THIS PREMIUM BUSINESS LISTING TERMS OF SERVICE CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
This Premium Business Listing Terms of Service Policy (the “Terms of Service”) applies to the purchase of a premium business listing (the “Services”) through our website www.lajolla.ca (the “Site”). The Site is owned and operated by PROVISIONS CONSULTING INC. (which these policies refer to as “Company”, “we,” “us” or “our”). These Terms of Service govern and apply to all persons who purchase, access or use (referred to as “User,” “you” or “your”) the Services. You should review these Terms of Service before purchasing or using the Services.
These Terms of Service are an integral part of the Terms that apply generally to the use of our Services. Please read our Terms and Conditions and Privacy Policy before placing any orders for the Services. By purchasing the Services, you acknowledge that you have read the following Terms of Service, our Terms and Conditions and Privacy Policy (collectively the “Terms”), that you understand them, and agree to be bound and abide by them. If you do not agree to all of the Terms, you must not access, use or purchase, the Services.
Changes to Terms of Service: We may revise and update these Terms of Service from time to time in our sole discretion and without prior notice. Any changes to the Terms of Service will be in effect as of the “Last Modified” date referenced above and on the Services.
1. Premium Business Listing
Subject to these Terms of Service, the purchase of the Services through the Site shall include the following services:
Additionally, you shall have access to a personalized dashboard that has the following features that shall allow you to:
2. PRELIMINARY NOTICES & DISCLAIMERS
YOU MUST BE AT LEAST 18 YEARS OF AGE OR OLDER, TO PURCHASE OR USE THE SERVICES. BY PURCHASING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, ARE EITHER OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, OR HAVE CONSENT FROM A PARENT OR GUARDIAN TO ENTER INTO THIS AGREEMENT, AND THAT YOU (OR YOUR PARENT OR GUARDIAN) ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE.
IF YOU ALLOW ANY MINORS UNDER THE AGE OF 18 TO PURCHASE OR USE THE SERVICES, YOU HEREBY AFFIRM THAT YOU SHALL BE SOLELY RESPONSIBLE FOR THEIR USES OF THE SERVICES, AND YOU (OR YOUR PARENT OR GUARDIAN AS APPLICABLE) SHALL INDEMNIFY US AGAINST ANY LOSSES, CLAIMS OR DAMAGES THAT MAY RESULT. IF YOU PURCHASE OR USE THE SERVICES ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HEREBY AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS OF SERVICE.
YOU MAY NOT PURCHASE OR USE THE SERVICES IF YOU: (A) DO NOT AGREE TO THESE TERMS OF SERVICE; (B) ARE NOT AT LEAST 18 YEARS OF AGE; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES BY APPLICABLE LAW.
3. ORDERS & PAYMENTS
Acceptance of Orders: You agree that any order made through the Site is an offer to buy the Services listed in your order. All orders must first be accepted by us before we are obligated to sell the Services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number or details. When purchasing the Services, we may present you with additional terms and conditions for the Services, which if provided, shall be incorporated into these Terms of Service. If there is a conflict between such additional terms and these Terms of Service, the additional terms will govern.
Pricing Terms: All prices and promotions posted through the Site are subject to change without notice. The prices charged for the Services will be the price in effect at the time the order is placed, which will be set out in your order confirmation email. Posted prices do not include taxes or other processing fees. All such taxes and fees will be added to your order total, and will be itemized in your account and confirmation email. We strive to display accurate pricing, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Promotions: From time to time, we may offer promotions or discounts through the Site that affect the pricing of the Services, and that are governed by terms and conditions separate from these Terms of Service. If there is a conflict between the terms for a promotion or discount and these Term s of Service, the promotional terms will govern.
Payment Terms: Terms of payment are within our sole discretion, and payment must be received by us before our acceptance of an order. We accept most major credit and debit cards for purchases. You represent and warrant that: (a) all payment information you supply to us is true, correct and complete; (b) you are duly authorized to use such payment method for the purchase; (c) charges incurred by you will be honored by your credit card company or bank; and (d) you will pay charges incurred by you at the posted prices, including applicable taxes, if any, regardless of the amount quoted through the Site at the time of your order.
