/Terms of Use
Terms of Use2018-02-01T12:24:56+00:00

White Willow Design Term Of Use

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Updated: April 08, 2017

This website is operated by White Willow Design. We provide pre-construction home design and planning, architectural drawings, interior design, and building permit services.

This Service and the Website is available only to individuals above 13 years of age or registered companies. By using any of the Services and the Website, you expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and WHITEWILLOWDESIGN.CA in relation to your use of the Website and or the Services and applies to all users of the Services, whether registered or not, on the Website.

As used in this Agreement, “WHITEWILLOWDESIGN.CA” “we,” “us,” and “our” shall mean WHITE WILLOW DESIGN and its subsidiaries and affiliates. By accessing or using the services available through our website (the “Services”), you agree to be bound by these Terms of Service and our Privacy Policy currently found on our website and incorporated herein by reference. These Terms do not alter in any way the terms or conditions of any other agreement you may have with WHITEWILLOWDESIGN.CA for products, services or otherwise. If you are using the Services on behalf of any entity, you represent that you are authorized to do so.

We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Please note that WHITEWILLOWDESIGN.CA may change this agreement without notice. You should periodically click on our Terms of Use to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits hereunder.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

In an effort to provide you with the best products and services, you grant us sole rights and permission to refer you to one of our member contractors, suppliers or partners to provide you with the products or services you require outside of your relationship with us. You understand that in the connection with your referral to one of our member contractors, suppliers or partners, WHITE WILLOW DESIGN may or may not receive a referral fee as agreed with these independent parties. You also understand and agree that we may share your personal information submitted to us in connection with your referral to another provider.

Use Of The Services

Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sub-licensable license to access, and use our website and content solely for personal and non commercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the website and content, except as expressly permitted by WHITEWILLOWDESIGN.CA or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you. WHITEWILLOWDESIGN.CA reserves its right to reject and delete any resume / insertion or information / data fed in by the user without assigning any reason.

WHITEWILLOWDESIGN.CA or any third parties will not be liable on account of any inaccuracy of information on this web Website. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download, publish, modify and distribute material on WHITEWILLOWDESIGN.CA unless specifically authorized by WHITEWILLOWDESIGN.CA in this regard. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Third Party Links, Content And Services
Any and all contents and services (including advertising) within WHITEWILLOWDESIGN.CA that are not owned by WHITEWILLOWDESIGN.CA are “third party content and services.” WHITEWILLOWDESIGN.CA acts merely as an intermediary service provider of, and accepts no responsibility or liability for third party content and services. In addition and without limiting the generality of the foregoing, WHITEWILLOWDESIGN.CA may include links to Websites operated by third parties, including advertisers and other content providers. Those Websites may collect data or solicit personal information from you. WHITEWILLOWDESIGN.CA does not control such Websites, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Websites may collect.
Copyright And Trademark Notices

This website contains material which is owned by or licensed to WHITE WILLOW DESIGN, WHITEWILLOWDESIGN.CA, its affiliates, or other third party licensors, and is protected by international copyright and trademark laws of Canada. The material includes, but is not limited to text, graphics, videos, code, and software. You may not modify, copy, reproduce, republish, transmit, or edit the material in any manner. Portions of material from the different areas in the Site may be printed and downloaded provided that these be used for personal and non-commercial purposes and that you agree not to alter any copyright or proprietary information from the materials. You agree to grant

WHITEWILLOWDESIGN.CA a worldwide non-exclusive, royalty-free, perpetual license to exercise the rights in the material as stated below:

To sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any material and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums, and newsgroups) or by e-mail to WHITEWILLOWDESIGN.CA by all means and in any media now known or hereafter developed.

Use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, and promotional material related thereto.

To have no recourse against WHITEWILLOWDESIGN.CA for any alleged or actual infringement or misappropriation of any proprietary right in your communications to WHITEWILLOWDESIGN.CA.

