BRISKET CASE TERMS OF SERVICE
Updated January 1, 2021
1.“Organizer”: The fundraising committee chair, volunteer parent, coach, manager, or other designate from your group who is officially appointed to act on behalf of your group in coordinating all arrangements involving the fundraiser between your group and BRISKET CASE
2.“Sellers” are members, associates, advisors, family members, or other individuals who are selling BRISKET CASE products to raise funds for your group.
3.“Supporters” and “Customers” are customers who purchase BRISKET CASE product from your group’s Sellers, or through your group’s dedicated fundraising store on the BRISKET CASE website.
4.“Group” is the non-profit organization, association, team, service club, community group, or similar type entity that is doing the fundraising activity. A Group consists of an “Organizer”, “Sellers” and “Supporters”.
5. “Supplier(s)” are the wholesale providers that BRISKET CASE uses to supply the products sold through the BRISKET CASE website and fundraising program
6.“Products” are provided by the “supplier”
7.“Site”, and “Website” is in reference to the BRISKETCASE.COM website.
Brisket Case Co.
Email: orders (at) brisketcase.com
This website and the related mobile website is operated by BRISKET CASE, located at Nanton, Alberta, Canada. Throughout the site, the terms “we”, “us” and “our” refer to BRISKET CASE. BRISKET CASE offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Our store is built on WordPress, using WooCommerce for the online e-commerce platform that allows us to sell our products and services to you.
By visiting this website, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, whether or not you register as an account holder of BRISKETCASE.COM. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new products, features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
ELECTRONIC AGREEMENT: This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by us from time to time, such modifications to be effective upon posting by us on the Site. By accessing and/or using the site or creating an account, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
1. ACCESS AND RETENTION
In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access devices. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
2. ONLINE STORE TERMS
2.1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use this site.
2.2. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our products or services, violate any laws in your jurisdiction (including but not limited to copyright laws).
2.3. You must not transmit any worms or viruses or any code of a destructive nature.
2.4. A breach or violation of any of the Terms will result in an immediate termination of your Services.
3. COMMERCIAL USE OF SERVICE
3.1. If you are using the Service and/or accessing the Websites on behalf of a non-profit organization, association, team, service club, community group, or similar type entity that is doing the fundraising activity (collectively, a “Subscribing Entity”), you represent and warrant that:
3.1.1. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
3.1.2. You have read and understand this Terms of Service; and
3.1.3. You agree to this Terms of Service on behalf of the Subscribing Entity.
4. ACCOUNT SECURITY
4.1. If you register for an account on the Site, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site. You are responsible for all activity on your Site account and agree to immediately notify us of any unauthorized use of your username or password or any other breach of security
5.1. We provide fundraising opportunities to groups by selling grocery and household products from third party suppliers. We offer 2 types of fundraising programs that can be run independently or together, depending on the group’s wants and needs:
– TRADITIONAL GROUP FUNDRAISERS: a traditional Group Fundraising program, where “Sellers” are group members, associates, advisors, family members, or other individuals who sell BRISKET CASE products to raise funds for your group; and
– DEDICATED GROUP SALES LINK: the establishment of a dedicated sales link on the BRISKETCASE.COM website that your group can promote as its own dedicated store through which a set percentage portion of all purchases made is allocated to your group.
5.2. We forward orders received in person and through the BRISKETCASE.COM website to our supplier; our supplier fills the orders; we arrange for pickup or delivery of product to organizer; the organizer arranges for timely distribution of product to supporters.
5.3. We work together with our supplier(s) and Alberta Public Health to ensure your health and safety isn’t affected.
5.4. We claim no direct affiliations with any of the companies we use as suppliers. In the event of order discrepancies (e.g., the wrong item delivered, etc.) We will work with the supplier to correct your order
5.5. Any of our products are subject to return or exchange only according to our Return Policy.
6. FUNDRAISER POLICIES & PROCEDURES
6.1. GROUP ELIGIBILITY
6.1.1. Any non-profit group, association or organization in the BRISKET CASE sales area that does fundraising activity may apply for fundraising. Proof of non-profit, association or organization status may be requested at the discretion of BRISKET CASE management.
6.1.2. We reserve the right to change the eligibility criteria for Groups; and, to limit the number of dedicated Group sales on BRISKETCASE.COM at any given time and without notice.
6.2.1. We will meet with the Group Organizer to explain and review specific details, roles and responsibilities surrounding our 2 main Fundraising programs.
