Terms and Condition

Age restrictions

You must be 18 years of age or older (or the age of majority, if higher) to order products from the Checklist Builder website. Collectively, the Checklist Builder website, social media pages, postings, blogs, videos, and web app products are referred to as the “Website”.

Legally binding agreement

By ordering Products or accessing the Website, you agree to be legally bound by these Terms and Conditions and the Privacy Policy. Checklist Builder reserves the right to update these Terms and Conditions, the Privacy Policy, and content of the Website at any time without prior notice. By continuing to access the Website or order Products, you will be legally bound by the then-current Terms and Conditions and Privacy Policy.

Governing law

Danny Hooper Production Inc. is a Corporation formed under the laws of the Province of Alberta. The internal laws of the Government of Alberta shall govern the performance of these Terms and Conditions, without regard to that province’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Alberta, Canada for all disputes arising out of, or relating to, the Terms and Conditions, the Website and the Products.

Copyright notice

Except for materials submitted by you or other persons or entities or taken from the public domain, all text, PDFs, graphics and other works of authorship created by or for Checklist Builder and made part of the Website, together with the selection, arrangement and presentation of such materials, are protected copyrights of Checklist Builder.

User of website materials

You may access, print or download information from the Website for your personal use only, provided that you maintain all copyright and other proprietary notices contained in the materials. You may not otherwise access, use, copy, distribute, upload, modify, or reuse such information without the express written permission of Checklist Builder. Examples of prohibited actions include, without limitation, unauthorized copying of the Website content, scraping data from the Website, or using Website materials to create your own website or app.

Checklist Builder reserves the right, in its sole discretion and at any time, to disable your access to one or more features of the Website or terminate or suspend your account without notice. If we take action against your account, you will not open another account without our permission.

You may not engage in any activity related to the Website or Products in any manner that is unlawful or that violates the rights of Checklist Builder or any third party.

You may not remove, circumvent, disable or otherwise interfere with any security-related features of the Website.

International use

You agree not to download or otherwise export any items in violation of Canadian export controls. Although the Website may be accessed worldwide via the World Wide Web, we make no representation that materials accessed through the Website are appropriate or lawful outside of Canada.

Third party products, services and links

The Website may contain links to third party sites or resources, as well as third party products or services, that are not under the control of Checklist Builder. Such links, products and services are provided to you as a convenience only, and Checklist Builder is not responsible for any such site, product or service. The inclusion of such items does not imply that Checklist Builder accepts any responsibility for the content or the use of them. If you use third party links, products or services, you will be subject to the third party’s Terms of Use, Privacy Policy, and other contractual provisions.

Exclusion of damages

Except as otherwise provided by applicable law, in no event shall Checklist Builder, its owners, managers, directors, officers, employees, agents, and affiliates be liable for indirect, special, incidental or consequential damages, whether based on contract, tort, or any other legal theory and whether advised of the possibility of such damages.

Certain provincial laws

Certain provincial laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. **Verify that this is accurate in Canada**

Payment

All prices are in Canadian Dollars (CDN).

Sales tax

We charge GST on orders received from within Canada.

Ordering for third parties

If you use the Website to submit requests for or on behalf of a third party (“Third Party”), you are responsible for all Submissions and orders that you transmit. Despite the fact that you are submitting requests on behalf of a Third Party, you are directly responsible under these Terms and Conditions for fulfilling all user obligations and paying all applicable fees, charges and indemnification amounts.

Materials that you transmit

You, and not Checklist Builder, are solely responsible for all text, photos, images, data, and other materials of any kind (“Submissions”) that you post, email or otherwise transmit (collectively, “transmit”) via any portion of the Website. You agree not to use the Website to transmit: any materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, or invasive of another’s privacy; impersonate any person or entity, or misrepresent your affiliation with any person or entity; any materials that you do not have a legal right to make available or that infringe any patent, trademark trade secret, copyright or other proprietary right of any party; any junk mail, spam, chain letters, pyramid schemes or materials that contain viruses or other harmful components; or harvest or otherwise collect information about others. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions.

Checklist Builder is not responsible for the loss or damage of your Checklists or Event Details.

You must provide a valid email address and any other information requested by Checklist Builder to complete your order. You are responsible for maintaining the confidentiality of your Checklist Builder login information and are fully responsible for all activities that occur under your account. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to immediately notify Checklist Builder of any unauthorized use or suspected unauthorized use of your account or any other breach of security.

Indemnification

You hereby agree to indemnify and hold harmless Checklist Builder and its owners, managers, directors, officer, employees, agents and affiliates, from and against any and all liability, cost and expense, including reasonable attorneys’ fees, arising from or related to any purchase, or your violation of these Terms of Use, or your use or misuse of the Website or Products.

REFUND POLICY

All sales are final.

Disclaimer of warranties

Except as otherwise expressly stated in these terms and conditions or as provided by law, the website and the products are provided “as is” and without warranty of any kind, express or implied, including without limitation any implied warranties of merchantability, fitness for any particular purpose, non-infringement of proprietary rights, or warranties related to being accurate, safe, available, uninterrupted, defect-free, or free from viruses or other harmful components.

Limitation of liability

In no event shall the total liability of Checklist Builder, its owners, managers, directors, officers, employees, agents, and affiliates, to you for all damages, losses, and causes of action arising out of or relating to the website or products, whether in contract, tort (including without limitation negligence), warranty, or otherwise, exceed the amounts paid by you during the twelve (12) months immediately preceding the date of your claim for the specific products that are the subject of the claim.

Miscellaneous

This Agreement represents the entire agreement between Checklist Builder and you. If we waive your breach of any provision of this Agreement, we have not waived our rights to pursue your subsequent breach of that provision or any other provision of this Agreement. The determination by a court of competent jurisdiction that any portion of this Agreement is invalid or unenforceable on any ground shall not affect the validity and enforceability of any other portion of this Agreement.

These Terms and Conditions, together with the Privacy Policy (the “Privacy Policy”), constitute a legally binding agreement between Checklist Builder, and you, the customer. In these Terms and Conditions, Checklist Builder is sometimes referred to as “we” or “us” or “our”.

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