All publications, products, content, or services referenced in the Site are the exclusive trademarks or service marks of WHITEWILLOWDESIGN.CA and are protected by international copyright and trademark laws. Other product and company names mentioned in the Site which are not the property of or licensed to WHITEWILLOWDESIGN.CA are acknowledged on the website.

Your Right To Use The Site And Its Content

With the exception of information, products, or services clearly identified as being supplied by WHITEWILLOWDESIGN.CA, the Site does not operate, control, or endorse any information, products, or services on the Internet in any way. All information, products, or services that are not identified to WHITEWILLOWDESIGN.CA but are offered through the Site or on the Internet generally are by and from third parties that are not affiliated with WHITEWILLOWDESIGN.CA.

Files available for downloading through the Site are not guaranteed by WHITEWILLOWDESIGN.CA to be free from infection or viruses, worms, Trojan horses, or other codes that may contaminate or destroy properties. You shall take the responsibility of implementing adequate procedures to meet your particular requirements for data input and output accuracy, and for upholding your own means for the retrieval of any lost data.

You agree to assume all risk and responsibility for your use of the Site and the Internet. The Site provides “as is” information and does not express or imply representations, endorsements, or warranties with regard to the Site or any merchandise information provided generally on the Internet. The Site does not make implied warranties of title or non-infringement or of merchantability or fitness for certain purposes. As such, WHITEWILLOWDESIGN.CA shall not be deemed accountable for cost or damages resulting from the aforementioned transactions. It does not guarantee that the Site will be free of error nor the correction of any defect in service. You agree that the Internet in general contains unfiltered materials of which some may be offensive to you. Access such materials at your own risk. WHITEWILLOWDESIGN.CA has no control for or responsibility over such materials.

Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

 

Disclaimer

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE PUBLIC AND OUR MEMBERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF WHITEWILLOWDESIGN.CA, AND WHITEWILLOWDESIGN.CA CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE COMPANY HAS NO CONTROL AND DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE CONTENT OR USE OF WEBSITES THAT MAY BE LINKED TO WHITEWILLOWDESIGN.CA. THE COMPANY DOES NOT NECESSARILY ENDORSE SUCH INDEPENDENT WEBSITES EVEN IF LINKS TO THEM CAN BE FOUND ON WHITEWILLOWDESIGN.CA.

Limitation of Liability
IN NO EVENT SHALL WHITEWILLOWDESIGN.CA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WHITEWILLOWDESIGN.CA. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WHITEWILLOWDESIGN.CA. SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY WHITEWILLOWDESIGN.CA. FROM ITS FACILITIES IN CANADA. WHITEWILLOWDESIGN.CA. MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

 

Termination
We may terminate this agreement without notice at any time for any reason. The provisions under pertinent paragraphs including “Copyright and Trademark Notices”, “Your Right to Use the Site and Its Content”, “Indemnification”, “Third Party”, and “General” shall survive any termination of this agreement.
Entire Agreement/ Severability
These Terms and Conditions incorporate our Privacy Policy which together constitutes the entire agreement between You and WHITEWILLOWDESIGN.CA, in relation to Your use of the Website and / or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and WHITEWILLOWDESIGN.CA relating to this subject matter, and cannot be changed or terminated orally.
Non-waiver
Failure by either WHITEWILLOWDESIGN.CA, or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Indemnification
You agree to indemnify, defend, and hold harmless WHITE WILLOW DESIGN, WHITEWILLOWDESIGN.CA, its agents, officers, employees, suppliers, and third party information providers against any and all liabilities, losses, expenses, damages, and costs, including reasonable legal fees, arising from any violation of this agreement including negligent or wrongful conduct by you or any other person accessing the Site and its products, services, and information.
Force Majeure
WHITEWILLOWDESIGN.CA shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law

The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Canada, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Ontario. Therefore, you agree that: (i) the Service shall be deemed solely based in Ontario; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Ontario. This Agreement shall be governed by the internal substantive laws of the province of Ontario, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Ontario or the Canada District Court, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.

Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights.