Terms and Conditions
Welcome to the Arbutus Consultants website (the “Website”). This Website is provided solely to provide information on the Arbutus Consultants range of services, offer internet marketing advice, and for no other purposes. The terms “we”, “us”, “our” and “Arbutus” refer to Arbutus Consultants and the Website (collectively, “Arbutus”). The term “you” refers to the customer visiting the Website and/or contributing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using the Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, you are not authorised to use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement in accordance with the Terms and Conditions herein and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
Use of the website
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) you possess the legal authority to enter into this agreement and to use this Website in accordance with all terms and conditions herein. Copying, transmission, reproduction, republication, posting or redistribution of the content of the Website ( ‘Site Content’) or any portion thereof is strictly prohibited without the prior written permission of Arbutus. To request permission, please contact Arbutus.
Users of the Website will not incur any charges for using the Website in accordance with these Terms and Conditions. However, the Website contains links to third-party websites which are operated and owned by independent service providers or retailers. Such third-parties may charge a fee for use of certain content or services provided on the website. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Arbutus provides details of charges on the Website, such information is provided for convenience and information purposes only. Arbutus in no way guarantees that this information is correct nor is it in anyway responsible for content or services provided on such third party websites.
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is owned by us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.
Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(v) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
(vi) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Arbutus in connection with the Website or the services.
Arbutus takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Arbutus liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Arbutus is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Arbutus has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Arbutus reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Arbutus or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Arbutus, and its licensees, successors and assigns, from any claims that you could otherwise assert against Arbutus by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Website Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Arbutus’s systems and customers, or to ensure the integrity and operation of Arbutus’s business and systems, Arbutus may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.
ARBUTUS MAKES NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE (SITE CONTENT) OR ANY PORTION THEREOF FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY Arbutus ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Arbutus DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM ARBUTUS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ARBUTUS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
ARBUTUS ALSO EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE CONTENT. SUBJECT TO THE FOREGOING, YOU USE THE WEBSITE AT YOUR OWN RISK AND IN NO EVENT SHALL ARBUTUS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF Arbutus HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER, DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Arbutus.
You agree to defend and indemnify Arbutus and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(i) your breach of this Agreement or the documents referenced herein;
(ii) your violation of any law or the rights of a third party; or
(iii) your use of this Website.
Links to third party sites
This Website may contain hyperlinks to websites operated by parties other than Arbutus. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Copyright and trademark notices
All trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Arbutus.
Arbutus may change, add or delete these Terms and Conditions or any portion thereof from time to time in its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of the Website. Thereafter, you expressly agree to be bound by any such amended Terms and Conditions.
Arbutus may change, suspend or discontinue any aspect of the Arbutus service at any time, including availability of any feature, database or content. Arbutus may also impose limits on certain features and services or restrict your access to all or parts of the Website or any other Arbutus website without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms and Conditions or of any law or regulation and where it decides to discontinue providing a service.
YOUR CONTINUED USE OF ARBUTUS NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS. These Terms and Conditions are available in the language of the Website. The specific Terms and Conditions under to which you signify your agreement will not be individually stored by Arbutus. The Website may not always be updated on a periodic or regular basis and consequently is not required to register as editorial product under any relevant law. Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.