Privacy Policy: All information you submit in connection with any orders or purchases placed through the Site, including but not limited to the personal information provided by you when purchasing the Services , is subject to and governed by our Privacy Policy. By placing any orders or purchases through the Site, you agree to be bound by the Privacy Policy, and consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Please read our Privacy Policy before purchasing the Services through the Site .
4. SUBSCRIPTIONS & CANCELLATIONS
Subscriptions: The Services are offered through the Site on a subscription basis. The pricing and features you receive will depend on the specific Services plan you sign up for. Payments for the Services are billed in advance prior to the start of the month or year in which the Services are to be used. When you sign up for the Services you will provide a credit card or other valid payment method which we will charge on a recurring basis, according to your Services plan. You agree to timely pay all fees associated with your plan and account, and to maintain an accurate and valid payment method on file for your account, to pay all such ongoing fees. Unless otherwise stated in these Terms of Service, all payments are non-refundable.
Accounts & Users: Subject to these Terms of Service, you shall be able to use the Services and configure your accounts in accordance with your specific Services plan. Each user must be identified by a unique email address and username. You may also appoint a specific user to act as your account administrator (the “Administrator”).
Authorization: By registering for the Services, you authorize us to charge your provided payment method on a recurring basis, according to your Services plan, in the amounts of: (a) Services fees; (b) applicable taxes; (c) and any other charges incurred through your account or by any of your authorized users. These charges will continue until Services are cancelled (below).
Cancellation: You may cancel your subscription to the Services by providing thirty (30) days written notice to us of your intention to terminate at hello@lajolla.ca. If you have a monthly subscription, your access to the Services shall terminate on the last date of the current monthly billing term. If you have a yearly subscription, your access to the Services will terminate at the end of the last month of the year-term. Please note that all payments are non-refundable and there are no refunds for any partial month or year subscription periods.
Invoices: We may, but are not required to, provide invoices for any amounts due during any applicable billing period. We reserve the right to correct any errors, inaccuracies, or omissions at any time which may have occurred in any such invoices. If you dispute any amounts stated in an invoice, or payment charge, you must notify us in writing within 30 days of the date of the invoice, or payment charge. If you do not provide us with any such notice within 30 days, you will be deemed to have accepted such charges.
Late Payments & Costs of Collection: If we do not receive timely payment for any applicable billing period, through your provided payment method or otherwise, your account will be subject to the following penalties: You shall pay interest on the past due amounts at the rate of five percent (5%) per annum, or the highest rate permitted by applicable law, whichever is less. Additionally, we reserve the right to immediately terminate or suspend your access to the Services, downgrade your account to a different billing structure, and demand payment within a certain timeframe. If our payment processor is unable to process your annual or monthly payment, your account and Services shall be immediately terminated. Further, you shall reimburse us for all out-of-pocket costs and expenses (including reasonable attorneys’ fees), plus all other reasonable expenses and costs of collection, we incur in attempting to recover any such fees from you. Termination of your account and Services does not automatically imply termination of these Terms of Service, and fees may continue to accrue on any amount that is owed.
5. BUSINESS ACCOUNTS
If you are using a business account as an employee or agent on behalf of a company, you acknowledge that we may disclose your access information or account data to: (a) the specific user listed in the registration data as the Administrator for your account, and (b) such specific user who may be designated by you as a replacement Administrator. The Business Account data will be accessible to anybody else that the Administrator designates, subject to the access privileges you or the Administrator granted them.
6. LIMITATION ON LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS OF SERVICE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES ORDERED THROUGH OUR SITE. THIS LIMITATION OF LIABILITY SHALL ONLY APPLY TO THE EXTENT PERMITTED BY LAW.
7. ADDITIONAL TERMS & POLICIES
For additional terms relating to the Services, including terms relating to product and service warranties, limitations on liability and governing laws please refer to Sections 5 – 7 of our Terms and Conditions.
For further details regarding the types of information we gather through the Site and how that information is used, please refer to our Privacy Policy.
By clicking “I Agree”, below, you represent and warrant that you have read these Terms of Service, have had the opportunity to discuss them with an attorney, and agree to the terms within.
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