DUFORD DIGITAL INC.
WEBSITE TERMS OF USE & SERVICE
THESE WEBSITE TERMS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE WEBSITE TERMS OF USE BEFORE USING THIS WEBSITE.
Last Update: March 19, 2026
Terms of Use
Duford Digital Inc.. (“Duford”, “we”, “us” or “our”) uses its websites, including https://homefortheharvest.com/, and their related social media accounts, to provide you with information about our various lifestyle brands, products, and services. The Website, together with any information, or any related services provided to you through the Website, are referred to in these Terms as the “Content”.
For the purposes of these Terms, “Website” means, collectively, other Duford digital properties, and all related webpages, subdomains, social media accounts and websites (including without limitation any mobile optimized website), but does not include any third party websites which are linked to or may link from the Website whether or not such third party websites are used in association with the Content.
Access and Compliance
Access to and use of the information provided through this Website and the Content, including any email newsletter subscriptions provided through the Website and viewing of the Content on or available through the Website, is subject to your acceptance of and compliance with these terms of use (“Terms of Use” or “Terms”). By using the Website you indicate your acceptance of these Terms of Use. If you do not accept these Terms of Use, then do not use the Website or any of its Content.
Privacy
By accessing or using the Website and the Content or otherwise accepting or agreeing to these Terms, you consent to the collection, use, disclosure and retention of your personal information by Duford as set out in our Privacy Policy available at https://homefortheharvest.com/privacy-policy/, which may be amended from time to time and which is incorporated into these Terms. The Privacy Policy sets out the types of personal information that we collect through your use of the Website and/or the Content, and the purposes for such collection, use and disclosure.
Modifications to this Agreement; Waiver
We reserve the right to alter, add to, delete, modify or change these Terms of Use at any time. Your use of the Website after any amendments or updates of these Terms of Use shall signify your assent to and acceptance of such revised terms. The most current version of the policy will govern your use of the Website. We will post any changes to the Terms of Use on the Website and update the revision date at the beginning of these Terms of Use. You should periodically review the Terms of Use to see recent changes. Any changes to these Terms of Use or waiver of Duford’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Duford. No purported waiver or modification of these Terms of Use by Duford via telephone or email communications shall be valid.
Affiliate Marketing and Amazon Associate Program
Duford may earn a small commission when readers access the Website and Content. This doesn’t affect which products are included on the Website or Content. For example, in our articles that recommend and hyperlink to a third party product, we may earn a small commission when users purchase products through those links.
Duford is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a way for websites to earn advertising revenues by advertising and linking to Amazon.com. As an Amazon Associate, Duford may earn, at zero cost to you, commission from qualifying purchases from Amazon.com.
Please visit our Affiliate Disclosure.
Restrictions on Use of the Website and Content
You acknowledge and agree that you are authorized to view the Content and to use the Website and the Content, and that you shall view and use the Website and the Content, for your own personal and non-commercial use only and otherwise only in accordance with these Terms. Except as otherwise set out in these Terms, you acknowledge and agree that: (a) you will not, directly or indirectly, sell, assign, distribute, provide access to, transmit, exploit, copy, modify, publish, republish, reproduce, repackage, retransmit, resell, recompile, decompile, disassemble or otherwise disseminate, the Website or the Content, or any derivative works from the Content, or any portion thereof, in any medium or in any manner whatsoever; and (b) you will not use the Website or the Content to construct a website or mobile application that competes with the Content.
In addition, you shall use the Website and links to other websites from the Website for lawful purposes only and you shall use the Content in accordance with all applicable laws. You may not: (i) attempt to gain unauthorized access to the Website, or computer systems or networks connected to the Website, through hacking, password or data mining, or any other means to circumvent security procedure; (ii) use the Website in any manner that could damage, disable, overburden, or impair the Website or any of the Content, or interfere with any other party’s use and enjoyment of the Website; (iii) access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser; (iv) use any robot, spider or other automatic device, software program or manual process to monitor, copy or interfere with any web pages or the content contained thereon on the Website; (v) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; or (vi) use the Website to execute denial of service attacks.
