Terms and Conditions

Acceptance of Terms

This Agreement contains the complete terms and conditions that apply to your participation in our site. If you wish to use the site including its tools and services please read these terms of use carefully. By accessing this site or using any part of the site or any content or services hereof, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services in the site.

Modifications of Terms of Use

Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.

Use of the Site

The Site allows you to post offers, sell, advertise, bid and shop on-line. However, you are prohibited to do the following acts, to with: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users' personal information; (d) manoeuvring the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libellous content; (g) take any action that may damage the rating system.

Registration Information

For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, member name and any other information needed in order to complete the sign-up process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the site or third parties during any visit to the site shall be subject to the terms of Elevate Your Landscape Privacy Policy.

Mobile Message Service

Elevate Your Landscape mobile message service (the "Mobile Service") offered through the Company is provided by third-party Twilio. Your use of the Mobile Service constitutes your agreement to these terms and conditions (“;Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes. These Mobile Terms may also be revised by changes to the Twilio platform.

By consenting to the Mobile Service, you agree to receive recurring SMS/text messages from and on behalf of the Company through your wireless provider to the mobile number you provided. If your mobile number is registered on any federal Do Not Call list, but you then opt-in to our Service, then you are agreeing to receive text messages and supersede your prior decision to be placed on the Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with the Company. Your participation in this program is completely voluntary.

We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Mobile Service at any time by replying the single keyword command STOP to any text message you receive from us. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.

If you have subscribed to other Elevate Your Landscape mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Mobile Service support or assistance, reply HELP to any text message you receive from us or contact us through email at info@elevateyourlandscape.ca

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Non-Commercial Use

Members on this social networking website are prohibited to use the services of the website in connection with any commercial endeavours or ventures. This includes providing links to other websites, whether deemed competitive to this website or not. Juridical persons or entities including but not limited to organizations, companies, and/or businesses may not become Members of Elevate Your Landscape and should not use the site for any purpose.

Links & Frames

Illegal and/or unauthorized uses of the services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyper-link to appropriate part within the site provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the site on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.

Warranty Disclaimer; Limitation of Liability

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at any time. The information, content and services on the site are provided on an "as is" basis. When you use the site and or participate therein, you understand and agree that you participate at your own risk.

Intellectual Property Rights

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

Confidentiality

You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Elevate Your Landscape. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

Non-Assignment of Rights

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

Waiver

Failure of Elevate Your Landscape to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

Severability of Terms

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

Entire Agreement

This Agreement shall be governed by and construed in accordance with the substantive laws of British Columbia without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.

Choice of Law; Jurisdiction; Forum

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of British Columbia, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual province, state or country of residence.