These terms of use are entered into by and between you and Vibrant Health Products, Inc. dba Silver Hills (“Silver Hills“, “we”, “us”, “our”) The following terms and conditions of use, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of our websites located at:
including any content, functionality, and services offered on or through such sites (the “Websites“).
Please read the Terms of Use carefully before you start to use the Websites. By using the Websites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.carbonaut.co/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites.
Our Websites are offered and available to users who reside in Canada or the United States or any of its territories or possessions, and who are the age of majority in their state, province, or territory of residence. By using the Websites, you represent and warrant that you are of legal age to form a binding contract with Silver Hills and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter.
Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or an entire Website, to users, including registered users.
You are responsible for both:
To access the Websites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current, and complete. By using the Websites, you represent and warrant that whenever you provide us with personal information of another individual, you have obtained all necessary consents to share such information with us. You agree that all information that we collect via the Websites or that you provide to us in connection with the Websites or otherwise, including, but not limited to, through registration with the Websites or the use of any interactive features on the Website, is governed by our Privacy Policy, and by using the Websites or otherwise communicating with us, you consent to all actions we take with respect to your information consistent with our Privacy Policy. You may withdraw your consent at any time subject to legal or contractual restrictions and reasonable notice.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites or portions of them using your user name, password, or other security information. You agree to use suitably strong passwords that others cannot guess, that are kept safe by you, and that are not re-used elsewhere. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Websites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Silver Hills, its licensors, or other providers of such material and are protected by United States, Canadian, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, communicate, make available, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by Silver Hills. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, patent and other intellectual property or proprietary rights laws.
The Silver Hills Bakery, Little Northern Bakehouse, One Degree Organics, Carbonaut, The Oven Door, and Vibrant Health Products names, the associated logos, and all other related names, logos, product and service names, designs, and slogans are trademarks of Silver Hills or its affiliates or licensors. You must not use such marks without the prior written permission of Silver Hills. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.
You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites or the materials on the Websites:
Additionally, you agree not to:
The information presented on or through the Websites is made available solely for general information purposes. We do not expressly or impliedly warrant or offer conditions as to the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.
The Websites may include content provided by third parties. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Silver Hills, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Silver Hills. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on the Websites from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
You may link to our homepages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.
The owner of the Websites is based in Canada. We provide the Websites for use only by persons located in the United States and Canada. We make no claims that the Websites or any of their content is accessible or appropriate outside of the United States or Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant or make conditions that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SILVER HILLS NOR ANY PERSON ASSOCIATED WITH SILVER HILLS MAKES ANY WARRANTY, CONDITION OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER SILVER HILLS NOR ANYONE ASSOCIATED WITH SILVER HILLS WARRANTS, REPRESENTS OR MAKES CONDITIONS THAT THE WEBSITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
EXCEPT WHERE PROHIBITED BY LAW, SILVER HILLS HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, TO THE FULLEST EXTENT PROVIDED BY LAW.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SILVER HILLS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Silver Hills, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including, but not limited to, any use of the Websites’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Websites.
All matters relating to the Websites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with laws of the Province of British Columbia and the laws of Canada, without giving effect to any choice or conflict of law provision or rule (whether of British Columbia, Canada, or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Websites will be instituted exclusively in the federal or provincial courts in the Province of British Columbia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver by Silver Hills of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Silver Hills to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Websites are operated by Vibrant Health Products, Inc. dba Silver Hills, PO Box 2250, Abbotsford, BC, Canada, V2T 4X2. All feedback, comments, requests for technical support, and other communications relating to the Websites should be directed to: [email protected].
