Terms and Conditions

Moss Sund Inc. Website Terms and Conditions

Date: September 1, 2022

This document explains how you may access, browse and use Moss Sund Inc’s website, website (the “Website”). You should review these terms and conditions (the “Website Terms”) before using the Website. By accessing, using or browsing this Website, or otherwise indicating your consent, you agree to be bound by these Website Terms. If you do not agree with or accept any of these terms, you should cease using the Website immediately. If you have any questions about this website, please contact [email protected].

Updates

Moss Sund may update or change these Website Terms from time to time. Moss Sund will post updated terms on the Website. By continuing to access or use the Website, you agree to be bound by the revised Website Terms. If you do not agree to the revised Website Terms, please stop using the Website.

Age Restrictions

This Website is intended for and directed to individuals over the age of 13 years. If you are not 13 years of age or older, please do not use the Website without the permission and supervision of your parent or legal guardian. If you are a parent or legal guardian and have authorised a minor to use the Website, you agree that you are responsible for the online conduct of the minor, and for the consequences of any misuse of the Website by the minor.

Ownership and Copyright

You acknowledge that any and all information, content, data, graphics, interfaces, web pages, text, files, software, trademarks, logos, graphics, functionality and displays contained on the Website (“Our Content”), including the manner in which Our Content is presented or appears, is the property of Moss Sund or its licensors, as the case may be.

Permitted Use

Moss Sund hereby grants you a personal, limited, revocable, non-transferable and no-exclusive license to access, read and download one copy of Our Content. Except for this licence granted to you, Moss Sund and its licensors retains and reserves all right, title and interest in and to the Website and Our Content, including all related intellectual property rights. The Website is protected by applicable intellectual property laws, including Canadian copyright law and international treaties.

You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Website and in particular in any digital rights or other security technology embedded or contained within any Our Content.

Trade-marks and third party marks used on the Website (if any) are trade-marks of the third party owner. Other trademarks and trade names may also be used on this Website. The use or misuse of any trademarks or any other Content on the Website except as provided in these Website Terms is strictly prohibited. Nothing contained on the Website be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.

Restrictions on Use

This Website is for your personal use only. As a condition to using the Website, you promise not to use the Website for any purpose that is unlawful or prohibited by these Website Terms, or any other purpose not reasonably foreseen to have been intended by Moss Sund. As a condition of your use of the Website, you agree not to use the Website:

in any way that is false, inaccurate or misleading;
in any way that is fraudulent or otherwise involves the sale of illegal or stolen goods;
to collect and use product listings, descriptions or images;
to abuse, harass, threaten, impersonate or intimidate any person;
to post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person;
for any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction in which you access the Website;
to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user;
to reverse engineer, decompile or disassemble the site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser;
to create or transmit unwanted ‘spam’ to any person or any URL;
to violate or attempt to violate the security of the Website;
to post copyrighted Content which doesn’t belong to you, with the exception of blog content, in which case you may post such Website with explicit mention of the author’s name and a link to the source of the Website;
with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or might impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website;
to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Moss Sund;
to interfere with or attempt to interfere with the proper working of the Website;
use the Website to distribute viruses or malware or other similar harmful software code;
represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing
to sell or otherwise transfer your profile;
to attempt to restrict another user from using or enjoying the Website or to encourage or facilitate violations of these Website Terms or the Privacy Policy;
to interfere in any way with the business of any other user of the Website; or
in any other way that violates these Website Terms.

For the purposes of these Website Terms, “Content” means any text, images, video, audio or other multimedia content, software or other information or material.

Website Registration

To access certain parts of the Website, you may be required to open an online account with Moss Sund, in which case you will have to create a username and password and to provide registration information, including a valid e-mail address, username and password. Alternatively, you may create an account through your account with certain third-party social networking services, such as Facebook or Google.

You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Moss Sund account.

If you are a business, government, or non-profit entity, the person whose e-mail address is associated with the account at the time of registration must have the authority to bind you to these Website Terms.

