THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE.
1. Overview
Welcome to Spring Activator Inc.
These terms and conditions (the “Terms”) outline the rules and regulations for the use of the Spring Activator Inc. (“Company”, “us”, “our”, “ourselves”, “we”) website. We use our website and its related webpages (collectively, the “Website”) to provide you (“you”, “your”, “user(s)”) with information about our various programs. Access and use of the Website is subject to your acceptance of, and compliance with, these Terms and our privacy policy found at https://spring.is/old/privacy-policy/ (the “Privacy Policy”). By using the Website, you indicate your acceptance of the Terms and Privacy Policy. Do not use our Website if you do not accept the Terms and the Privacy Policy.
2. Modification to Terms
We reserve the right to change or amend these Terms at any time. Any changes or amendments will become effective upon our posting of the revised Terms on this page. You can determine when the Terms were last revised by referring to the “Last Updated” reference expressly provided. Is it your responsibility to check this page periodically for changes. Your use of the Website after any changes or amendments to the Terms will signify your, and be conclusively deemed, acceptance of the Terms, as changed or amended.
3. Website Availability
The Website may be available through certain mobile devices. You acknowledge and agree that we are not responsible for ensuring that your mobile device’s software is compatible for you to access the Website through your mobile device.
We cannot guarantee nor do we commit to ensuring that the Website remains available at all times or that the material on the Website is kept up to date. We disclaim any liability for damages resulting from such problems.
4. Use of Website
Certain parts of the Website offer the opportunity for users to post and exchange opinions, information, material and data (the “Comments”). We do not screen, edit, publish or review Comments prior to their appearance on the Website. Comments do not reflect the views or opinions of the Company, its agents or affiliates. Comments reflect the view and opinion of the user who posts such view or opinion. While we reserve the right to review, monitor and prohibit Comments, without notice for any reason, we nonetheless assume no responsibility for the Comments made available by users and we do not assume any obligation to monitor, modify or remove any inappropriate Comments. To the extent permitted by applicable laws, we will not be responsible or liable for any user conduct, Comments or for any loss, cost, liability, damages or expenses caused and or suffered as a result of any use, posting and/or appearance of Comments on this Website.
You warrant and represent that: (a) you are entitled to post Comments on our Website and have all necessary licenses and consents to do so; (b) your Comments do not infringe any intellectual property rights, including without limitation copyright,patent or trademark, or other proprietary rights of any third party; (c) your Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material; and (d) your Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You will use the Website or links to other websites from the Website (the “Linked Sites”) in accordance with all applicable laws. You will 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 interfere with any other individual’s use and enjoyment of the Website; (iii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; (iv) use the Website to execute denial of service attacks; or (v) use the Website to generate unsolicited email advertisements or spam. We reserve the right to take such steps as deemed necessary, including without limitation legal action, to restrain unauthorized activity.
Unless otherwise stated, the Company and/or its licensors own the intellectual property rights for all material on the Website. All intellectual property rights are reserved. Under no circumstances will you use the Website or Linked Sites in any manner that may infringe any proprietary or intellectual property rights or interests that we may have in the Website. You may view and/or print pages from the Website for your own personal use subject to restrictions set out in these Terms. You must not: (a) republish material from the Website; (b) sell, rent or sub-license material from the Website; (c) reproduce, duplicate or copy material from the Website; or (d) redistribute content from the Company (unless content is specifically made for redistribution), unless you have obtained expressed consent from the Company to do so. Without limiting the generality of the foregoing, you represent and warrant to us that you will not use the Website or any material retrieved from the Website to create products or perform services which compete or interfere with the Company’s business.
5. Hyperlinking to our Website
The following organizations may link to our Website without prior written approval: (a) government agencies; (b) search engines; (c) news organizations; (d) online directory distributors (when they list us in the directory, they may link to our Website in the same manner as they hyperlink to the websites of other listed businesses); and (e) systemwide accredited businesses (except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website).
Approved organizations may link to our home page, to publications or to other Website information so long as the link: (i) is not in any way misleading; (ii) does not falsely imply sponsorship, endorsement or approval of such third party and its products or services; and (iii) fits within the context of the linking party’s site.