Under no circumstances will you use the Website or the Content, or any derivative works from the Content, or any portion thereof, in any manner that may infringe any proprietary or intellectual property rights or interests that Duford or any third party may have in the Website or the Content, or any derivative works from the Content, or any portion thereof.
Without limiting the generality of the foregoing, you represent and warrant to Duford that you will not use the Website or Content or any material retrieved from the Content to create products or perform services which compete or interfere with the products or services of Duford.
Mobile Devices
The Website may be available through or viewed from certain mobile devices. You acknowledge and agree that Duford is not responsible for ensuring that your mobile device’s software is compatible with the Website or that you can use or access the Website and the Content through your mobile device.
General Rules of User Conduct
In using the Website and the Content, you agree not to do any of the following:
- conduct or promote any illegal activities;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- intentionally or unintentionally violate any applicable local, provincial or state, national or international law or regulation;
- attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;
- attempt to gain access to secured portions of the Website to which you do not possess access rights;
- use the Website to generate unsolicited email advertisements or spam; or
- impersonate another user.
Links to Third-Party Websites
The Website and Content may contain links to the website of a third party (the “Linked Sites”). These links are provided to you as a convenience. The content of these Linked Sites has not been reviewed or approved by us. You acknowledge and agree that we shall not be responsible or liable in any way for any damage or loss caused or alleged to be caused by your use of any third party link, content, goods or services (including, without limitation, in connection with any third party goods or services recommended by us). You are responsible for reviewing and complying with the terms of use applicable to any such third party website.
The inclusion of any Linked Site is only provided as a convenience, and the inclusion of any link does not imply or otherwise constitute endorsement by Duford of the Linked Site and the content and materials found at the Linked Site, except as specifically stated otherwise by Duford or, explicitly indicated on the Website.
Any purchase or other transaction between you and any third party whose link may be listed on the Website or in the Content is entirely between you and such third party. Payment, delivery and all other dealings are entirely between you and the applicable third party. You agree that we shall not be responsible or liable for any loss, damage or other matters associated with your transaction with any third party and you hereby irrevocably waive, release, agree not to sue, and forever discharge us from and against any and all claims or causes of action arising out of or in connection with any transaction with a third party.
We may provide links through the Website and Content that enable you to visit and interact with our social media accounts, such as Facebook, Instagram and YouTube (“Social Media Accounts”). Certain areas of the Social Media Accounts may enable you to post comments and offer social sharing of the Content by using third party buttons (such as “Like” or “Share” buttons). Third party services are not under our control, and we are not responsible for any third party services’ use of your exported information in relation to the Social Media Accounts.
Accuracy of Information
We work hard to make sure all information provided on the Website is accurate, up-to-date and complete. However, the information and materials on the Website may contain errors or inaccuracies, including both typographical and substantive errors. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the Website and to suspend or deny access to the Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and Duford has no responsibility to update or amend any such information.
The information contained in this Website is for general information and educational purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website and the Content, including any information, products, services, recommendations, reviews, or related graphics contained on the Website for any purposes. It shall be your own responsibility to ensure that any products, services, recommendations, reviews, or information available through this Website and the Content meet your specific requirements. Any reliance you place on such information is strictly at your own risk.
Links to the Website
While we encourage links to the Website, we reserve the right to prohibit or refuse to accept any link to the Website at any time. You agree to remove any link you may have to the Website upon our request.
Digital PDF, Payment Terms
Duford offers digital PDFs available for download, which provides you access to certain additional Content (for example, a seasonal gardening plan) (the “Digital PDF”). By downloading the Digital PDF, you accept our Terms, which includes the payment terms as described below.
