By using Garibaldi Tree’s website, you are agreeing to be bound by these terms.
This website is owned and operated by Garibaldi Tree & Landscape Ltd. Please read these Terms and Conditions and our Privacy Policy (expressively incorporated herein as the “Terms”) fully and carefully before using garibalditree.ca, as they contain important information about your legal rights and obligations, including limitations of your rights and exclusions that may apply to you. These Terms set forth legally binding terms and conditions for the use of garibalditree.ca. If you do not agree to these Terms, please do not use the site.
By accessing garibalditree.ca, you are agreeing to be bound by these Terms, and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
Garibaldi Tree refers to Garibaldi Tree & Landscape Ltd. and is referred to herein as “Garibaldi Tree”, “we”, or “our”.
“Content” means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site. We own all rights to the Content, including all associated intellectual property rights, unless stated otherwise.
“Site” means the website garibalditree.ca, including all subdomains and subparts.
“Terms” refers to the terms and conditions of these Terms and Conditions, along with our Privacy Policy.
“User” means any visitor to the Site, regardless of whether the visitor intends to purchase any services from Garibaldi Tree, and is referred to herein as “User” or “you.”
You may use the Site only if you are sixteen (16) years or older (or the applicable age of majority in your jurisdiction, if greater than sixteen (16) years of age) and capable of forming a binding contract with us and are not barred from using the Site under any applicable law. As long as you comply with these Terms, you may view and use our Site for your personal, non-commercial purposes. No other use of the Site is authorized.
These Terms and any action or proceeding relating thereto will be governed by the laws of British Columbia, Canada. If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms.
We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms. You can determine when these Terms were last revised by referring to the “Last updated” notice at the top of these Terms.
Users of the Site should refer to our Privacy Policy (as may be updated from time to time) for information about how we use and collect information, which may be accessed by clicking on the following link: garibalditree.ca/privacy-policy. You agree that we may collect, use, retain, and disclose your personal information to the extent permissible by law and as described in our Privacy Policy and that our Privacy Policy will govern our collection and use of your personal information.
Our Site is controlled, operated, and administered from our offices in British Columbia, Canada. We make no representation that Content on the Site is appropriate or available for use at other locations outside of Canada, and access to it is prohibited from territories where the Content or services available through the Site are illegal. If you access the Site from a location outside of Canada, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable.
You must only use this Site for lawful purposes, and you must not use it in any way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not, without our written consent: (i) copy, reproduce, use, or otherwise deal with any Content on the Site; (ii) modify, distribute, or re-post any Content on the Site for any purpose; or (iii) use the Content of the Site for any commercial exploitation whatsoever.
In using the Site, you further agree not to do any of the following:
a. submit, or otherwise transmit any Content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; (ii) is knowingly false, fraudulent, misleading, or deceptive; (iii) is defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually-oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law; or (iv) promotes illegal or harmful activities or substances;
b. disrupt or interfere with the security of, or otherwise abuse, the Site or any service, systems resource, account, server, or network connected to or accessible through the Site;
c. disrupt or interfere with any other User’s enjoyment of the Site;
d. submit or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
e. use, frame, or utilize framing techniques to enclose our trademark, logo, or other proprietary information (including, but not limited to, images found on the Site, Content, any text, or the layout/design of any page or form contained on a page) without our express written consent;
f. use meta tags or other “hidden text” utilizing our name or Content without our express written consent;
g. attempt to obtain unauthorized access to the Site or portions of it that are restricted from general access; and
h. encourage or enable another User or individual to do any of the foregoing prohibited activities.
By accessing or using this Site you agree to comply with all applicable local, national, and international laws and regulations relating to your use of or activities on the Site.
If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the Site. Failure to use the Site in accordance with these Terms may subject you to civil or criminal penalties.
You acknowledge and agree that by accessing or using the Site, and/or downloading any content from or on the Site, you have read, understand, and agree to be bound by these terms. If you do not agree to these terms, you have no right to access or use the site. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these terms and, in such event, “you” or “your” will refer and apply to that company or other legal entity.
