various measures to secure your personal information from accidental loss and unauthorized use. However, the safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through User’s internet connection, hardware, or software, are aware of and comply with this Agreement.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to WMWL. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy, security, or technology protection measure contained on the Website.

The Website may from time to time contain links to third-party websites or resources. We do not endorse and are not responsible or liable for the availability or accuracy of such third-party services, or the content, products, or services available from such third-party services.

Your provision of registration information and any submissions you make to the Website through any functionality you share information including through a form, drop box, upload field, publication, post, application, comment, review, chat room, e-mail, message board, direct message, forum, registration, profile, review, or other similar functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with this Agreement and our Privacy Policy, linked above in the Introduction.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of this Agreement.

You are prohibited from attempting to circumvent and from violating the security of the Website, including, without limitation: (a) accessing content, data, functionality, or intellectual property that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting WMWL’s ability to monitor the Website; (f) using any robot, spider, crawler, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service (DOS) attack, distributed denial-of-service (DDOS) attack, flooding, mailbombing, or crashing; (i) attempting to lure other Users off the Website or using the Website in connection with the distribution of unsolicited commercial messages; (j) copy, store or otherwise access or use any information, including personally identifiable information about any other user, contained on the Website in any way that is inconsistent with our Privacy Policy or this Agreement, or that otherwise violates the privacy rights of users or third parties, and (k) otherwise attempting to interfere with the proper working of the Website.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

You understand and agree that all intellectual property belonging to WMWL, including all copyrights, trademarks, patents, industrial designs, trade secrets, and moral rights, including the Website and its entire contents, features, and functionality, including, all information, files, content, materials, software, code, metadata, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, design elements, presentation, website or platform layout, selection, and arrangement, or any related derivatives or spinoffs (“Intellectual Property”), are the sole property of WMWL, its licensors, or other providers of such material, and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, or any other proprietary rights; and all rights not expressly granted are reserved by WMWL.

WMWL, and all related names, logos, product and service names, designs, images, and slogans are trademarks of WMWL or its affiliates or licensors. You must not use such marks without the prior written permission of WMWL. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Website are the trademarks of their respective owners. Use of any such intellectual property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Website for your personal and non-commercial use unless you have received express consent from WMWL or as otherwise specified in an agreement formally executed in writing with WMWL. You shall not, directly or indirectly, reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, in any form or medium whatsoever; except your computer or browser may temporarily store or cache copies of materials being accessed and viewed and you may make temporary copies of information for your personal use.

You have no right, title, or interest in or to the Website or to any materials or content on the Website or any Intellectual Property.

Any use of the Website or Intellectual Property not expressly permitted by this Agreement is a breach of this Agreement and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws, or the rights of WMWL or a third party.

Users are not permitted to modify copies of any materials, content, data, or Intellectual Property on the Website nor delete or alter any copyright, trademark, or other proprietary rights notices, including watermarks and author credits. You must not access or use for any commercial purposes any part of the Website, Intellectual Property, or materials of any third parties.

If you print, copy, download, transmit or distribute any part of our Website or WMWL’s Intellectual Property or the intellectual property of a third party in breach of this Agreement or a third party agreement, your right to use and access the Website, Intellectual Property, and Services will cease immediately and you must, at our option, return or destroy any copies of the material, content, data, or intellectual property that you printed, copied, downloaded, transmitted, or distributed.

USER SUBMISSIONS

You warrant and swear that you have all required rights, consents, and authorizations to use, upload, publish, and make available all content, data, text, images, materials, files, copy, images, audio, audiovisual materials, and/or other information or data that User uses, uploads, publishes, or makes available on the Website, including all instructions, documents, information, files, designs, specifications, graphics, images, audiovisual materials, logos, trademarks, written content, form submissions, profile details, posts, publications, registration details, comments, direct messages, reviews, product or service details, or transaction details (each a “User Submission”).

As a condition of your access to and use of the Website, Intellectual Property, and Services, you agree that you may use the Website, Intellectual Property, and Services limited only to lawful purposes and in strict compliance with this Agreement, and in strict compliance with any agreement listed above in the introduction.

Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and relevant third-party terms of service and use.

If User is registering for the Website, User must register and operate on the Website using their legal names and information. By registering for the Website, you hereby warrant and represent that the information you provide WMWL during the registration process or update after registration is accurate, complete, and up-to-date. If any User Submission becomes inaccurate or incomplete after submission, the User hereby agrees to update the User Submission as soon as reasonably practical.