There are no account, membership or subscription fees associated with your use of the Website or Content, unless you choose to download the Digital PDF. You agree to pay the fees for the Digital PDF that you purchase through the Website, and you acknowledge and agree that only an adult (a person who has attained the age of majority in their local jurisdiction) can enter into and complete a transaction involving the payment of money.
Our approved third party payment providers, Paypal and/or Stripe, will charge your chosen method of payment for applicable fees in relation to the Digital PDF, plus any applicable taxes we are required to collect.
Duford may change the fee charged for the Digital PDF at any time. We will give you reasonable notice of any pricing changes either by posting such change on the Website.
Electronic Communications
By signing up to receive our email newsletter, you consent to receive electronic communications from Duford by email (the “Electronic Communication”). You acknowledge and agree that any Electronic Communication satisfies any legal communication requirements, including, but not limited to, that such communication be in writing.
You may opt out of receiving the Electronic Communication at any time by [using the unsubscribe feature located in the footer of such email newsletter or by contacting us by email directly.
Non-Confidentiality and Privacy
Any communications between you and Duford, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying the Website or Content (“Feedback”) will be deemed by Duford to be non-confidential and non-proprietary, and you agree that (a) Duford is therefore not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of any third party and you have all of the necessary rights to disclose the Feedback to Duford, (c) Duford (including all of its affiliates, successors and assigns) may freely use, reproduce, publicize, and you irrevocably assign to us the right to license, distribute, and otherwise commercialize Feedback on the Website, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from Duford or any of the users of the Website.
Duford’s Privacy Policy explains how Duford collects, uses and discloses information that pertains to your privacy and personal information. The Privacy Policy forms part of the Terms of Use with you and is incorporated herein. For full details, please refer to our Privacy Policy.
Security
While we make commercially reasonable efforts to keep the Website secure and protect the data you transmit to us through the Website, information sent or received over the Internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information and as such cannot guarantee the security of the Website or such information and will not be liable for any unauthorized access to or use of the data transmitted via the Website.
Disclaimer of all Representations, Warranties and Conditions
THE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE AND ACCESS TO THE CONTENT ARE PROVIDED ON AN “AS IS”, AS-AVAILABLE BASIS. THE DUFORD PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE WITH RESPECT TO THE CAPABILITY OF THE WEBSITE (INCLUDING WITHOUT LIMITATION WITH RESPECT TO ACCESS TO THE WEBSITE THROUGH ANY MOBILE DEVICE) OR THE ACCURACY OR THE COMPLETENESS OF THE CONTENT PROVIDED THEREON. ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. ANY INFORMATION OR MATERIAL ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND THE CONTENT BY ANY MEANS OF ACCESS WHATSOEVER IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, FAILURE TO TRANSMIT DATA OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, VIEWING, DOWNLOADING, USING OR RELYING ON ANY SUCH MATERIAL. DUFORD DOES NOT WARRANT THAT THE SERVICES PROVIDED HEREIN WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE IS FREE OF OTHER HARMFUL COMPONENTS.
DUFORD DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED, REVIEWED, RECOMMENDED OR OFFERED BY ANY THIRD PARTY THROUGH ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND DUFORD SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
Disclaimer and Assumption of Risks
Disclaimer
DUFORD DOES NOT GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, QUALITY, SAFETY, OR TIMELINESS OF THE INFORMATION PROVIDED ON THE WEBSITE AND CONTENT. INFORMATION CONTAINED ON THE WEBSITE MAY CONTAIN ERRORS OR INACCURACIES. ACCESS TO THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. YOU SHOULD NOT ASSUME THAT YOUR USE OF THE WEBSITE AND CONTENT WILL BE ERROR FREE OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION.
