Terms of Service

Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Jws Consultant & Design Ltd., part of the North Sea organization, concerning your access to and use of the www.jwsdesign.surf website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.

You agree that by accessing the website, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the website and you must discontinue use immediately.

Intellectual Property Rights

Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, foreign jurisdictions, and international conventions.

The content and graphics are provided on the website for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the website and no content or graphics may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

User Representations

By using the website, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update such registration information as necessary.
• You have the legal capacity and you agree to comply with these Terms of Service.
• You are not a minor in the jurisdiction in which you reside.
• You will not access the website through automated or non-human means, whether through a bot, script, or otherwise.
• You will not use the website for any illegal or unauthorized purpose.
• Your use of the website will not violate any applicable law or regulation.

Prohibited Activities

You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the website, you agree not to:

• Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Make any unauthorized use of the website, including collecting usernames and email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use a buying agent or purchasing agent to make purchases on the website.
• Use the website to advertise or offer to sell goods and services.
• Circumvent, disable, or otherwise interfere with security-related features of the website.
• Engage in unauthorized framing of or linking to the website.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website.
• Attempt to impersonate another user or person or use the username of another user.
• Sell or otherwise transfer your profile.
• Use any information obtained from the website in order to harass, abuse, or harm another person.
• Use the website as part of any effort to compete with us or otherwise use the website for any revenue-generating endeavor or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website.
• Attempt to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the website to you.
• Delete the copyright or other proprietary rights notice from any content.
• Copy or adapt the website software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party's uninterrupted use and enjoyment of the website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the website.
• Upload or transmit any material that acts as a passive or active information collection or transmission mechanism.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the website, or using or launching any unauthorized script or other software.
• Disparage, tarnish, or otherwise harm, in our opinion, us and the website.
• Use the website in a manner inconsistent with any applicable laws or regulations.

Services

We provide computer systems design and related services, including but not limited to computer integrated systems design, technical consulting, custom software development, scientific research and development, specialized design services, and support and maintenance. All services are subject to availability and we reserve the right to discontinue any service at any time.

Fees and Payment

We accept various forms of payment for our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

We reserve the right to change prices at any time. All payments shall be in Canadian dollars unless otherwise specified.

Cancellation and Refunds

All sales are final and no refund will be issued except as required by law or as specified in a separate service agreement. You may cancel your service subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

Limitation of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the website, breach of these Terms of Service, or violation of the rights of a third party.

User Data

We will maintain certain data that you transmit to the website for the purpose of managing the website, as well as data relating to your use of the website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website.

Electronic Communications, Transactions, and Signatures

Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing.

Miscellaneous

These Terms of Service and any policies or operating rules posted by us on the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

Governing Law

These Terms of Service and your use of the website are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

Dispute Resolution

Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the courts of Ontario, Canada, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

Corrections

There may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.

Disclaimer

The website is provided on an as-is and as-available basis. You agree that your use of the website and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website and your use thereof.

Contact Us

In order to resolve a complaint regarding the website or to receive further information regarding use of the website, please contact us at: