Legal
Disclaimer
The content and functionality on this site is provided with the understanding that Otira Inc is not herein engaged in rendering professional advice or services to you, no site content is intended to serve or shall be deemed regulated advice, and you shall remain responsible for your use of all site content and that any reliance on site content is at your sole discretion and risk.
All content and functionality on the site is provided AS IS, without warranty of any kind, either express or implied.
The information contained on this site was correct at the time it was posted. Be aware that it is possible there may have been subsequent changes, which make the information outdated at the time you are accessing it.
Links to third-party websites are provided on this website. These sites are not under the authority of Otira Inc. The information contained in linked websites is not guaranteed as to accuracy or timeliness by Otira Inc and is provided for convenience only.
Some information on Otira Inc’s website may have been provided by outside sources. Otira Inc accepts no responsibility for the accuracy and reliability of outside material.
Usage of this site is at the user’s own risk. Otira Inc does not guarantee that viruses or other harmful items do not exist on the site or on the server that makes it available.
Privacy Policy
Otira Inc. (the “Company”) respects your (“You” and “Your”) privacy. This Privacy Policy describes how the Company collects, uses, maintains, discloses, and protects Personal Information (defined below), as well as the rights and choices You have regarding Your Personal Information, including how You can access and update Your Personal Information. This Privacy Policy was last amended January 14, 2022. “Personal Information” is information that identifies You or could be combined by the Company or the Company’s services providers or affiliates with other information to identify You.
By accessing or using the Company’s website located at www.otira.ca (the “Website”) or any content on or through the Website, You signify Your consent to the terms of this Privacy Policy and Your intent to be legally bound by them. If You do not agree with any terms of this Privacy Policy, please do not access or use the Website or any content on or through the Website, or otherwise submit any Personal Information to the Company.
TYPES OF PERSONAL INFORMATION COLLECTED
The Personal Information the Company collects about You will depend on the manner in which You access or use the Website or any content on or through the Website and may include:
- Your name, age, or contact information, such as Your mailing address, telephone number, or email address, or other similar information associated with You;
- Your location, time-zone setting, network information, device type, browser type and version, browser plug-in types and version, operating system and platform, language, standard web log data, and IP address used to connect Your computer to the Internet or other similar identifier, or the equipment You use to access or use the Website and usage details;
- data on the pages, services, or content You access or use on or through the Website, including the amount of time You spend on certain pages, products or services You viewed or searched for, clickstreams to, through, and from the Website, page response times, downloads and download errors, page interactions, or methods used to browse away from the Website;
- billing or account information, if applicable; and
- any other Personal Information that You choose to submit to us.
The Website and any content provided on or through the Website is not directed to any person who is not the legal age of majority under applicable law. The Company will not knowingly collect Personal Information from any person who is not the legal age of majority under applicable law.
METHODS FOR COLLECTING PERSONAL INFORMATION
The Company takes steps to ensure that any Personal Information we collect about You is adequate for, relevant to, and not excessive for the uses of such Personal Information, as described by this Privacy Policy.
Information Provided to the Company by You
Personal Information the Company collects from You on or through the Website and as a result of Your access to or use of the Website or any content on or through the Website may include Personal Information You provide the Company directly, for example by:
- submitting, posting, publishing, displaying, or otherwise transmitting user generated content;
- filling in forms, making search queries, or corresponding with the Company on or through the Website, or otherwise communicating with the Company by any means including by phone, email, or other electronic messaging; or
- if applicable or available through or on the Website: creating or registering for an account; subscribing, purchasing, or requesting information on a service or product; entering a contest or promotion; or otherwise engaging with the Company through interaction points that might exist from time-to-time between You and the Company.
Information Collected by the Company Through Technological Means
The Company may also use cookies or other technological collection methods to collect information, some of which may be Personal Information, about:
- the device or equipment You use, including information about Your computer or mobile device, internet connection, IP address, operating system, and browser type; or
- Your browsing activities and patterns, including information about Your visits to the Website such as traffic data, location data, logs, and other similar communication data.
This information helps the Company improve the Website and the content available on or through the Website and otherwise improve the services of the Company by:
- helping the Company understand audience sizes and usage patterns on the Website;
- allowing the Company to tailor the Website to Your preferences and interests; and recognizing You when You visit the Website multiple times.
The technologies used by the Company to automatically collect the information described above may include cookies, which are small files placed on the hard drive of Your computer. You can turn off cookies using Your internet browser but doing so may limit or remove certain parts of the Website, certain content on the Website, or the functionality of the Website.