DUFORD DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS REGARDING USE OF THE WEBSITE AND CONTENT OR THE INFORMATION PROVIDED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Assumption of Risks
YOU ACKNOWLEDGE AND AGREE THAT DUFORD IS NOT IN THE BUSINESS OF PROVIDING GARDENING, LANDSCAPING, USE OF GARDENING TOOLS AND PRODUCTS, PLANT, EDUCATIONAL, MUSICAL, PARENTING, USE OR REVIEW OF PRODUCTS, NUTRITIONAL, HEALTH, PRODUCT SAFETY, OR OTHER PROFESSIONAL ADVICE. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE THAT THE WEBSITE AND CONTENT MEET YOUR NEEDS AND ARE SUITABLE FOR THE PURPOSES FOR WHICH THEY ARE USED.
UNDER NO CIRCUMSTANCE SHALL DUFORD BE LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY ACTIVITY THAT YOU ENGAGE IN BASED ON ANY INFORMATION OR MATERIAL YOU RECEIVE THROUGH THE WEBSITE OR CONTENT. YOU FREELY ACCEPT AND FULLY ASSUME RESPONSIBILITY FOR YOURSELF, FOR THE INHERENT AND OTHER RISKS (BOTH KNOWN AND UNKNOWN) OF THE WEBSITE AND CONTENT, AND FOR ANY DAMAGE OR LOSS YOU MAY SUFFER RESULTING FROM THOSE RISKS.
YOU HEREBY AGREE AND ACKNOWLEDGE THAT USING THE WEBSITE AND CONTENT INVOLVES MANY RISKS, INCLUDING, BUT NOT LIMITED TO:
Product reviews and safety: you understand that our various product reviews and recommendations provided for on the Website and Content (the “Website Products”) are for general educational purposes only. Duford makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, quality, safety, reliability, suitability, or availability with respect to the Website Products. Your use of any information or materials on this Website or Content, including the use of any Website Products, is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any Website Products or information available through our Website and Content meet your specific requirements. None of the information or material on the Website and Content is to be taken as advice of any kind.
Personal health risks: you acknowledge that there may be health risks associated with the use of any Website Products. You should consult with a physician before engaging in any activity based on any information or material you receive through the Website or Content to ensure it is appropriate for you. You should not rely on this information as a substitute for, nor does it replace, professional medical advice.
Negligence. YOU ACKNOWLEDGE THE RISKS OF NEGLIGENCE ON THE PART OF DUFORD, INCLUDING THE FAILURE ON THE PART OF THE DUFORD PARTIES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT YOU FROM THE RISKS, DANGERS AND HAZARDS OF ACCESS TO OR USE OF THE WEBSITE AND CONTENT. YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
Limitation of Liability and Indemnification
BY ACCESSING OR USING THE WEBSITE OR CONTENT, YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVE, RELEASE, AGREE NOT TO SUE, AND FOREVER DISCHARGE DUFORD AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PROFESSIONAL ADVISORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “DUFORD PARTIES”) FROM ANY AND ALL CLAIMS, LIABILITY, OR RIGHTS OF ACTION YOU MAY HAVE THAT ARE RELATED TO, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED WITH YOUR ACCESS TO, USE, FAILURE TO USE, RELIANCE ON OR MISUSE OF THE WEBSITE AND CONTENT.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND CONTENT AND ANY INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. DUFORD IS NOT LIABLE UNDER CONTRACT LAW, TORT LAW, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE AND CONTENT OR ANY INFORMATION CONTAINED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL DUFORD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR ACCESS TO OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OR ACCESS TO THE WEBSITE, PRODUCT LIABILITY, ANY CONTENT OR ANY LINKS OR FAILURE OF THE WEBSITE OR ANY LINKS OR DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE WEBSITE AND CONTENT, OR ANY LINKS, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE WEBSITE, OR ANY OTHER PECUNIARY LOSS.)
