These Terms and Conditions are effective as of October 1, 2022.

By using the DARKLING ACRES website, you agree to be bound by these Terms and Conditions and any amendments made to them from time to time.

1. Copyright and use of materials

All content on the DARKLING ACRES website is protected by copyright and is the property of DARKLING ACRES. Nothing on this website may be, in whole or in part, sold or otherwise transmitted in any form or by any means for commercial purposes.

2. Disclaimers

Accuracy, completeness, and timeliness of information

DARKLING ACRES website content is provided for general information only and should not be relied upon or used as the sole basis for making decisions. If you need advice about a specific situation or problem, you should consult an expert in the field. DARKLING ACRES makes no warranty as to the accuracy, validity, timeliness, or completeness of any information on this website. Information on this website may be changed or updated at any time without notice. It is your responsibility to check our website periodically for changes and updates. Your continued use of or access to our website following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. The date on each page shows when the content was last reviewed. While we make every effort to ensure that the content is accurate and up-to-date, laws, regulations and our policies may change from time to time.

3. Warranty disclaimer

Information on this website is provided “as is” without expressed or implied warranty of any kind. DARKLING ACRES assumes no liability for any damages whatsoever, arising out of or in connection with this website, the inability to use this website, or the reliance upon of any information contained in this website. We do not guarantee that your use of our website will be uninterrupted or error-free.

4. Modifications to products and prices

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue some products without notice at any time. We will not be liable to you for any modification, price change, suspension, or discontinuance of some products.

5. Privacy

Please see our Privacy Statement.

6. Registration and Password

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

7. Social Media

We use social media channels, such as Facebook, to promote the content of DARKLING ACRES. We monitor comments and postings during regular business hours and reserve the right to delete any that we deem offensive in any way or promote other services. If there are violations, we reserve the right to block or ban users. Comments posted on DARKLING ACRES social media channels do not reflect the opinions of DARKLING ACRES.

8. Your Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video, or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our website may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission.

You explicitly agree, in using this website or any service provided, that you shall not:

    provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national, or international law.

    impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you.

    collect or harvest any data about other users.

    provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent.

    provide any Content that may give rise to our civil or criminal liability, or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

9. Third Party Services

Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

10. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

11. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF

    THE USE OF OR THE INABILITY TO USE THE SERVICE,

    THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE,

    (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS,

    (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

12. Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.

13. Jurisdiction

This agreement between you, the user, and DARKLING ACRES, shall be governed by, and interpreted in accordance with, the laws of the province of Ontario and the laws of Canada applicable therein. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of Ontario in any proceeding related to this agreement.

14. YouTube Terms of Service

We adhere to the Terms of Service set out by YouTube.

15. Entire agreement

This agreement constitutes the entire agreement between you and DARKLING ACRES with respect to the use of the DARKLING ACRES website.

16. Reference

These terms and conditions were inspired by information published on the website of Steps to Justice, a project of Community Legal Education Ontario (CLEO) at https://www.cleo.on.ca/