CAREFULLY REVIEW THESE TERMS OF USE BEFORE USING THIS WEBSITE (THE “SITE”) IN ANY WAY. REFERENCES IN THESE TERMS TO “THE SITE” INCLUDES HTTPS://WWW.resetfinancial.ca/ AND ALL ASSOCIATED WEB PAGES. YOU SHOULD READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY ACCESSING OR USING THIS SITE OR OTHERWISE INDICATING YOUR CONSENT, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THE DOCUMENTS REFERRED TO IN THEM. IF YOU DO NOT AGREE WITH OR ACCEPT ANY OF THESE TERMS, YOU SHOULD CEASE USING THE SITE IMMEDIATELY. IF YOU HAVE ANY QUESTIONS ABOUT THIS WEBSITE, PLEASE CONTACT:
Reset Financial Inc.
5015-118 Ave NW
Edmonton, Alberta, T5W 1B8.
customerservice@resetfinancial.ca
(the “Contact Information”)
1. Introduction
- Definitions
- “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on, or accessible from the Site, including information related to any Product or Service;
- “Product” or “Service” means any product or service advertised on the Site which a customer can apply for and/or purchase from Reset;
- “We“, “Us,” “Our”(regardless of capitalization) or “Reset” means Reset Financial Inc., including any affiliates, subsidiaries, or otherwise related corporations or entities;
- “You” or “Your” (regardless of capitalization) means the person accessing or using the Site or its Content.
- Privacy Policy. Reset is committed to protecting the privacy of its Site users. To review our full Privacy Policy, click here.
- We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at using the Contact Information provided above.
- Product/Service Agreements Separate. The Site advertises various Products and Services that we offer for sale to customers. Agreements for specific Products and Services will be subject to their own contractual terms, conditions, and limitations, in addition to those outlined in this Terms of Use document and our Privacy Policy.
2. Restrictions On Use
- This Site is intended for and directed to individuals 18 years of age or older. By using this Site, you represent and warrant to us that you are at least 18 years old and have the legal capacity to understand and agree to these Terms of Use. If you are not at least 18 years old, you must exit this Site immediately.
- The Site is for your personal and non-commercial use only. As a condition of your use of the Site, you agree:
- not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms of Use;
- not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
- not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell, or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law and/or under our Privacy Policy or any Product or Service contracts;
- not to use the Site to distribute viruses or malware or other similar harmful software code;
- not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
- that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.
- We reserve the right to prevent or suspend your access to the Site for any reason and at our sole discretion, with or without notice to you.
3. Ownership, Use and Intellectual Property Rights
- This Site and all intellectual property rights in the Site (including without limitation all Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
- Trademarks and trade names may be used on this Site. The use or misuse of any trademarks or any other Content on the Site except as provided in these Terms of Use is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our prior written permission.
- Nothing in these Terms of Use grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.
4. Submitting Information to the Site
- In order to contact us and apply for Products or Services on the Site, you may be required to provide us with information including your full name, email address, and phone number. By doing so, you grant express consent to us to contact you using the contact information provided. By providing us with this contact information, you agree that the contact information provided by you will be accurate and complete. This information will be retained and used by us in accordance with our Privacy Policy.
- You are responsible for protecting the confidentiality of any information provided by you to us on the Site, as well as for restricting access to your computer, device or media system platform. If you discover, or have reasonable reason to believe, that anyone other than you used or is using your information for the purposes of obtaining a Product or Service from us, or of any other security breach involving the Site, you must immediately contact us using our Contact Information provided in this document.
- The Site, including any email or chat features included on it, is not a secure means of communication and any information you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as “Unwanted Submissions“). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Policy, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.
- Where our Site enables you to communicate with us and/or other users of the Site, including but not limited to through the use of email, fillable forms, surveys, blogs, chatrooms, discussion boards, or other similar platforms, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity or inaccuracy contained in any such information.
- You represent and warrant that any Content you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name with any such Content that we may choose to publish. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Policy.
- Each time that you access the Site, you represent and warrant to us that:
- you are accessing the Site solely for lawful purposes and in strict compliance with these Terms of Use;
- you are accessing the Site solely for your own personal, non-commercial purposes;
- you are not accessing the Site for the purposes of any dispute or litigation involving us; and
- you are not accessing the Site for any illegal purpose or to advertise, solicit or communicate with other users for any commercial purpose.
- Upon providing us with your email address, you may receive emails regarding us and our Product and Service offerings. You can opt out of these emails at any time by using the unsubscribe feature located in the footer of such emails. You cannot opt out of electronic communications in the form of general notices on the Site to all users.
- We strive to ensure the security of your data contact information, however, we cannot guarantee that unauthorized third parties will not circumvent our security measures.
5. Accuracy of Information and Availability of the Site
- While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these Terms of Use shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our Products and news, features, Services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.
- While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.
- We may immediately, and without prior notice, suspend and/or terminate your ability to access the Site, either entirely or in part, for any reason including, without limitation:
- if you violate or otherwise fail to strictly comply with any term or provision of these Terms of Use;
- if we have determined that your use has created or potentially created risk or legal exposure for us; or
- in response to requests by law enforcement or other government agencies.