You will defend, indemnify, and hold harmless Garibaldi Tree, our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees, that arise from or relate to: (i) your access to or use of the Site or Content; (ii) violation of any applicable law that protects Garibaldi Tree or our legal rights or those of any third party that your actions have damaged; (iii) your violation of these Terms or any applicable law, including, but not limited to, infringement by you of any intellectual property rights owned by Garibaldi Tree or any third party; and (iv) any and all activities that occur under or in connection with your personal information. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Garibaldi Tree in asserting any available defences. You agree to be responsible for all such damages, claims, or losses to the fullest extent permitted by law, even if they are caused by our active or passive negligence, even if we are advised of the possibility of such damages, claims, or losses, and even if they are reasonably foreseeable.
The Site, including all of the Content, is the sole and exclusive property of Garibaldi Tree and is protected by law. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner.
You may not, without our express written permission or that of the respective copyright owner: (i) copy, upload, publish, post, submit, or transmit any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other proprietary notices contained in the materials. You also may not: (i) sell, resell, or make commercial use of the Site, its Content, services, or products obtained through the Site; (ii) collect or use any product listings or descriptions; or (iii) make derivative uses of the Site or its Content.
Garibaldi Tree is not responsible for links to other websites. The inclusion of any link does not imply endorsement by Garibaldi Tree of the site. Use of any such linked website is at the user’s own risk.
If you wish to pay your invoices through the Site (each such payment, a “Transaction”), you may be asked to supply certain information relevant to your transaction including, without limitation, your name, your credit card number, the expiration date of your credit card, and your billing address. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant Garibaldi Tree the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
We reserve the right, with or without prior notice, to bar any User from making or completing any or all transaction(s) and refuse to provide any User with any service. You agree to pay all charges that may be incurred by you or on your behalf through the site, including any taxes that may apply to your transactions.
We make no warranties as to our services. You agree that services are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim 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 services will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website, or content is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our services or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
To the extent permitted by law, you agree that neither Garibaldi Tree, our affiliates, or any other party involved in creating, producing, or delivering services or Content on the Site will be liable for any claims, losses, or damages (including, without limitation, compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused or under any theory of liability – even our own active or passive negligence – arising in connection with: (i) the Site; (ii) the use or inability to use the Site; (iii) the use of or reliance on any content or information displayed in or on the Site; (iv) the purchase or use of any services through the Site or otherwise; (v) unauthorized access to or alteration or loss of your transmissions of data or other information that is sent to or received by the Site; (vi) errors, system down time, network or system outages, file corruption, or service interruptions; or (vii) otherwise under these terms, whether or not reasonably foreseeable, even if we or our representatives are advised of the possibility of such damages, claims, or losses, and notwithstanding any failure of essential purpose of any limited remedy. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and Garibaldi Tree. Access to the Site would not be provided to you without such limitations.
We will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control, including, without limitation, internet outages, communications outages, fire, flood, or war.
Notwithstanding anything to the contrary in these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block and prevent future access to and use of the Site. You agree that we will not be liable for any termination of your use of or access to the Site.
These Terms constitute the entire and exclusive understanding and agreement between Garibladi Tree and you regarding the Site, Content, and services that may be provided on the Site, and these Terms supersede and replace all prior oral or written understandings or agreements between you and Garibaldi Tree regarding the Content and services provided on the Site. If, for any reason, any provision of these Terms is deemed to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Garibaldi Tree, and you do not have any authority to create any obligation on our behalf.
If you have any questions, concerns or complaints about these Terms, please contact the owner of Garibaldi Tree & Landscape Ltd., and garibalditree.ca:
We take all complaints seriously and will respond to your complaint within a reasonable period.
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Garibaldi Tree is a well-established tree company servicing Whistler and Pemberton. We provide professional tree services and consulting.
Garibaldi Tree is an established tree company providing Whistler and Pemberton with tree services and consulting.