6.2.2. We will establish fundraiser timelines for the group to collect orders and payments; to compile the order and submit it to the BRISKETCASE.COM website; and to accept delivery of the order.
6.2.3. Designated Delivery dates, times and locations will be pre-scheduled with the organizer at this time before the fundraiser(s) commence. Once set, these dates and times cannot be changed without one week (7 days) advance notice. Any changes to original delivery dates and times may be subject to separate delivery charges. These charges will be relayed to the Group at the time of the request.
6.2.4. We will provide an information and sales package, including Group Order Forms for the group to use to aid them in selling the products and promoting their store.
6.3. TRADITIONAL GROUP FUNDRAISER ORDER PLACEMENT
6.3.1. The Organizer is responsible for collecting order forms from sellers and compiling them into a single group order that is wither placed on the BRISKETCASE.COM website, or submited directly to the BRISKET CASE sales team.
6.3.2. The Organizer must ensure the entire order is paid in full at the time they enter it into the BRISKETCASE.COM website, or submit it to the BRISKET CASE sales team. Accepted forms of payment include: Debit or Credit card through PayPal, Electronic Funds Transfer (EFT) to payments (at) brisketcase.com . Payments made by cheque will also be accepted; however, no orders will be processed until the Group’s cheque has been deposited and all funds are cleared by our bank.
6.4. DEDICATED GROUP SALES ORDER PLACEMENT
6.4.1. A set percentage portion (12% of non case items and $10/case) from the retail price of each purchase made through a Group’s dedicated sales , will be paid to that Group. Terms of payment are detailed below.
6.4.2. Ordering deadlines, delivery dates and times, for orders received through the dedicated group sales will be established with the group organizer at the time of registration for the fundraiser.
6.4.5. In all cases, orders must be paid in full prior to, or at the time of delivery.
NOTE: Returning BRISKET CASE Customers are in no way obligated to make new purchases through the Group Sales link they supported for previous purchases. This way if a family wishes to support multiple organizations, they can make their purchases from Group A’s sales link one week, and Team B’s sales link another week.
6.4. DELIVERY/PICK UP & DISTRIBUTION
Deliveries/Pick up arrangements for Large Group Fundraisers, and for Sales made through the Dedicated Group Fundraising site are handled in a similar manner.
6.4.1. Prior to delivery, BRISKET CASE will contact the group organizer to advise them of the shipment details, and to confirm they have made proper arrangements to receive the order.
6.4.2. It is the organizer’s responsibility to ensure someone from their group is at the designated delivery point, at the appointed time, to receive the order; and to ensure the group has enough people in place to help distribute the orders to sellers and supporters.
6.4.3. Delivery location: If a predetermined designated delivery location becomes no longer be usable, it is the Group Organizer’s responsibility to identify a new location, and communicate it to BRISKET CASE as soon as possible before delivery day. BRISKET CASE will will not, under any circumstances be responsible for finding a suitable storage location for the delivery, at the designated drop off point.
6.4.4. The majority of the BRISKET CASE product catalogue is perishable and requires freezing or refrigeration. BRISKET CASE takes no responsibility for the mishandling of any food or other products during or after pickup/delivery.
6.4.5. Upon arrival at the designated delivery location, the delivery driver/we will wait for no longer than fifteen (15) minutes from the appointed delivery time before unloading the order.
126.96.36.199. In the event that the group is unable to receive the entire delivery at the appointed time and place, the order will be returned to our warehouse facility; the organizer’s group will be charged a $200.00 handling penalty; and, it will become the organizer’s responsibility to arrange for pick up of the order from our warehouse facility in Nanton, Alberta, within 24 hours of the order’s original appointed delivery time.
188.8.131.52. If the order has not been picked up from our warehouse facility in Nanton, Alberta, after 24 hours from the originally designated delivery time, the order and all of its fundraising proceeds will become forfeit to the group and will be resold by us immediately, with the fundraising portion of the resale being donated to the Nanton Food Bank.
184.108.40.206. A group whose order becomes forfeit is not entitled to any type of refund or credit from BRISKET CASE. Any refunds that need to be issued to the fundraising supporters whose purchase was part of that order are the sole responsibility of the group.
220.127.116.11. A group whose order becomes forfeit will have their dedicated sales link on BRISKETCASE.COM deactivated immediately (if applicable); and, they will not be entitled to register for any type of BRISKET CASE fundraiser for a minimum period of 18 months from the date of forfeiture, at the discretion of BRISKET CASE management.
