LAST UPDATED: MAY 28, 2019
INC. (“we” or “us”) and the people and companies (“Users” or “you”) that access and use
our website located at whiteboardcreative.io or any related website or mobile platform
provided through our Website and any other software application we operate, and all
content, services, and products available at or through the Website.
into a legally binding contract which will impact your rights.
or use any services available on the Website.
rules, guidelines, or policies posted on the Website.
2. SERVICES AVAILABLE ON THE WEBSITE
Without restriction, we generally offer the following services through the Website:
We create custom websites
Branding and logo development
The services we offer are subject to change over time. By using the Website, you are
confirming that you have determined that the services are appropriate for your needs. We
do not guarantee that these services meet your needs or that they are suitable for your
4. LIMITATION OF LIABILITY
for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or
damages of any kind resulting in any way from use of the Website.
Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as
available” basis without any warranty or condition, express, implied or statutory. We do
not warrant that your use of the Website will be uninterrupted, secure or error-free.
In no event will we have any liability to you or any third party for any lost profits or
revenues or for any indirect, special, incidental, consequential, or punitive damages
however caused, whether in contract, tort, or otherwise, and whether or not you or the
third party have been advised of the possibility of such damages. In the event the
foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or
such part thereof, shall be inapplicable.
You agree to indemnify and hold harmless WHITEBOARD CREATIVE LAB INC., including
our officers, directors, shareholders, employees and agents, from and against any and all
claims and expenses, including legal fees and disbursements, which are made against us
and arise out of your use of the Website, including but not limited to your violation of any
6. SECURITY BREACHES
In order to protect your security, it is your sole responsibility to ensure that all usernames
and passwords used to access the Website are kept secure and confidential.
You must immediately notify us of any unauthorized use of your account, including the
unauthorized use of your password, or any other breach of security.
We will investigate any breach of security on the Website that we determine in our sole
discretion to be serious in nature, but we will not be held responsible or liable in any
manner for breaches of security or any unauthorized access to your account however
7. WARRANTIES AND REPRESENTATIONS
We hereby disclaim all warranties of any kind, whether express, implied, or statutory,
including but not limited to implied warranties as to merchantability or fitness for a
particular purpose as they relate to the Website.
8. COMPLIANCE WITH LAWS
You represent and warrant that:
ii. Your use of the Website will be solely for purposes that are permitted by these Terms
iii. Your use of the Website will not infringe or misappropriate the confidentiality or
intellectual property rights of any User or third party; and
iv. Your use of the Website will comply with all local, provincial and federal laws, rules
and regulations, and with all policies posted on the Website.
You must only use the Website for your own lawful purposes, in accordance with these
Website on behalf of others or in order to provide services to others but if you do so you
must ensure that you are authorized to do so and that all persons for whom or to whom
9. AGE RESTRICTIONS
Users under the age of 18 are permitted to access and use the Website, but are prohibited
from submitting any personal information or other information that may be used to
identify them. Users under the age of 13 are only permitted to access and use the Website
while under the direct supervision of a parent or guardian.
10. GOVERNING LAW AND DISPUTE RESOLUTION
construed in accordance with, the laws in force in the Province of Ontario.
If any claim, dispute or controversy occurs between WHITEBOARD CREATIVE LAB INC.
and a User relating to the interpretation or implementation of any of the provisions of
arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall
be appointed by agreement of the parties or, in the absence of an agreement, such
arbitrator shall be appointed by a judge upon the application of either the User or
WHITEBOARD CREATIVE LAB INC. Arbitration shall be held in the Province of Ontario,
unless otherwise agreed by the parties. The arbitration procedure to be followed shall be
agreed by the parties or, in absence of an agreement, determined by the arbitrator. The
arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991,
SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator
shall be final and binding. Judgment upon the award rendered by the arbitrator may be
entered in any court having jurisdiction.
11. WAIVER OF CLASS ACTION
By using the Website, you agree to resolve any claim or dispute arising between you and
us on an individual basis, rather than addressing such claim or dispute as part of a group
or class. You hereby waive any right you may have to commence or participate in any class
action lawsuit commenced against WHITEBOARD CREATIVE LAB INC. or its affiliates
related to any claim, dispute or controversy arising from your use of the Website. Where
applicable, you hereby agree to opt out of any class proceeding against WHITEBOARD
CREATIVE LAB INC. otherwise commenced.
The above waiver shall not apply to claims or disputes arising under consumer protection
legislation or any other claim or dispute where a waiver of class action lawsuits is
unenforceable at law.
12. GENERAL TERMS
effective upon posting to the Website. We will make efforts to communicate any
notifications on the Website. Your continued use of the Website will be deemed to be
not we deemed the amendments to be material.
entity at any time with or without your consent and without prior notice to you.
without our prior written consent, and any unauthorized assignment and delegation is
c. NO WAIVER
No waiver of a provision, right or remedy of this Agreement shall operate as a waiver
of any other provision, right or remedy or the same provision, right or remedy on a
d. NO AGENCY
agents. WHITEBOARD CREATIVE LAB INC. has no fiduciary obligations or
use of the Website.
In the event that any provision or part of this Agreement is found to be void or invalid
by a court of law, the remaining provisions, or parts thereof, shall be and remain in
full force and effect.
f. ENTIRE AGREEMENT
constitute the entire agreement between you and WHITEBOARD CREATIVE LAB INC.
and supersede all prior communications, agreements and understandings, written or
BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ,
POLICIES AND NOTICES POSTED ON THE WEBSITE.