- You acknowledge and agree that any termination or suspension of your access to the Site may be made by us in our sole discretion and that we shall not be liable to you or any third party for any termination or suspension of your access to the Site.
6. Hyperlinks and Third Party Websites
- The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third-party website may be governed by the terms of use of that third party website.
7. Warranties and Limitation of Liability
- To the fullest extent permitted by applicable laws, all Content accessed on or through the Site, or a website to which the Site is linked, is provided to you “as is” and “as available” without any warranty of any kind either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made through the Site, or a linked website by any party other than us, or the capabilities or reliability of any product or service obtained from a linked website. Except as required under applicable consumer protection law, under no circumstance will we be liable for any loss or damage caused by a user’s reliance on information obtained through the Site or a linked website, or a user’s reliance on any product or service obtained from a linked website. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other Content available through the Site, or obtained from a linked website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, Product, Service, or other Content.
- You agree that Reset, its officers, directors, employees, and/or agents will not be liable, whether in contract, tort, strict liability, equity or under any other legal theory, for any personal injury, loss, accident or death or any direct, indirect, punitive, consequential, incidental or special damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site, or a linked website, or for any delay or inability to use the Site, or a linked website, even if we are made aware of the possibility of such injury, loss, accident, death or damages. This limitation on liability includes, but is not limited to, the transmission of any viruses, malware or malicious software which may infect a user’s equipment or devices, failure of the Site to be compatible with your hardware or software, failure of mechanical or electronic equipment or communication or interconnect lines or fiber, or other connectivity problems ( e.g., you cannot access your internet service provider), unauthorized access, theft, loss of data, operator errors, strikes or other labour problems or any force majeure event. We cannot and do not guarantee continuous, uninterrupted, error free or secure access to the Site. Without limiting the foregoing, under no circumstances will we be liable to you for any amount that exceeds the aggregate of all amounts paid by you to us for any Product and/or Service.
- Applicable laws may not allow for a limitation or exclusion of liability for incidental or consequential damages, in which case the above limitation or exclusion may not apply to you. However, even if this is the case, in no event shall our total liability for all damages, losses and causes of action and costs and expenses (including legal fees) whether in contract, tort (including but not limited to negligence), equity or under any other legal theory, related to your use of, or the inability to use, the Site exceed the aggregate of all amounts paid by you to us.
- The Content published on the Site or a linked website may include inaccuracies or typographical errors, and, to the fullest extent permitted by applicable laws, we specifically disclaim any liability for such inaccuracies or errors. Changes are periodically made to the information and Content posted on the Site or linked websites, and we may make improvements or changes to the Site, including all Content at any time.
8. Indemnity
- You hereby agree to defend, indemnify and hold harmless Reset and its directors, officers, employees, agents, successors, administrators and assigns (the “Indemnified Parties“) from and against all liabilities, claims, actions, causes of action, costs and expenses (including legal expenses on a full indemnity basis and any other fees and expenses incurred for investigating or defending any action or threatened action, as well as settlement costs) which any of the Indemnified Parties may suffer or incur in connection with any claim arising out of or resulting from:
- Your violation of any of these Terms of Use;
- Your use or misuse of the Site, including its Content;
- Your use or misuse of any linked websites; and,
- Your violation of any law or third party rights.
- Without derogating from or excusing your obligations under this section we reserve the right (at your expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you even if you choose to defend or settle it. You agree not to settle any matter that is subject to an indemnification by you without first obtaining our express approval.
9. General
- These terms are dated May 16, 2022. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms of Use from time to time. Updates to our Terms of Use will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms of Use from time to time to verify such variations.
- Unless otherwise expressly stated in these Terms of Use, all notices from you to us must be in writing and sent to us using our Contact Information provided above, and all notices from us to you will be displayed on our Site from to time.
- We shall have no liability to you for any breach of these Terms of Use caused by any force majeure event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
- If any part of these Terms of Use is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms of Use will not be affected.
- These Terms of Use (together with the Privacy Policy and, should you choose to purchase any Products or Services from the Site, those Purchase Terms and Conditions) contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
- You may not assign, sublicense or otherwise transfer any of your rights and obligations in these terms to any other person.
- These Terms of Use shall be construed in accordance with and governed by the laws of the Province of Alberta and the laws of Canada. Any legal proceedings in any way related to the site Reset shall be filed only in the Province of Alberta and heard in the appropriate court in Edmonton, Alberta.
- The failure or delay by Reset to enforce or insist upon strict performance of any provision included in these Terms of Use does not constitute a waiver of such rights or in any way affect the enforceability of these Terms of Use (and any of provisions contained herein) or deprive Reset of the right, at any time or from time to time, to enforce or insist upon strict performance of any provision provided herein. Any waiver by Reset of any provision herein is effective only if in writing and signed by a duly authorized representative of Reset.
- You acknowledge that Reset may commence an action against you in order to enforce these Terms of Use, and that we may seek damages and/or equitable relief against you for any breaches of these Terms of Use.