6.4.6. Under no circumstances, will BRISKET CASE be held liable for any problems, claims, losses, injuries, illness or other damage arising from or as a result of: (a) damage to the products after they have been delivered to the group, unless the damage is a result of defective packaging of the products; (b) the group’s failure to ensure orders they receive are refrigerated or frozen in the necessary amount of time after any attempted or actual delivery to supporters; and (c) the storage, preparation and consumption of the products by the supporter.
6.5 FREE HOME DELIVERY IN NANTON, ALBERTA
6.5.1 Customers who live within the municipal limits of the Towns of Nanton qualify for free home delivery. Customers who live outside of town can make arrangements with BRISKET CASE, to pick up their purchases at a mutually convenient location in Nanton. In these instances, customers must pick up their orders within 48 hours of being contacted by BRISKET CASE.
6.5.2. BRISKET CASE will make one attempt to deliver your order in Nanton. If no one is available to receive your order on delivery day, the items in your order will be returned to the BRISKET CASE warehouse in Nanton, and it will become your sole responsibility to ensure you retrieve your order in a timely manner.
6.5.3 The majority of the BRISKET CASE product catalogue is perishable and requires freezing or refrigeration.
6.5.4. Orders that have not been picked up from the BRISKET CASE warehouse within 2 days of attempted delivery, and/or otherwise being contacted by BRISKET CASE, will be returned to BRISKET CASE inventory. If the product sells after being returned to BRISKET CASE inventory, then, the customer will have the opportunity to reorder the same product or a different product at the current price listed on BRISKETCASE.COM, and have their previous payment applied to it.
6.5.5. Once delivered/picked up, the customer is solely responsible for storing and preparing products properly and understands and agrees that BRISKET CASE shall not be liable or responsible for any problems, spoilage, claims, losses, injuries, illness or other damage that may arise during or as a result of the mishandling of any food or other product, including but not limited to the cost of procuring replacement products.
6.5. SHORT-SHIPMENTS AND BACKORDERS
6.5.1. for Large Group Fundraisers, it is the Organizers responsibility to ensure the orders are filled properly with no short-shipments or product errors at the time of order delivery/pickup.
6.5.2. For both Large Group Fundraisers and Dedicated Group Sales Link Sales: in the event of a backorder, or if a short-shipment or other error is discovered at the time of delivery/pickup, BRISKET CASE will endeavour to rectify the situation by arranging to deliver the missing product to the organizer within a reasonable period.
6.5.3. NOTE: The timeline for delivery of short-shipments depends on product availability in the supplier’s inventory. If the supplier has the short-shipped product currently in stock, then BRISKET CASE will arrange with the organizer to deliver the short-shipped products to the organizer within 7 business days.
6.5.4. BRISKET CASE takes no responsibility for any short shipments or other errors discovered after the order has been signed off. Once the order has been received, and the organizer has signed off on delivery, the order is considered final, and it becomes the sole responsibility of the group to refund the supporter for this error.
7. FUNDRAISING PAYOUTS
7.1. LARGE GROUP FUNDRAISERS
7.1.1. Fundraising values are calculated based on a set percentage of the retail cost of each item in the BRISKET CASE product catalogue. This fundraising percentage is negotiated with the Group at the time of registration.
7.1.2 Group Fundraising payouts are calculated within 7 days of delivery/pick up and sign-off of the order. Payments of funds raised will be issued to the group by cheque within 30 days of delivery/pickup and sign-off of the order.
7.2. DEDICATED GROUP SALES
7.2.1. A portion of the sale of each item purchased through the dedicated sales will be paid to that group.
7.2.2. Fundraising values are calculated based on a set percentage of the retail cost of each item in the BRISKET CASE product catalogue. This fundraising percentage is 12% of non case items and $10 per case with the Group at the time of registration.
7.2.3. Fundraising payouts to each group are calculated the business first day of each month and are based on the number of orders received and paid for through the respective group’s fundraising page on the BRISKETCASE.com website in the previous month.
7.2.4. Payments of funds raised are issued by cheque on the last business day of the following month (i.e. payment of funds raised from all purchases made on your group’s sales link in March will be made by April 30.)
7.2.5. Payments of funds are mailed to the group organizer, along with a sales report, detailing how the fundraising payout was calculated for that period.
8. MODIFICATIONS TO THE PRODUCTS, SERVICES AND PRICES
8.1. We endeavour to ensure that the product catalogue we have listed on our website is current and up to date; however, we do not maintain a large or regular inventory of product at our warehouse facility. As such, the availability of product listed on our website is subject to our supplier’s inventory at the time of your order and therefore may change without notice.