If you are under 18 years old then you must obtain the permission of your parent or legal guardian prior to registering an account. Your parent or legal guardian will then be responsible for your online conduct, and the consequences of any misuse of the Website.

Accuracy of Information and Availability of the Website

While Moss Sund uses reasonable efforts to include accurate and up-to-date information on the Website, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Website is at your own risk and we may suspend or terminate operation of the Webiste at any time at our sole discretion. Nothing in these terms and conditions will operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Website is provided for your general information purposes only and to inform you about us and our products and news, features, services, and other websites, which may be of interest. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purpose.

While we make commercially reasonable efforts to ensure that the Website is available, we do not represent, warrant or guarantee in any way the Website’s continued availability at all times or uninterrupted use by you of the Website.

Under no circumstances will Moss Sund be liable for any loss or damage of any kind caused by reliance on information obtained through the Webiste. Moss Sund is not responsible for any offensive, defamatory, obscene or other posting made through the Website. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Moss Sund’s sole discretion is inappropriate, objectionable or in violation of these Website Terms.

Neither Moss Sund nor any third party content provider shall assume or have any liability for any action or inaction by Moss Sund or any third party content provider with respect to any conduct, communication or posting on the Website

Links

The Website may provide, or third parties may provide, links to other World Wide Websites or resources. Because Moss Sund has no control over such sites and resources, you acknowledge and agree that Moss Sund is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Moss Sund shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such site or resource.

Privacy Policy

Moss Sund’s Privacy Policy, is incorporated herein by reference and forms an integral part of these Website Terms. Any personal information you submit to Moss Sund will be subject to our Privacy Policy.

Copyright Complaints

Moss Sund will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating user accounts and access to the Website.

Please note that you may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright.

Indemnity and Limitation of Liability

You hereby expressly and irrevocably release and forever discharge Moss Sund, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Website.

To the maximum extent permitted by applicable law, Moss Sund excludes all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Website for any reason, and any representation or statement made on the Website.

Moss Sund will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Website, for example if you lose revenue, salary, profits or reputation as a result of your use of the Webiste and/or the acts or omissions of any third party such as other users of the Website or any other indirect or consequential loss or damage you may incur in relation to the Website and its Content.

Under no circumstances will our aggregate liability to you for any and all claims arising from your use of the Website (including the downloading or use of any Content) exceed one hundred Canadian dollars (CDN$100).

Notwithstanding any other provision of these Website Terms, Moss Sund does not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Website or for any other statutory rights which are not capable of being excluded.

Disclaimer of Warranties

THIS WEBSITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY MOSS SUND ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOSS SUND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MOSS SUND DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, MOSS SUND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MOSS SUND IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.

BY USING WEBSITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. MOSS SUND DOES NOT WARRANT OR GUARANTEE THAT ITS SITE OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF MOSS SUND ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, THE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND MOSS SUND, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.

The Security of the Website

Moss Sund maintains reasonable safeguards and personnel policies that are designed to guard the Website, our systems and our sellers’, customers’, business partners’ and others’ information. For example, for the security of your online visit to the Website, Moss Sund may make use of firewall barriers, encryption techniques and/or authentication procedures.

Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Moss Sund strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Moss Sund will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Website.

Website is for Use in Canada

The Website is hosted in Canada. If you are a non-Canadian user of Website, by visiting the Website you agree to comply with all federal and provincial Canadian laws governing the Website, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from Canada or the country in which you reside.

General

Unless otherwise expressly stated in these terms and conditions, all notices from you to Moss Sund must be in writing and sent to our contact address at [email protected] and all notices from Moss Sund to you will be displayed on our website from to time.

Moss Sund will have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

If any part of these Website Terms is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Website Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

These Website Terms (together with our Privacy Policy) contains the entire understanding and agreement between Moss Sund and you in relation to your use of the Website and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, Moss Sund will have no liability for any such representation being untrue or misleading.

You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Website Terms to any other person.

These Website Terms are made under and governed by and are to be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario.

The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigÈ que la prÈsente convention et tous les documents connexes soient rÈdigÈs en anglais.