Third-Party Features
The Website may include, integrate, or rely on links, plug-ins, services, social networks, content, or applications of third parties. Your access or use of such links, plug-ins, services, social networks, content, or applications may allow the third-party provider to collect or share information about You, some of which may be Personal Information. The Company does not control such third parties’ use of cookies or similar technologies – if You would like to know more about how these third parties use such technologies, You should contact the responsible provider directly. The Company does not accept any responsibility or liability for the privacy policies of any such third parties or their compliance or non-compliance with such privacy policies.
USING AND DISCLOSING PERSONAL INFORMATION
Use of Personal Information by the Company
The Company collects Personal Information to provide You with a secure, smooth, efficient, and customized experience through or on the Website or any content on the Website. The Company may use Your Personal Information to:
- provide You with content, services, or products on or though the Website;
- customize, measure, and improve the Website or content provided on or through the Website, or otherwise analyze or manage the Company’s business operations or Website performance;
- prevent prohibited or illegal activities, loss, or fraud, enforce the Company’s Terms of Use, or otherwise protect the security or integrity of the Website or the Company’s business;
- deliver targeted marketing, service update notices, or promotional offers based on Your communication preferences;
- send You things in the mail or through other channels, such as products or services that You have requested; register You for, or authenticate You when You sign into, an account or online services or when You purchase a product or service, or to provide You with notices about such accounts, subscriptions, or purchases;
- provide You notice about changes to the Website, this Privacy Policy, or the Company’s Terms of Use;
- otherwise fulfill the purposes for which You have provided Personal Information or that were described when such Personal Information was collected; or
- carry out other purposes that are disclosed to You and to which You consent, or which are otherwise permitted or required by law.
The Company may combine all the Personal Information the Company collects, including Yours, in order to analyze and understand aggregate trends.
Third-Party Transfers
The Company may transfer Your Personal Information to third parties that assist the Company with the use of Personal Information described in “Use of Personal Information by the Company”, above. Such third parties may combine Personal Information provided by the Company with other information that they have independently collected from or about You. Some third parties may be located outside of Canada and may accordingly be subject to laws that are different from those in Canada.
The Company requires that all third parties receiving Personal Information from the Company use the same standards as the Company in using, maintaining, disclosing, and protecting such Personal Information.
The Company may share or sell aggregated, non-personally-identifiable information to third parties. For clarity, the Company does not sell Personal Information. The Company may also share aggregated, non-personally-identifiable information publicly to show trends about the general use of the Website, or any content, services, or products provided on or through the Website.
Other Disclosures of Personal Information
The Company may disclose Your Personal Information if necessary to collect a debt from You or where the Company has reason to believe that such Personal Information is relevant to the investigation or decision to investigate a breach of the laws of Canada, a province or territory of Canada, or a foreign jurisdiction, and the Company is legally permitted or required to do so, or to otherwise comply with any court order, law, or legal process, including in response to any government or regulatory request or process, in accordance with applicable law. The Company may also disclose Your Personal Information, if necessary, to enforce this Privacy Policy or the Company’s Terms of Use, or if the disclosure is necessary to protect the rights, property, or safety of the Company, the Website, users of the Website, or third parties.
The Company may transfer information about You, including Personal Information, in connection with a merger or sale (including any transfers made as part of an insolvency of bankruptcy proceedings) involving all or part of the Company’s business or as part of a corporate reorganization or stock sale or other changes in corporate control.
ACCESS AND CORRECTION
You have the right to access Your Personal Information and to request a correction to Your Personal Information if You believe it is inaccurate. If You would like to access Your Personal Information, or have Your Personal Information corrected or deleted, please contact the Company in the manner set out by this Privacy Policy. The Company may charge You a fee to access Your Personal Information and will notify You in advance of any such fee. The Company will provide You with access to Your Personal Information in accordance with applicable privacy legislation, and may decline to provide You access to Your Personal Information on the basis that such Personal Information is:
- protected by solicitor-client privilege; or
- part of a legal proceeding, government or regulatory investigation or process, or otherwise part of a formal dispute resolution process.
Where the Company is unable to provide You with access to Your Personal Information, reasons will be provided subject to any legal or regulatory restriction.
You may have the right to withdraw the consent You have provided under this Privacy Policy in certain circumstances. To withdraw Your consent, if applicable, please contact the Company in the manner set out by this Privacy Policy.
