TERMS OF SERVICE
This website is operated by n. design. Throughout the site, the terms "Studio", “we”, “us”, "it's" and “our” refer to n. design. n. design offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or retaining our services, you engage in our “website” and agree to be bound by the following policies, terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, clients, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using this website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website. These Terms of Service are not considered an offer.
Any new features or tools which are added to the current site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. n. design reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to this website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - TERMS of Service or Website
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and/or you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to reasonably refuse service to anyone for any reason at any time.
You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by n. design.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Any version of these Terms and Conditions of Service in a language other than English is provided for convenience and both parties understand and agree that the English language will prevail in the event there is any conflict.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
n. design is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. n. design reserves the right to modify the contents of this site at any time, but does not have an obligation to update any information on this site. You agree that it is your responsibility to monitor changes to this site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
n. design reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
n. design shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - SERVICES (if applicable)
Certain services may be available exclusively online through the website.
SECTION 6 - OPTIONAL TOOLS
n. design may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
n. design may also, in the future, offer new services and/or features through this website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 7 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products shall be directed to the third-party.
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at the request of n. design, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. n. design shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
n. design on a best efforts basis, has no obligation to, but will, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead n. design or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments provided by you or any third-party.
SECTION 9 - PERSONAL INFORMATION
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on any related website is inaccurate at any time without prior notice. n. design undertakes no obligation to update, amend or clarify information on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or Territorial regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;(j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
n. design does not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the website will be accurate or reliable. You agree that from time to time we may remove the website for indefinite periods of time or cancel the website at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The website and all services delivered to you through the website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of fitness for a particular purpose, durability, title, and non-infringement.
In no case shall n. design, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of this website, or for any other claim related in any way to your use of the website, 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 the website or any content posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the extent permitted by law.
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless n. design and it's subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 - SEVERABILITY
If any court of competent jurisdiction declares any provision of this Agreement invalid, void or unenforceable in whole or in part, for any reason, it shall be deemed not to affect or impair the validity of the remainder of this Agreement, which shall remain in full force and effect. To the extent that any court of competent jurisdiction concludes that any provision of this Agreement is void or voidable, the court shall reform such provision(s) to render the provision(s) enforceable, but only to the extent absolutely necessary to render the provision(s) enforceable.
SECTION 15 - ENTIRE AGREEMENT
The failure of n. design to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 - GOVERNING LAW
Attornment to Ontario:
This Agreement shall be governed by and construed in accordance with the laws of Ontario and the laws of Canada where applicable. Any and all disputes arising under this Agreement, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, The region of Durham, and the city of Oshawa, in the English language, and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of Ontario.
SECTION 17 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
n. design reserves the right, at it's sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 18 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us via the contact tab on the home page, which is also accessible by the top menu, under; Company > "Form - Contact Us" line item.
Produced & © 2022 by M A Mayer CIPP/C, CIPT