The material that appears on the Website is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing or subscribing to any goods or services you have read about on the Website, you should confirm with the vendor any information (including the price) that is important to your purchasing decision. Info-Texture is not responsible nor makes any warranty or endorsement regarding any goods or services purchased from third parties (“Third Party Service Providers”) through the Website. We are also not responsible for controlling the goods or services provided by Third Party Service Providers, or losses that you may incur while dealing with Third Party Service Providers. If a situation arises from a disputed transaction between you and the Third Party Service Providers, Info-Texture cannot and will not become involved due to the fact that we are neutral facilitators and have no control of the transaction between you and the Third Party Service Providers.
2. DESCRIPTION OF SERVICE
Info-Texture provides various services including web design, search engine optimization, and web lead generation services (the “Services”). With respect to transactions between users and Third Party Service Providers, while Info-Texture may recommend certain Third Party Service Providers to users, Info-Texture is not directly involved in the actual transactions between users and Third Party Service Providers and you understand that the price and any other terms of any sale remain subject to direct negotiation between the user and the Third Party Service Provider. You further understand and agree that Info-Texture has no control over the truth, accuracy, quality, legality, or safety of goods or services provided by Third Party Service Providers. You understand and agree that Info-Texture cannot and does not confirm or verify the identity, background, qualifications, or abilities of users, Third Party Service Providers, and the like. Therefore, we recommend that you be careful and exercise common sense and good judgment when dealing with any Third Party Service Provider.
By creating a user account or by providing personal information about yourself to Info-Texture, you are designating yourself as a “Customer”. “Customers” are entities that are potentially interested in obtaining services provided by or through the Website.
The Website provides a venue whereby Customers can view information and/or services that may be of interest to them, and the information that is available to contact the service provider. We do not control the actual transactions between Customers and Third Party Service Providers.
4. USER REGISTRATION OBLIGATIONS
In consideration of your use of the Website, where applicable, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the registration form provided on the Website (such information being the “Registration Data” or “Profile Data”); and
(b) maintain and promptly update the Registration Data or Profile Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Info-Texture has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Info-Texture has the right to suspend or terminate your user account and refuse any and all current or future use of the services (or any portion thereof) provided by the Website.
5. USER ACCOUNT
If applicable, you will receive an account designation, along with its associated User ID and Password, upon completing the registration process. You are responsible for maintaining the confidentiality of your User ID and Password, and you are fully responsible for all activities that occur under your account. You agree to immediately notify Info-Texture of any unauthorized use of your account or any other breach of security and to ensure that you exit from your account at the end of each session. Info-Texture cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. USER CONDUCT
You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Info Texture’s express prior approval, contains advertising or any solicitation with respect to goods or services.
Although Info-Texture cannot monitor every comment posted on the Website, it reserves the right, but assumes no obligation, to delete, move, or edit any postings that it deems are either unacceptable or inappropriate, whether for legal or other reasons. In addition, if we feel that a user abuses the Website in any way, we reserve the right to share certain information with third parties. Abuses include (but are not limited to) possible copyright infringement, possible libel and slander, and possible credit card fraud.
If you believe that your intellectual property right has been infringed, or you have been defamed, please provide Info Texture with the following information in writing:
(a) a description of the intellectual property that you claim to be infringed, or a description of the defamatory statements made against you;
(b) a description of the location of the material that you claim is infringing or defamatory;
(c) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the intellectual property or its agent and is not otherwise authorized by law, or that the defamatory statements are false and has harmed your reputation;
(d) your address, telephone number and email address;
(e) a statement by you that the abovementioned information is accurate; and
(f) your signature.
Such claims can be sent to:
6. WEBSITE CONTENT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You understand that by using the Services provided by or through the Website, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Info-Texture be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available through the Website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Third Party Service Providers, and/or users are those of the respective author(s) or distributor(s) and not of Info-Texture.