Without limiting the foregoing, you represent and warrant and agree that your use of the Website and Intellectual property and any User Submission shall not involve, provide, or contribute any false, inaccurate, or misleading information. User Submission shall not impersonate or attempt to impersonate any other person or entity, nor shall it in any manner violate the terms of use of any third-party website linked to the Website.

NO RELIANCE

The content on the Website is provided for general information purposes only. It is not intended to amount to professional or other advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Website.

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties, or guarantees, whether express or implied, that the information on the Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither WMWL nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the Website.

WMWL or its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors shall not have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

PRIVACY POLICY CONSENT

Without limiting our Privacy Policy, by using the Website, you provide WMWL express consent and acceptance to our privacy policies and practices, including our use of cookies, data collection, data retention, data usage, data disclosure, marketing, anti-spam and advertising, and all our policies and practices otherwise listed in our Privacy Policy, listed in the introduction section of this Agreement.

HYPERLINKS

For your convenience, WMWL may provide links, connections, or pointers to third-party sites. We make no representations about any other websites that may be accessed from WMWL. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Any hyperlink in this Agreement is provided for convenience only and is subject to change from time to time as the server, data, or destination changes, or as posts or pages are taken down or moved, and the parties agree that a wrong or missing hyperlink shall not affect the interpretation or enforcement of this Agreement.

MAILING LIST ACCEPTANCE & CASL COMPLIANCE

By entering into this Agreement, and/or making any positive action to denote your consent to or acceptance of this Agreement, including by checking any checkbox next to a form or interactive function on this website, or entering, submitting, or executing any form or interactive function on this website, you acknowledge and agree that you provide us express consent to send you any Commercial Electronic Message (“CEM”) or other communication, for commercial and other promotional purposes; and you agree to be added to our mail list until and when you provide us written notice that you wish to unsubscribe; and you agree that you otherwise provide us implied consent by virtue of the relationship between you and us and/or your posting or making available your information online unaccompanied by a statement that you do not wish to receive CEMs.

NON-DISPARAGEMENT

During your use of the Website and/or Services and for a period of two (2) years thereafter, User shall not make or publish any public statements, distributions, transmissions, posts or pages that WMWL, in its sole discretion, would find offensive, lewd, inflammatory, disparaging, or hateful, either to WMWL, other users of the Website, or any of WMWL’s clients or network, or that would reasonably tend to bring WMWL, its products, brands, or services into disrepute.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.

THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER WMWL NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER WMWL NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOAD FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCE WILL WMWL NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE OR SERVICES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless WMWL, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of this Agreement and/or your use, access to, or consumption of the Website, Intellectual property, or Services, including, but not limited to, any User Submission, third-party sites, your unauthorized use, download, sale, or transmission of a third party’s property, or your infringement or breach of a third party’s rights or a third party agreement or this Agreement.

GOVERNING LAW AND CHOICE OF FORUM

The Website and this Agreement will be governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule. Any action or proceeding arising out of or relating to the Website and under this Agreement will be instituted in the courts of British Columbia and/or the Federal Court of Canada, as applicable, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

WAIVER

Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

SEVERABILITY

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

ENTIRE AGREEMENT

This Agreement, and any applicable license agreements listed above in the introduction constitute the sole and entire Agreement between you and WMWL regarding the use of and access to the Website and Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written, oral, or inferred from conduct, regarding such subject matter.

CONTACT & NOTICES

WEBSITES MADE WITH LOVE INC. is a corporation duly incorporated in British Columbia, Canada with a business address of 383 Hirst Ave W, Parksville, BC V9P 1K4.

All notices and communications to WMWL shall be delivered in writing via email to:

Websites Made With Love
Attention: Privacy Officer
info@websitesmadewithlove.com

All notices and communications to User shall be delivered to User in writing via email to the email address they used to contact WMWL and/or the email address we have on file for User.

If submitting a notice, complaint or request to withdraw consent or remove your account, content, data, or information from the Website, please particularize and substantiate all information and evidence WMWL needs to comply with such notice, complaint or request, including to comply with all relevant rules, regulations, and our Privacy Policy, within TEN (10) days of the circumstances of such notice, complaint, or request being made known to User.

If you believe that someone is, through the use of our Website, unlawfully infringing the copyrights or trademarks in a work belonging to you or someone else, and you wish to have the allegedly infringing material removed, send the following information to us at the email above: identification of the copyrighted work(s) that you claim to have been infringed, including hyperlinks and screenshots; identification of the material on our services that you claim is infringing and that you request us to remove, including hyperlinks and screenshots; sufficient information to permit us to locate such material; a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner; your address, telephone number, and e-mail address; and your physical or electronic signature.