1.1 "BC Ponds" is the collective name for these pages, and is owned by the makers of these pages. All use of BC Ponds information, services or products implies acceptance of the terms and conditions below.
1.2 BC Ponds reserves the right to modify these Terms and Conditions of Service at any time. The modifications take effect from the moment of posting them on the site, or the moment of notification by e-mail, whichever has happened first.
1.3 You agree to check these Terms and Conditions periodically so you are always aware of any modifications. As long as you continue to use this site, you will be expressing acceptance of the modified Terms and Conditions and also accepting that our notification of changes is also reasonable. You acknowledge and agree that BC Ponds may deny you access to or use of all or part of this website without prior notice if you engage in any conduct or activities that BC Ponds in its sole discretion believes violates any of these Terms and Conditions, or violates the rights of BC Ponds, or is otherwise inappropriate for continued access and use of this website.
2. RESTRICTIONS ON USE
2.1 BC Ponds offers this website and its content and services as is, with no warranties as to performance, results, or operation without interruption. BC Ponds does not accept any responsibility for failure of services from outside being used on this site, nor does it accept responsibility for any downtime of our or any other of our suppliers' servers. BC Ponds reserves the right to alter or delete the products, services and information available from this website at any time.
2.2 Links to third-party sites are provided to you only as a convenience, and do not imply endorsement by BC Ponds or any affiliation with or endorsement by the owner of the linked site. BC Ponds is not responsible for the content of any linked site or any consequences of making the link.
2.3 In exchange for use of this website, you agree that any information you submit to us will be current and complete and will not violate the rights of any third parties, and you agree to defend, indemnify, and hold harmless BC Ponds and content suppliers, and their successors against any claims by third parties alleging facts in breach of these representations.
2.4 All content included on this website, including text, graphics, logos, buttons, icons, and images, is the property of BC Ponds, content suppliers, or other licensors, with ownership as indicated by specific copyright and trademark notices and/or context, and is protected by Canadian and international copyright and trademark laws. You may not view, copy, print, or distribute documents, pages, images, audio, video, content or photos on this website without the express written consent of BC Ponds or the applicable copyright owners.
2.5 Names, logos, and other trademarks of BC Ponds may not be used apart from the documents or pages on which they appear and may not be used in any manner that implies affiliation with or endorsement by or disparages other trademark owners. BC Ponds reserves the right to revoke such authorisation at any time, and any such use shall be discontinued immediately upon written or electronic notice from BC Ponds.
3.1 BC Ponds appreciates hearing from its users and welcomes your comments regarding BC Ponds products and services.
The information, services, products and materials contained in this website are provided on an "as is" basis with no warranty. To the maximum extent permitted by applicable law, BC Ponds disclaims all representations and warranties, express or implied, with respect to such information, services, products and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, freedom from computer virus or other harmful components and implied warranties arising from course of dealing or course of performance. In addition, BC Ponds does not warrant that the information accessible via this website is current, complete uninterrupted or error-free. Some countries do not allow the exclusion or limitation of implied warranties so the above limitation may not apply to you.
6. LIMITATION OF LIABILITY
In no event will BC Ponds be liable for any loss of profit, loss of business, consequential, indirect, incidental, special or punitive damages, or for the cost of procurement of substitute goods and services, arising from your use or inability to use this site, or resulting from any goods or services purchased by you, even if BC Ponds has been advised of the possibility of such damages, whether in an action under contract, negligence or any other theory. Because some countries do not allow the exclusion or limitation of liability for consequential damages, the above limitation may not apply to you.
8.1 You agree to indemnify, defend and hold harmless BC Ponds and its associates, consultants, agents and suppliers from and against any and all claims, liability, damages and/or costs (including but not limited to reasonable legal fees) arising from your use of this website, the violation of these terms and conditions by you, or the infringement by you, or other user of BC Ponds's website through the use of your computer, or your infringement of any intellectual property or other right of any person or entity.
8.2 BC Ponds reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
9. GOVERNING LAW & JURISDICTION
These Terms of Service shall be governed by and construed in accordance with the laws of Canada. You agree that any legal action or proceeding between you and BC Ponds relating to these Terms and Conditions of Service shall be brought exclusively before the Canadian judicial system.
10. COPYRIGHT AND TRADEMARK NOTICES
10.1 The trademarks, logos and copyrights displayed on this website are the property of other third parties.
10.2 You are not permitted to use the trademarks, logos or copyrights without the prior written consent of BC Ponds or such third party that may own it.
10.3 The name "Coastal Pond Solutions" or "BC Ponds" may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits BC Ponds.
11.1 These Terms and Conditions of Service constitute the entire agreement between you and BC Ponds with respect to this website and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding this website.
11.2 BC Ponds's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Service shall not be construed as a waiver of any provision or right of BC Ponds. These Terms and Conditions shall inure to the benefit of BC Ponds's successors and assigns.