Website Terms of Service
OVERVIEW
This website, (the Service) is operated by Shobrook Gardens. Throughout the site, the terms, "Shobrook",
"we", "us", and "our(s)", refer to Shobrook Gardens. Shobrook Gardens 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.
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By visiting this site and/or retaining these services, you engage in this "website" 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, clients, and/or contributors of content.
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Please read these Terms of Service carefully before accessing or using this 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. These Terms of Service are not
considered an offer.
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Any new features or tools which are added to the current site 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. Shobrook reserves
the right to update, change or replace any part of these Terms of Service by posting updates and/or changes
to this 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.
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SECTION 1 - TERMS OF SERVICE OR WEBSITE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your
province, territory or state of residence.
You may not use this Service 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.
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SECTION 2 - GENERAL CONDITIONS
Shobrook Gardens reserves the right to reasonably refuse this Service to anyone for any reason at any time.
You understand that your content, 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.
You agree to not 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 Shobrook.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect
these Terms.
Any version of these Terms and Conditions of Service in a language other than English is provided for
convenience and both parties understand and agree that the English language will prevail in the event there is
any conflict.
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SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Shobrook is 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. Shobrook reserves the right to modify the contents of this site at any time,
but does not have an obligation to update any information on this site. You agree that it is your responsibility
to monitor changes to this site, and to contact Shobrook by the provided email, accessible from the Contact
menu if need be.
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SECTION 4 - MODIFICATIONS TO THE SERVICE OR PRODUCTS AND PRICES
Prices for these Services or Products are subject to change without notice. Shobrook reserves the right at any
time to modify or discontinue the Service or Product (or any part or content thereof) without notice at any
time. Shobrook shall not be liable to you, or to any third-party for any modification, price change, suspension
or discontinuance of the Service.
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SECTION 5 - SERVICES (if applicable)
Certain services may be available exclusively online through the website.
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SECTION 6 - OPTIONAL TOOLS
Shobrook may provide you with access to third-party tools which Shobrook will neither monitor nor have any
control nor input. You acknowledge and agree that Shobrook provides access to such tools "as is" and "as
available" without any warranties, representations or conditions of any kind and without any endorsement.
Shobrook 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). Shobrook may also, in the future, offer new services and/or features through
this website (including, the release of new tools and resources). Such new features and/or services shall also
be subject to these Terms of Service.
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SECTION 7 - THIRD-PARTY LINKS
Certain content, products and services available via this 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. Shobrook is
not responsible for examining or evaluating the content or accuracy and Shobrook does 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.
Shobrook is 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 shall be directed to the
third-party.
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SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at the request of Shobrook, you send certain specific submissions or without a request from Shobrook you
send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal
mail, or otherwise (collectively, 'comments'), you agree that Shobrook may, at any time, without restriction,
edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to
Shobrook, and Shobrook 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.
Shobrook, on a best efforts basis, has no obligation to, but will, monitor, edit or remove content that
Shobrook determine in our sole discretion are unlawful, offensive, threatening, libellous, 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 libellous 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 Shobrook or
third-parties as to the origin of any comments. You are solely responsible for any comments you make and
their accuracy. Shobrook will not take responsibility and assume no liability for any comments provided by
you or any third-party.
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SECTION 9 - PERSONAL INFORMATION
Your submission of personal information through this site is governed by the site Privacy Policy.
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SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on this site or in the Service that contains typographical errors,
inaccuracies or omissions. Shobrook reserves the right to correct any errors, inaccuracies or omissions, and to
change or update information if any information on any related website is inaccurate at any time without
prior notice.
Shobrook undertakes no obligation to update, amend or clarify information on any related website, 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.
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SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in these 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 Territorial regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate these 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.
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SECTION 12 - DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY;
Shobrook does not guarantee, represent or warrant that your use of this website will be uninterrupted,
timely, secure or error-free. Shobrook does not warrant that the results that may be obtained from the use of
the website will be accurate or reliable. You agree that from time to time Shobrook may remove the website
for indefinite periods of time or cancel the website 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 website and all services delivered to
you through the website are (except as expressly stated by Shobrook ) 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 fitness for a particular purpose, durability, title, and
non-infringement.
In no case shall Shobrook, the 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 this website, or for any other claim
related in any way to your use of the website, 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 website or any content
posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because
some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental
damages, in such jurisdictions, my liability shall be limited to the minimum extent permitted by law.
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SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Shobrook and the subsidiaries, affiliates, partners, officers,
directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable legal 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.
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SECTION 14 - SEVERABILITY
If any court of competent jurisdiction declares any provision of this Agreement invalid, void or unenforceable
in whole or in part, for any reason, it shall be deemed not to affect or impair the validity of the remainder of
this Agreement, which shall remain in full force and effect. To the extent that any court of competent
jurisdiction concludes that any provision of this Agreement is void or voidable, the court shall reform such
provision(s) to render the provision(s) enforceable, but only to the extent absolutely necessary to render the
provision(s) enforceable.
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SECTION 15 - ENTIRE AGREEMENT
The failure of Shobrook 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 on this site or in respect to the Service constitutes the entire agreement and understanding between
you and Shobrook and will govern your use of the website, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you and Shobrook (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.
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SECTION 16 - GOVERNING LAW
Attornment to Ontario:
This Agreement shall be governed by and construed in accordance with the laws of Ontario and the laws of
Canada where applicable. Any and all disputes arising under this Agreement, whether as to interpretation,
performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Province of
Ontario, the Region of Durham, Ontario, in the English language, and each of the parties hereto hereby
irrevocably attorns to the jurisdiction of the courts of Ontario.
SECTION 17 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to Shobrook via the email provided through the contact
tab, which is also accessible by the menu "Contact" button.
