Welcome to Thunderbird Spirit Water's website, www.thunderbirdspiritwater.com (the “Site”). UCHUCKLESAHT WATER VENTURES INC. dba Thunderbird Spirit Water (“we”, “us” or “our”) provides the Site and the information and services offered on the Site to you, subject to the following Terms of Use (“TOU”). These Terms set forth the terms and conditions under which you may use our website and services as offered by us. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS CONTAINED HEREIN, PLEASE DO NOT USE THIS SITE.
Please read these Terms & Conditions before using this Service. By continuing to use the Site, you agree to the Terms of Use.
INTRODUCTION
INTENDED AUDIENCE
In order to use our website and/or receive our services, you must be at least 13 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive products or services if doing so is prohibited in your country or under any law or regulation applicable to you.
USE
This Site is made available to you conditional on your acceptance of the Terms and Conditions set forth herein. By visiting or using this Site, including without limitation to, access, use, download, upload, send (collectively “Use”) Content, you agree on your own behalf, and on behalf of any person on whose behalf you may act, to accept and abide by the Terms and Conditions for each Use of the Site.
Content includes without limitation messages, information, data, text, software or images, or other content, articles, photographs, images, illustrations, audio clips, video clips and other materials or content available or posted on the Site (collectively, the “Content”).
This Site is only intended for Use by users residing within Canada.
Portions of the Site may refer to and be governed by other rules, terms, conditions or policies (collectively referred to as the “Other Terms”). All Other Terms are hereby incorporated by reference into these Terms and Conditions. In the event of a conflict between any Other Terms and the present Terms and Conditions, the letter shall prevail.
Your Use of the Site confirms your unconditional agreement to be bound by these Terms and Conditions and by the Other Conditions, if any.
MODIFICATIONS TO SERVICE
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. Your use of the service is at your sole risk. The service and all information, content, services or products obtained through the service are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, as to the operation of the service or the information, content, services or products included or offered on or through the service, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. We make no warranty that (i) the service or any information, content, services or products obtained through the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service or any information, content, services or products provided therein will be accurate or reliable, (iv) the quality of any services or any information, content, services or products obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.
c. Any material obtained from through the use of the service is obtained at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from obtaining any such material.
d. No advice or information, whether oral or written, obtained by you from us or from or through the service shall create any warranty not expressly stated in these terms of service.
COPYRIGHT
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of www.thunderbirdspiritwater.com. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. Copyright © 2024 Thunderbird Spirit Water.
RIGHT TO SUSPEND OR CANCEL USER ACCOUNT
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
INDEMNIFICATION
You agree to indemnify and hold Thunderbird Spirit Water harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Thunderbird Spirit Water, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Thunderbird Spirit Water assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT OBTAINED THROUGH THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
RIGHT TO CHANGE AND MODIFY TERMS
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
PROMOTIONAL EMAILS AND CONTENT
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
DISPUTE RESOLUTION
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of British Columbia, Canada, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Victoria, British Columbia. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
CONTACTING US
If you have any questions or comments about these terms, please contact us at the address listed below. Please report any violations of these TOU to info@thunderbirdspiritwater.com
Head Office | West Coast - 5251 Argyle Street Port Alberni, B.C. V9Y 1V1 Canada.