Website Legal Disclaimer: www.hellodesign.ca
www.hellodesign.ca is not a lawyer or law firm and does not employ any lawyers or legal counsel of any type. This website is for informational purposes only and does not give legal advice or substitute for consulting an attorney. Nothing contained herein shall constitute the giving of advice or the rendering of any service requiring the use of legal skill or knowledge, including but not limited to the preparation of any contract or other instrument, the legal effect of which under the facts and conclusions involved must be carefully determined. Transmission of any information by and/or through www.hellodesign.ca is not intended to create and receipt thereof does not create an attorney-client relationship. www.hellodesign.ca makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website and its associated sites. Because legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, www.hellodesign.ca recommends that all Members and/or Visitors discuss their particular situation with an attorney.
LIQUIDATED DAMAGES / LIMIT OF LIABILITY
Under no circumstances shall www.hellodesign.ca be liable to any [Purchaser/Visitor/Member] on account that [Purchaser’s/Visitor’s/Member’s] use or misuse of or reliance on the [product/information/service] provided by and/or through www.hellodesign.ca. In no event shall [Purchaser/Visitor/Member] recover more than the amount paid by [Purchaser/Visitor/Member] for the [product/information/service] purchased from and/or through www.hellodesign.ca.
www.hellodesign.ca assumes no liability for the information, services, and/or products provided by and/or through www.hellodesign.ca. Any information contained in www.hellodesign.ca, any products purchased from and/or through www.hellodesign.ca, and any information contained in or a part of any products purchased from and/or through www.hellodesign.ca is provided "AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
CHOICE OF LAW, MEDIATION, VENUE
Any dispute arising out of, in connection with, or in relation to the information, services, and/or products provided by and/or through www.hellodesign.ca shall be governed by and construed in accordance with the substantive laws of the Province of Ontario and the laws of the Canada applicable to transactions within the Province of Ontario. Any purchase made from and/or through www.hellodesign.ca shall constitute an agreement (the “Agreement”) performable in Northumberland County, Ontario, Canada. Prior to instituting any legal action in any court of law arising out of, in connection with, or in relation to the interpretation, performance, or breach of the Agreement, [Purchaser/Visitor/Member] and www.hellodesign.ca expressly agree that any such dispute shall first be subject to non-binding mediation conducted by a dispute resolution service acceptable to both parties. [Purchaser/Visitor/Member] and www.hellodesign.ca shall bear the cost of said mediation equally. [Purchaser/Visitor/Member] and www.hellodesign.ca may institute legal action arising out of, in connection with, or in relation to the interpretation, performance, or breach of the Agreement only after participating in said mediation. Following the requisite mediation, any legal action arising out of, in connection with, or in relation to the information, services, and/or products provided by or through www.hellodesign.ca shall be brought exclusively in a Province of Ontario court in Northumberland County, Ontario, Canada. The information, services, and/or products provided by and/or through www.hellodesign.ca shall be deemed made and performable in Northumberland County.
To the fullest extent permitted by law, [Purchaser/Visitor/Member] shall RELEASE, INDEMNIFY, DEFEND, and HOLD HARMLESS www.hellodesign.ca from and against, and assume responsibility for, any and all claims, damages, losses, fines, civil penalties, liabilities, judgments, costs and expenses of any kind or nature whatsoever (including but not limited to interest, court costs and attorney’s fees) arising out of, in connection with, or in relation to the information, services, and/or products provided by and/or through www.hellodesign.ca to [Purchaser/Visitor/Member] or any intended third-party beneficiaries of [Purchaser/Visitor/Member], regardless of whether or not the damage, loss or injury complained of arises out of or relates to the negligence (whether active, passive or otherwise) of, or was caused in part by, www.hellodesign.ca.