We may consider and approve in our sole discretion other link requests from the following types of organizations: commonly-known consumer and/or business information sources such as Chambers of Commerce, Consumers Union; dot.com community sites; associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals; accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, will not be allowed to link); (b) the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
If you are among the organizations listed in the paragraph above and are interested in linking to our Website, you must notify us by sending an email to help@spring.is. Please include your name, your organization name, contact information (such as a phone number and/or email address) as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on our Website to which you would like to link. Allow 2-3 weeks for a response. Approved organizations may hyperlink to our Website as follows: (i) by use of our corporate name; or (ii) by use of the uniform resource locator (Web address) being linked to; or (iii) by use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site. No use of the Company’s logo or other artwork will be allowed for linking absent a trademark license agreement.
We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. By continuing to link to our Website, you agree to be bound to and abide by these Terms.
If you consider any link on our Website or any Linked Sites objectionable for any reason, you may contact us. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
6. Disclaimer of all Representations, Warranties and Conditions
WE, OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, WITHOUT DELAY OR FAILURE, OR THE ACCURACY OR THE COMPLETENESS OF THE DATA PROVIDED THEREON. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED. ANY INFORMATION OR MATERIAL ACCESSED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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, USING OR RELYING ON ANY SUCH MATERIAL. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE IS FREE OF CONTAMINATING OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY LINKED SITES AND THE COMPANY WILL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
7. Limitation of Liability and Indemnification
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE COMPANY IS NOT LIABLE UNDER CONTRACT LAW, TORT LAW, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE OR ANY INFORMATION CONTAINED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF THE USE, OR INABILITY TO USE, THE WEBSITE). THESE LIMITATIONS WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU WILL INDEMNIFY AND HOLD THE COMPANY AND ITS AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO ANY VIOLATION BY YOU OF THESE TERMS, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).
You expressly acknowledge that the Company is making the Website and any Linked Sites available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the Terms. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by the Company of your use of, or access to, the Website.
8. 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 will not be liable to you or any third party for any termination of your access to the Website.
9. Copyright and Trademark Information
The Website, and the information and materials that it contains, are the property of the Company, its subsidiaries and affiliates, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All of our product names and logos are trademarks or registered trademarks of the Company, a corporation incorporated under the laws of the Province of British Columbia. You may neither remove any copyright, trademark or other proprietary notices from any copy of, nor modify, the Website. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission. You will not attempt to override or circumvent any of the usage rules or restrictions on the Website. We reserve the right to take such steps as deemed necessary, including without limitation legal action, to restrain unauthorized activity.
10. Contact Information
The Company is located at: 300 – 225 W 8th Avenue, Vancouver, BC, V5Y 1N3. If you have any questions regarding any of our Terms, please contact us at help@spring.is
11. General
(a) Entire Agreement. The Terms and Privacy Policy constitute the entire agreement between you and the Company with respect to the subject matter contained herein and there are no other terms, conditions, representations, warranties, or collateral agreements, express or implied.
(b) Headings. The headings in the Terms are for convenience only and will not be construed as part of the Terms.
(c) Assignment. The Company may assign the Terms, in whole, or in part, at any time, with or without notice to you. You may not assign your rights or delegate your duties under the Terms. The Terms will enure to the benefit of and be binding upon the parties to these Terms and the Company’s respective successors, heirs and permitted assigns.
(d) Non-Waiver and Severability. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. The invalidity or unenforceability of any provisions of the Terms will not affect the validity or enforceability of any other provision of the Terms, which will remain in full force and effect.
(e) Language. Any use of words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. Unless the context otherwise requires, where the word “including” or “includes” is used in the Terms, it means “including (or includes) without limitation”.
(f) Governing Law. The Terms are governed and interpreted pursuant to the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The foregoing will not limit the Company’s right to enforce the Terms in any other jurisdiction if reasonably necessary or advisable in our sole discretion.
We acknowledge that we are headquartered on the traditional, ancestral, and unceded territories of the xʷməθkʷəy̓əm (Musqueam), sḵwx̱wú7mesh (Squamish), Stó:lō, and sel̓íl̓witulh (Tsleil-Waututh) peoples, and as a global team we’d like to extend this acknowledgement to all those who have historically stewarded and nurtured the lands we live, work, and play on today.