TERMS OF USE

Section 1: Overview

1.1 This website at http://www.wheelhousemarketing.ca/ or such other location as made available from time to time, is operated by Wheelhouse Strategic Marketing. Throughout the website, the terms “we”, “us” and “our” refer to Wheelhouse Strategic Marketing. Wheelhouse Strategic Marketing offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

1.2 By visiting our website, downloading or purchasing any product, or engaging any service offered through this website (collectively, “Services”), you agree to be bound by the following terms and conditions (“Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

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

1.4 Any new features or tools which are added to the current website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website without notice to you. 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 such amended Terms of Use.

Section 2: Use of Services and Content

2.1 By agreeing to these Terms of Use, and if you are an individual, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.  If you are using the website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms of Use on behalf of such organization and all references to “you” throughout these Terms of Use will include such organization, jointly and severally with you personally.

2.2 You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

2.3 You must not transmit any worms or viruses or any code of a destructive nature.

2.4 If in our sole discretion, we determine or believe that you have breached or violated of any of the Terms of Use, we may, without limiting any of our rights, suspend, restrict, terminate your use of the website without notice to you.

Section 3: Content

3.1 “Content” means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.

3.2 Except where expressly stated otherwise, all right, title and interest in and to the website and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the website (collectively, “Our Content“) is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to the terms of these Terms of Use, including the disclaimers and limitations of liability herein. Nothing in your use of the website or these Terms of Use grants you any right, title or interest in or to Our Content except the limited right to use the website as set out in these Terms of Use. Unless otherwise expressly authorized by us in writing, you agree not to:

1. copy, modify, deep link, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Our Content;
2. distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of Our Content, to the maximum extent that such prohibition is permitted by applicable law;
3. remove any proprietary notices or labels on or in Our Content, or
4. allow any other person or entity to engage in any of the foregoing.

Section 4: General Conditions

4.1 We reserve the right to refuse service to anyone for any reason at any time.

4.2 You understand that your Content 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.

4.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website or the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us.

Section 5: Accuracy, Completeness and Timeliness of Information

5.1 We are not responsible if information made available on this website is not accurate, complete or current. The material on this website 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 website is at your own risk.

5.2 This website 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 this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

Section 6: Modifications to the Service

6.1 We reserve the right at any time to modify or discontinue any of the Services, or any part or content thereof, without notice at any time.

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

6.3 Any prices listed on the website for any of our products or any of the Services are subject to change without notice.

Section 7: Products or Services

7.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are final sale. We do not accept returns or exchanges.

7.2 We reserve the right, but are not obligated, to limit the sales of our products or offer any of the Services 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 or Services 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 this website is void where prohibited.

7.3 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 Services will be corrected.

Section 8: Optional Tools

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

8.2 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.

8.3 Any use by you of optional tools offered through the website 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).

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

Section 9: Third-Party Links

9.1 Certain content, products and services available through our website or the Services may include materials from third-parties.

9.2 Third-party links on this website 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.

9.3 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 10: User Comments, Feedback and Other Submissions 

10.1 If, at our request, you send certain specific submissions (for example form fields or request for quote) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. 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.

10.2 We may, but have no obligation to, monitor, edit or remove content that we determine or believe, 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 Use.

10.3 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 11: Privacy Policy and Personal Information 

11.1 You acknowledge that you have read the Personal Information Protection Policy located on this website’s Privacy Policy page, as it may be updated from time to time (the “Privacy Policy“), and hereby consent to the collection, use and disclosure by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable terms and conditions contained in such Privacy Policy, which is incorporated herein by reference and forms an integral part of these Terms of Use.

Section 12: Errors, Inaccuracies and Omissions

12.1 Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, 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 Services or on any related website is inaccurate at any time without prior notice.

12.2 We undertake no obligation to update, amend or clarify information relating to the Services, the website or on any related website, including without limitation, pricing information, except as required by law.

Section 13: Prohibited Uses

13.1 In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the website 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, disability or any other reason; (f) to submit false or misleading information; (g) to upload or transmit 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 Services or of any related website, 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 Services, the website or any related website, other websites, or the internet. We reserve the right to terminate your use of the Services, the website or any related website for violating any of the prohibited uses, in our sole discretion.

Section 14: Disclaimer of Warranties; Limitation of Liability 

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

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

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

14.4 You expressly agree that your use of, or inability to use, the Services is at your sole risk. The website, and all products and the Services are delivered to you through the website 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.

14.5 In no case shall Wheelhouse Strategic Marketing, 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 Services, the website or any products procured using the Services, or for any other claim related in any way to your use of the website, the Services 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 (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 15: Indemnification

15.1 You agree to indemnify, defend and hold harmless Wheelhouse Strategic Marketing 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 legal fees on a solicitor and own client basis, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 16: Termination

16.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Use for all purposes.

16.2 These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

16.3 We may, in our sole discretion, suspend, restrict or terminate your use of the website and the Services, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the website or our or any third party’s equipment or network is impaired by your use of the website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the website, or you have been or are in breach of any term or condition of these Terms of Use. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the website.

Section 17: Entire Agreement

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

17.2 These Terms of Use and any policies or operating rules posted by us on this website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the website and the Services, 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 Use).

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

Section 18: Severability 

18.1 If any provision of these Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

Section 19: Governing Law

19.1 These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Province of Alberta and the Country of Canada, as applicable.

Section 20: Limitation of Period

20.1 Any cause of action you may have with respect to these Terms of Use or the website must be commenced within one year after the claim or cause of action arose, or it will be barred.

Section 21: Changes to Terms of Use 

21.1 You can review the most current version of the Terms of Use at any time at this page.

21.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Section 22: Headings

22.1 The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

Section 23: Assignment and Inurement

23.1 We may at any time assign our rights and obligations under these Terms of Use, in whole or in part, without notice to you. You may not assign these Terms of Use without our prior, written consent. These Terms of Use will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.

Section 24: Relationship

24.1 You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms of Use or use of the website or provision of the Services.

Section 25: Force Majeure 

25.1 Neither party will be responsible for a failure to fulfil its obligations under these Terms of Use or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.

Section 26: Contact Information 

26.1 Questions about the Terms of Use should be sent to us at hello[at]wheelhousemarketing.ca.