Info-Texture does not confirm or verify if a professional claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the services or advice being requested. You are solely responsible for the retrieval and use of the Content, transactions, products or services available on or through the Website. You should apply your own judgment in making use of the Content, including, without limitation, the use of the Content as the basis for any conclusions or for the sale or purchase of any products or services or other transactions.
7. THIRD PARTY CONTENT
Info-Texture may provide links to other websites or resources. Because Info-Texture has no control over such websites and resources, you acknowledge and agree that Info-Texture is not responsible for the availability of such external websites 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 websites or resources. You further acknowledge and agree that Info-Texture shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by, or in connection with, the use of or reliance on any such content, goods or services available on or through any such website or resource.
8. DEALINGS WITH THIRD PARTY SERVICE PROVIDERS
Your correspondence or business dealings with, or participation in the promotions of, Third Party Service Providers found on the Website or through Info-Texture, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party Service Provider. You agree that Info-Texture shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Third Party Service Providers on the Website.
Minors under the age of eighteen are not eligible to use the services provided by Info-Texture or to register for any accounts.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Info-Texture may establish general practices and limits concerning use of the Website and related services, including, without limitation, the maximum number of days that messages will be retained by the Info-Texture, the maximum number of messages that may be sent from or received by a user account, the maximum size of any message that may be sent from or received by a user account, and the maximum disk space that will be allotted on Info-Texture servers on your behalf. You agree that Info-Texture has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Website. You acknowledge that Info-Texture reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Info-Texture reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATION OF TERMS AND CONDITIONS
13. MODIFICATIONS TO SERVICE
Info-Texture reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of its services with or without notice. You agree that Info-Texture shall not be liable to you or to any third party for any modification, suspension or discontinuance of such services.
14. TERMINATION OF ACCESS
15. INFO-TEXTURE PROPRIETARY RIGHTS
You acknowledge and agree that the Website and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trade-marks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Info-Texture or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Info-Texture grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software, provided that you do not (and do not allow any third party to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Info-Texture for use in accessing the Service.
16. TRADE-MARK INFORMATION
Info-Texture.coM, the Info-Texture logo, and other brand names and logos associated with Info-Texture are trade-marks of Info-Texture. All other company names, brand names and logos used on the Website are the trade-marks of their respective owners. You agree not to display or use in any manner any of the trade-marks without express written permission from Info-Texture or the trade-mark owner.
17. COPYRIGHT INFORMATION
All Content contained on the Website is protected by various copyright laws. You agree not to reproduce, republish or redistribute any Content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us immediately.
18. WARRANTY DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND ITS SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Info-Texture MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OR PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, Info-Texture MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. Info-Texture WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. UNDER NO CIRCUMSTANCE WILL Info-Texture BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
19. LIMITATION OF LIABILITY
20. GENERAL PROVISIONS
You agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
Any dispute between Info-Texture and a user or visitor of the Website shall be settled by arbitration and shall be final and binding arbitration pursuant to the Arbitration Act, 1991, S.O. 1991, c. 17, except as such provisions are modified herein. The arbitration proceedings shall be held in Toronto, Ontario and the language of arbitration shall be English. All disputes referred to arbitration shall be governed by the substantive laws of the Province of Ontario and the federal laws of Canada applicable herein. Every award of the arbitrator shall be final and binding on the parties, not subject to appeal. The arbitration shall be kept confidential and the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions and any awards) shall not be disclosed beyond the arbitrator, the parties, their legal counsel, experts and consultants and any person necessary to the conduct of the proceeding. Nothing in this section shall limit the right of any party to seek extraordinary recourses in courts of competent jurisdiction, including, but not limited to, specific performance, seizures before judgment and injunctions, unless the recourse sought is in conflict with a dispute finally resolved in accordance with this section.
22. NO AGENCY
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Info-Texture or between Info-Texture and any other user of the Website.
23. ENTIRE AGREEMENT