Acceptance of Terms
By accessing or using the website zimnyaya-rybka.com (the "Site") or any services provided by OptiGrowth Consulting ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Site or services.
These Terms constitute a legally binding agreement between you and OptiGrowth Consulting regarding your use of the Site and services.
Changes to Terms
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Your continued use of the Site following the posting of revised Terms means you accept and agree to the changes. It is your responsibility to check this page periodically for changes.
Access and Use of the Site
User Eligibility
You must be at least 18 years old to use the Site and services. By using the Site, you represent and warrant that you meet this eligibility requirement.
Account Registration
Some features of the Site may require you to register an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
Prohibited Conduct
You agree not to:
- Use the Site or services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or services, or that could damage, disable, overburden, or impair the functioning of the Site or services;
- Use the Site or services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms or any applicable law or regulation;
- Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Site that you are not authorized to access;
- Use the Site or services to develop, or have developed, any competing product or service;
- Use any automated means or interface not provided by us to access the Site or services, or to extract data from the Site;
- Use the Site or services to send altered, deceptive, or false source-identifying information;
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site or services.
Intellectual Property and Content
Ownership
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 OptiGrowth Consulting, 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.
License to Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your personal or internal business purposes. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
Trademarks
The OptiGrowth name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of OptiGrowth Consulting or its affiliates or licensors. You may not use such marks without our prior written permission.
User Content
The Site may allow you to submit, post, upload, or otherwise make available content, such as comments, reviews, or other materials. By submitting content to the Site, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.
You represent and warrant that:
- You own or control all rights in and to the content you submit;
- The content is accurate and not misleading;
- The content does not violate these Terms, the rights of any third party, or any applicable law or regulation.
We have the right, but not the obligation, to monitor, edit, or remove any content submitted to the Site.
Services and Payments
Services Offered
OptiGrowth Consulting offers various business consulting services, which may be described on the Site. We reserve the right to modify, suspend, or discontinue any services at any time without notice.
Service Agreements
Certain services may require you to enter into a separate service agreement. Such agreements will govern your use of the specific services and, in the event of any conflict, will take precedence over these Terms with respect to those services.
Payments
For paid services, you agree to pay all fees and charges associated with your account on a timely basis and in accordance with the payment terms presented at the time of purchase. All payments are non-refundable unless otherwise specified in a separate service agreement.
Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OPTIGROWTH CONSULTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT WILL OPTIGROWTH CONSULTING, 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 OR SERVICES, 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.
Indemnification
You agree to indemnify, defend, and hold harmless OptiGrowth Consulting, its affiliates, and their respective officers, directors, employees, agents, and representatives 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 or services.
Termination
We may terminate or suspend your access to the Site and services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
Upon termination, your right to use the Site and services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law
These Terms and your use of the Site and services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.
Dispute Resolution
Any dispute arising from or relating to these Terms, the Site, or services shall be resolved by arbitration in Toronto, Ontario, in accordance with the rules of the ADR Institute of Canada. The arbitration shall be conducted in English by a single arbitrator.
Any claim arising out of or relating to these Terms or the Site or services must be commenced within one (1) year after the cause of action accrues. Otherwise, such claim is permanently barred.
Miscellaneous
Entire Agreement
These Terms constitute the entire agreement between you and OptiGrowth Consulting regarding your use of the Site and services, and supersede all prior and contemporaneous written or oral agreements between you and OptiGrowth Consulting.
Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or a waiver of any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability
If any provision of these Terms is held to be invalid or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be deemed severable and the remaining provisions of the Terms will remain in full force and effect.
Assignment
You may not assign these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms and any rights or obligations hereunder without your consent.
Contact Information
If you have any questions about these Terms, please contact us at:
OptiGrowth Consulting
450 King Street West
Toronto, ON M5V 1K4
Canada
Email: [email protected]
Phone: +1 (416) 555-0123