Terms of Use
Please read these terms carefully before using our website
Last Updated: January 2024
These Terms of Use ("Terms") govern your access to and use of the Lush-atoll website located at lush-atoll.com ("Website"). By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website.
Acceptance of Terms
By accessing and using this Website, you accept and agree to be bound by these Terms and our Privacy Policy. If you are using our Website on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.
Use of Website
You agree to use our Website only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Website in any way that violates any applicable local, provincial, national, or international law or regulation
- Transmit any material that is defamatory, offensive, or otherwise objectionable
- Attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to it
- Use any robot, spider, or other automatic device to access the Website for any purpose
- Introduce any viruses, trojans, worms, or other material that is malicious or technologically harmful
- Interfere with or disrupt the integrity or performance of the Website
Intellectual Property
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by Lush-atoll or its licensors and are protected by Canadian and international copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.
User Submissions
When you submit information through our inquiry forms or otherwise provide information to us, you grant Lush-atoll a non-exclusive, royalty-free, perpetual, and irrevocable right to use that information for the purpose of responding to your inquiry and providing our services.
You represent and warrant that any information you provide is accurate and complete, and that you have the right to provide such information.
Services and Pricing
Information about our services and pricing displayed on this Website is for informational purposes only and does not constitute a binding offer. All services are subject to availability and may vary based on location, property conditions, and other factors.
Final pricing will be determined through consultation and provided in a written estimate before any work begins. We reserve the right to modify service offerings and pricing at any time without prior notice.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LUSH-ATOLL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Website will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LUSH-ATOLL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:
- Your access to or use of or inability to access or use the Website
- Any conduct or content of any third party on the Website
- Any content obtained from the Website
- Unauthorized access, use, or alteration of your transmissions or content
Indemnification
You agree to defend, indemnify, and hold harmless Lush-atoll, its officers, directors, employees, and agents 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 or your use of the Website.
Third-Party Links
Our Website may contain links to third-party websites or services that are not owned or controlled by Lush-atoll. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Toronto, Ontario, and you consent to the personal jurisdiction of such courts.
Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on this page. Your continued use of the Website following the posting of revised Terms constitutes your acceptance of those changes.
Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and Lush-atoll concerning your use of the Website.
Contact Information
If you have any questions about these Terms, please contact us at:
Lush-atoll
247 Lakeview Boulevard
Toronto, ON M4T 2S9
Canada