Terms of Service
Last Updated: June 15, 2023
1. Introduction
Welcome to BudBreakZX. These Terms of Service ("Terms") govern your use of our website located at www.budbreakzx.com (the "Site") and all related services provided by BudBreakZX ("Services"). By accessing our Site or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Site or use our Services.
BudBreakZX provides consulting services for vineyards and farm businesses, specializing in financial planning, subsidies and grants assistance, certification support, tourism development, and direct-to-consumer channel creation.
2. Use of Our Services
Our Services are intended for legitimate business purposes related to vineyard and farm operations. You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:
- In any way that violates any applicable federal, provincial, local, or international law or regulation
- To impersonate or attempt to impersonate BudBreakZX, a BudBreakZX employee, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm BudBreakZX or users of the Services
3. Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BudBreakZX, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
- You may store files that are automatically cached by your Web browser for display enhancement purposes
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution
4. User Contributions
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials to us or on the Site. All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
5. Content Standards
User Contributions must in their entirety comply with all applicable federal, provincial, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person
- Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations
- Be likely to deceive any person
- Promote any illegal activity, or advocate, promote, or assist any unlawful act
6. Professional Services
BudBreakZX provides professional consulting services to vineyard and farm businesses. Our services are advisory in nature, and we do not guarantee specific outcomes or results. While we make every effort to provide accurate and up-to-date information, all decisions related to your business operations remain your responsibility.
When engaging our professional services:
- You acknowledge that successful implementation of our recommendations depends on many factors outside our control
- You understand that agricultural businesses are subject to various risks including but not limited to weather conditions, market fluctuations, and regulatory changes
- You agree to provide accurate and complete information necessary for us to deliver our services effectively
- You recognize that our services do not constitute legal, accounting, or tax advice, and you should consult appropriate professionals for such advice
7. Payment Terms
For any paid services, payment terms will be as specified in your service agreement. Unless otherwise stated:
- All fees are quoted in Canadian dollars
- Payment is due according to the schedule outlined in your service agreement
- We reserve the right to change our fees with notice to clients
- For ongoing services, we may request a deposit before commencing work
- Late payments may incur additional fees as specified in your service agreement
8. Limitation of Liability
In no event will BudBreakZX, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
9. Indemnification
You agree to defend, indemnify, and hold harmless BudBreakZX, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.
10. Governing Law and Jurisdiction
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the Province of New Brunswick without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of Canada or the courts of the Province of New Brunswick, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
11. Changes to Terms of Service
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
12. Contact Information
Questions about the Terms of Service should be sent to us at:
BudBreakZX
555 Main St
Fredericton, NB E3B 1B5
Canada
Phone: +1 506-555-6841
Email: [email protected]