8.2. We reserve the right at any time to modify or discontinue items for sale in our product catalogue, and the fundraising service (or any part or content thereof) without notice at any time.
8.3. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited
8.4. Prices for our products are subject to change without notice.
8.5. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products or services.
9. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
9.1. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
9.2. We are not responsible for any information, website content or materials made available by or on behalf of third parties, otherwise accessible over the internet.
9.3. We have made every effort to display as accurately as possible the images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
9.4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
10. ACCURACY OF BILLING AND ACCOUNT INFORMATION
10.1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
10.2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and contact information so that we can complete your transactions and contact you as needed.
11. ERRORS, INACCURACIES AND OMISSIONS
11.1. Occasionally there may be information on our site or in the Service Agreements that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Product Catalogue, Service Agreement, or on any related website or sales material is inaccurate at any time without prior notice (including after you have submitted your order).
11.2. We undertake no obligation to update, amend or clarify information in the product catalogue, service agreement or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the product catalogue or Service Agreement or on any related website or sales material should be taken to indicate that all information in the product catalogue or Service Agreement or on any related website or sales material has been modified or updated.
12. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
12.1. If, at our request, you send certain specific information, content or other media submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. Furthermore, BRISKET CASE (including all of its assigns and successors) may freely license, publicize, reproduce and otherwise commercialize feedback in any BRISKET CASE offerings.
12.2. We may, but have no obligation to, monitor, edit or remove comments from our Site, that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
12.3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13. YOUR USE OF THE WEBSITES
13.1. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except as permitted under these Terms of Service, and within the parameters set by BRISKET CASE.
13.2. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites.
13.3. You must not commit or engage in or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.
13.4. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person.
13.5. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any BRISKET CASE employee. If we feel that your behaviour towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your account and you will not be entitled to any refund of unused credit.
13.6. You must not sell or transfer, or offer to sell or transfer, any BRISKET CASE account to any third party without the prior written approval of BRISKET CASE.
13.7. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
13.8. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by BRISKET CASE; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of BRISKET CASE’s servers, system or network or attempt to breach BRISKET CASE’s data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking BRISKET CASE’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of BRISKET CASE under these Terms of Service, BRISKET CASE reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
13.9. You agree to comply with the above conditions and acknowledge and agree that BRISKET CASE has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.
13.10. Blocking of IP Addresses. In order to protect the integrity of the Services, BRISKET CASE reserves the right at any time in its sole discretion to block Account Holders and Customers from certain IP addresses from accessing the Website.
14. THIRD-PARTY LINKS
14.1. Certain content, products and services available via our Service may include materials from third-parties.
14.2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
14.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party
15. GENERAL CONDITIONS
15.1. We reserve the right to refuse service to anyone for any reason at any time.
15.2. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
15.3. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
16.1. BRISKET CASE acts as a distribution and delivery service and assumes no liability related to the inherent commitments of the supplier(s) such as, but not limited to, preparation times, and/or quality of food.
16.2. All items in the BRISKET CASE product catalogue are purchased from third-party supplier(s). BRISKET CASE does not produce any of the products that are available for purchase in their product catalogue.
16.3. BRISKET CASE is assured by the supplier(s) that they are qualified to fill the orders and have all the proper licenses and insurance. As such, we do not inspect or test any of the items we sell in our product catalogue.
16.4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied. We strongly encourage the use of common sense and judgement when preparing and before consuming any of our products.
16.5. You agree that from time to time we may remove items from the product catalogue, and other services for indefinite periods of time or cancel the fundraising service at any time, without notice to you
16.6. In no case shall BRISKET CASE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
17.1. You agree to indemnify, defend and hold harmless BRISKET CASE and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, including but not limited to: a) your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above; and b) any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act BRISKET CASE.
18. ATTORNEY FEES
In the event that BRISKET CASE is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for BRISKET CASE’s attorneys’ fees and cost
19.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
19.2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
19.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
20. ENTIRE AGREEMENT
20.1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
20.2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
20.3. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
20.4. These Terms constitute the entire agreement between you and BRISKET CASE regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and the Company regarding your use of the Site.
21. GOVERNING LAW
The Site is controlled by BRISKET CASE and operated by it from its offices in Alberta, Canada. You and BRISKET CASE both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and BRISKET CASE explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
22. CHANGES TO TERMS OF SERVICE
22.1. You can review the most current version of the Terms of Service at any time at this page.
23.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
23. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at admin (at) brisketcase.com.