DATA SECURITY
The security of Your Personal Information is important to the Company. The Company protects Your Personal Information by maintaining physical, organizational, and technological safeguards against unauthorized access, unauthorized disclosure, theft, or misuse appropriate to the sensitivity of such Personal Information. Personal Information collected by the Company may only be accessed by persons within the Company who require access to provide You with access to, use of, or content, services, or products provided on or through the Website. The Personal Information the Company collects is maintained at its registered office in Alberta and in AWS servers.
Although the Company takes measures to protect against data breaches and unauthorized access to Your Personal Information, no company can completely mitigate the risks of such breaches or unauthorized access and no website is fully secure. The Company cannot guarantee that hacking, data loss, breaches, or other unsanctioned access of the Company’s security systems will never occur. Accordingly, You should not submit or otherwise provide Personal Information to the Company by any means if You consider that Personal Information to be sensitive.
Except as otherwise permitted or required by applicable law or regulation, the Company retains Personal Information only for as long as necessary for the purposes for which such Personal Information was collected. The Company reserves the right to use anonymous and de-identified information, including anonymized or otherwise de-identified Personal Information, for any legitimate business purpose without further notice to You and without Your Consent.
CHANGES TO THE PRIVACY POLICY
The Company reserves the right to amend this Privacy Policy for any or no reason, at any time, and from time to time in accordance with the terms of this Privacy Policy. The Company will reflect any such amendments on the Website. Your continued access to or use of the Website or any content on or though the Website after any such amendment constitutes Your acceptance of the Privacy Policy as then amended. The Company includes the date this Privacy Policy was last amended at the top of this page.
CONTACT INFORMATION AND CHALLENGING COMPLIANCE
The Company has appointed a privacy officer responsible for ensuring compliance with this Privacy Policy. If You have any questions regarding this Privacy Policy or Your Personal Information, please contact the lori@otira.ca.
Online Course & Training Terms & Disclaimer
Purchasing online course, training, and training material from Otira Inc grants you a nonexclusive, non-transferable, revocable license to access and use our copyrighted materials and/or documentation.
Our online course, training, and training material is protected under Canadian, United States, and foreign copyrights. The copying, redistribution, use, or publication by you of any of the content within our online course, training, and training material is strictly prohibited. Your purchase of our online course, training, and training materials does not grant you any ownership rights to our online course, training, and training materials. Any breach in the terms of this agreement may result in termination of your access to the online course, training, and training materials.
Our online course, training, and training materials may contain references or links to materials from third parties. Reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof or any affiliation with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Our online course, training, and training materials are intended solely for Users who are at least 18 years of age or older. Any use of or access to our online course, training, and training material by anyone under such, is unauthorized, unlicensed and in violation of these Terms of Use. By purchasing our online course, training, and training materials, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Otira Inc. has sole right and discretion to determine whether to sell any product or services to any individual and may reject a purchase by any individual with or without explanation.
We will respond quickly to claims of copyright infringement as found in our online course, training, and training material according to the terms of the Under section 41.23 of the Canadian Copyright Act. If you believe any copyrights are infringed by our online course, training, and training materials please provide us with a written notice via mail or email that contains the following information:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on our Website or course delivery method;
(4) Your address, telephone number, and email address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on our Website or course delivery method;
(4) Your address, telephone number, and email address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify you by the method of contact you used to file your notice with us.
When you complete the purchase process, you may receive or be required to create a password that will allow you to access our Content. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security.
THE CONTENT PROVIDED IN OUR E-COURSE/COURSE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OTIRA INC., INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT. OTIRA INC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR CONTENT. OTIRA INC. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. IN NO EVENT WILL OTIRA INC, IT’S, EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THIS CONTENT WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OTIRA INC.’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE CONTENT WE PROVIDE PRIOR TO THE EVENT(S) GIVING RISE TO LIABILITY.
This Terms of Service Agreement shall be governed and construed in accordance with applicable Canadian federal law and the substantive laws of Alberta without giving effect to the principles of conflict of laws. Any cause of action by you with respect to our Website, Materials, or Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. Our courses are hosted and accessed through thirdparty . They provide us with the online e-commerce platform that allows us to sell our products and services to you. Accessing our courses means you consent to to their respective terms of service.
Terms of Service
OVERVIEW
This website is operated by Otira Inc. Throughout the site, the terms “we”, “us” and “our” refer to Otira Inc. Otira Inc offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Otira Inc, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Otira Inc and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Cochrane, AB, T4C0P8, Canada.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at lori@otira.ca.
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Otira
Contact us for a mailing address.
(587) 437-9795
contact@otira.ca