IF, NOTWITHSTANDING THE ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND THE LIMITATION OF LIABILITY IN THESE TERMS, DUFORD IS FOUND LEGALLY RESPONSIBLE TO YOU FOR ANY DAMAGES YOU MAY HAVE SUFFERED ARISING IN CONNECTION WITH YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE, CONTENT OR A LINKED SITE OR FOR ANY REASON WHATSOEVER, THEN DUFORD’S LIABILITY TO YOU SHALL BE NO MORE THAN CANADIAN ONE HUNDRED DOLLARS (CAD$100.00).
THESE LIMITATIONS SHALL APPLY EVEN IF DUFORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU SHALL INDEMNIFY AND HOLD DUFORD HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).
Jurisdiction
Those who choose to access the Website do so of their own initiative and are responsible for compliance with all applicable laws in force in the jurisdiction from which they access the Website. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each user shall comply with all local rules and laws regarding online conduct and submission of acceptable materials. These Terms of Use are governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of laws that would impose the law of another jurisdiction, and you agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia, Canada.
Termination
We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access to the Website.
Website Availability
We cannot guarantee that the Website will be available 100% of the time. Although we strive to provide the most reliable website possible, interruptions and delays in accessing the Website are unavoidable and we disclaim any liability for damages resulting from such problems.
Intellectual Property
The Website and all of the Content are, and at all times remain, the property of Duford. The Website and all of the Content are protected by intellectual property rights owned by Duford. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content.
The Website and Content, including but not limited to any audio, video, icons and images, graphics, images, domain names, business names, site design, words, titles and phrases, as well as the selection, arrangement, and “look and feel” of such Website and Content constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of Duford (collectively, the “Duford IP”) or third parties (the “Third Party IP”). Duford at all times remains the sole owner of the Duford IP.
The display of the Content, the Duford IP and the Third Party IP on the Website does not convey or create any licence or other rights in any of the Content, the Duford IP or the Third Party IP. You acknowledge and agree that you do not acquire:
- any ownership rights in any of the Content, the Duford IP or the Third Party IP;
- any right to use any of the Content, the Duford IP or the Third Party IP for commercial purposes including sale, resale, licence or sublicense; or
- any right to reproduce, distribute, display, post, disseminate, publish, broadcast, or transfer any of the Content, the Duford IP or the Third Party IP.
Use of any of the Content, the Duford IP or the Third Party IP, without the prior written consent of Duford, or third party, is strictly prohibited.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation Canadian export laws and regulations.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms and the Privacy Policy together constitute the entire agreement between you and Duford with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Duford with respect to such use are hereby superseded and cancelled. Duford will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected. Duford’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Duford of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Duford and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties. These Terms shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.
Terms of Content Use – Your Use of Our Content
The content we make available on this website [and through our other channels] (the “Service”) was created, developed, compiled, prepared, revised, selected, and/or arranged by us, using our own methods and judgment, and through the expenditure of substantial time and effort. This Service and the content we make available are proprietary, and are protected by these Terms of Service (which is a contract between us and you), copyright laws, and other intellectual property laws and treaties. This Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. We provide it for your personal, non-commercial use only.
You may not use, and may not authorize any third party to use, this Service or any content we make available on this Service in any manner that (i) is a source of or substitute for the Service or the content; (ii) affects our ability to earn money in connection with the Service or the content; or (iii) competes with the Service we provide. These restrictions apply to any robot, spider, scraper, web crawler, or other automated means or any similar manual process, or any software used to access the Service. You further agree not to violate the restrictions in any robot exclusion headers of this Service, if any, or bypass or circumvent other measures employed to prevent or limit access to the Service by automated means.
Binding Arbitration (“Arbitration Agreement”)
a. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers(collectively, “We” or “Us”), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.
You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to 301-3126 31st Avenue, Vernon, British Columbia, V1T 2H1, Canada.. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Fees. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.
d. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.
e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
f. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.
g. Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.
i. Survival. This Arbitration Agreement will survive the termination of your relationship with Us.
j. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.
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Limitations on Liability. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, “WE” OR “US”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO RAPTIVE BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.