TERMS AND CONDITIONS FOR
www.maintenancesched.com

These Terms & Conditions effective as of 22 March 2021. Last revision: 07 May 2021.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

The following Terms and Conditions govern and apply to your use of or reliance upon this website ("www.maintenancesched.com") maintained by: Alberta Web Designs Inc..

The following terminology applies to these Terms and Conditions and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Canada. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Your access or use of maintenancesched.com indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to maintenancesched.com. Your continued use of maintenancesched.com will be considered your acceptance to the revised Terms and Conditions.

1. INTELLECTUAL PROPERTY

All intellectual property on maintenancesched.com (except for User Generated Content, as defined below) is owned by us or our licencors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on maintenancesched.com (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.

2. USE OF COMPANY MATERIALS

We may provide you with certain information as a result of your use of maintenancesched.com including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of maintenancesched.com or Services ("Company Materials"). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on maintenancesched.com. Nothing in these Terms of Use may be interpreted as granting any licence of intellectual property rights to you.

3. USER GENERATED CONTENT

"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through maintenancesched.com, except to the extent the content is owned by us.

4. ACCOUNT AND ACCOUNT USE

If your use of maintenancesched.com requires an account identifying you as a user of maintenancesched.com (an "Account"):

a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;

b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and

c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.

5. FEES.
5.1 Using maintenancesched.com is free for 60 days on a trial basis. Our fees are quoted in US Dollars, and we reserve the right to change them as and when required. Our fees are non-refundable, and users are responsible for paying them when they are due. Non-Payment of our fees will result in suspension of any reminder emails being sent out to users client base.

6. PAYMENT

Payment to be made via Credit Card or Paypal account on a subscription basis after selection of your chosen monthly package.

When you make a purchase on maintenancesched.com, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes & fees, all of which you are responsible for.

When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.

If you pay by credit, we may obtain a preapproval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

We may cancel any transaction if we believe the transaction violates these Terms, or if we believe in doing so may prevent financial loss.

In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

Payment for any ongoing services is billed automatically until notification that you would like to terminate your access to the services.

Maintenance Sched is run by and Trades as Alberta Web Designs Inc. and as such this is what you will see on your invoice.

7. TERMINATION OF ACCOUNT

By yourself:
You may terminate your Constant Contact account at any time by simply cancelling your subscription payment. Cancelation of payment will cause your account to cease working at the end of the current paid up month.
If you are having issues termination your subscription please contact maintenancesched.com immediately for assistance.

By us:
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of maintenancesched.com, effective at any time, without notice to you, for any reason, including because the operation or efficiency of maintenancesched.com or our or any third party's equipment or network is impaired by your use of maintenancesched.com, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of maintenancesched.com, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to maintenancesched.com.

8. ACCEPTABLE USE

You agree not to use maintenancesched.com for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage maintenancesched.com, the services or the general business of maintenancesched.com.

You further agree not to use and/or access maintenancesched.com:

a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.

9. INCLUSION ON maintenancesched.com
3.1 All emails must relate to the users business. If we are informed that the emails being sent out do not suit maintenancesched.com morals & ethics we reserve the right to refuse inclusion with no further discussion.

10. EMAIL REMINDER RULES

a) Emails sent from maintenancesched.com must not violate any laws or our Prohibited Content as follows:
  • You must not send an email that defames anyone or contains "hate speech".
  • You must not send an email that promotes multi-level marketing or other prohibited jobs.
  • You must not send an email that contains pornography, nudity or other prohibited personal data.
b) Emails sent from maintenancesched.com must not must not be false or misleading.
c) Emails sent from maintenancesched.com must not infringe any third-party right.
d) Emails sent from maintenancesched.com must not distribute or contain spam, chain letters, or pyramid schemes.
e) Emails sent from maintenancesched.com must not distribute viruses or any other technologies that may harm maintenancesched.com or the interests or property of maintenancesched.com users.
f) Emails sent from maintenancesched.com must not must not copy, modify, or distribute any other person's content.
g) Emails sent from maintenancesched.com must not must not harvest or otherwise collect information about others, including email addresses, without their consent.
h) Emails sent from maintenancesched.com must not must not bypass measures used to prevent or restrict access to maintenancesched.com.

11. EMAIL POLICY VIOLATION.
4.1 Please contact us to tell us about any issues or offensive content so that together we can keep the site working free from abuse and family friendly. We may restrict or terminate our service, remove content and take technical and legal steps to keep users off maintenancesched.com, if we think find they are creating offense or acting inconsistently with the listed rules or spirit of our policies. However, whether we decide to take any of these steps, remove content or keep a user off maintenancesched.com or not, we do not accept any liability for monitoring the emails sent out or for unauthorized or unlawful content on maintenancesched.com or use of maintenancesched.com by users.

12. PERSONAL SAFETY.
10.1 Be aware that you are on the internet. Choose carefully what personal details go into your mailings as they will be available for your clients to view.
In creating your account with maintenancesched.com you agree to this publicity.

13. COOKIES We employ the use of cookies. By accessing Maintenance Sched, you agreed to use cookies in agreement with the Alberta Web Designs Inc's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website.

14. PROTECTION OF PRIVACY

Through your use of maintenancesched.com, you may provide us with certain information. By using maintenancesched.com, you authorize us to use your information in Canada and any other country where We may operate.

When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.

If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.

If you choose to terminate your account, we will store information about you for a reasonable period of time to be determined by us in accordance with applicable federal and provincial laws. After this period, all information about you will be deleted.

15. REVERSE ENGINEERING & SECURITY

You may not undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on maintenancesched.com;

b) Violate the security of maintenancesched.com through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

16. DATA LOSS

We are not responsible for the security of your Account or Content. Your use of maintenancesched.com is at your own risk.

17. INDEMNIFICATION

You defend and indemnify maintenancesched.com and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of maintenancesched.com, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.

18. HYPERLINKING TO OUR CONTENT

Businesses & organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

19. RESERVATION OF RIGHTS

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

20. iFRAMES

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

21. SERVICE INTERRUPTIONS

We may need to interrupt your access to maintenancesched.com to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to maintenancesched.com may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.

22. NO WARRANTIES

Your use of maintenancesched.com is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that maintenancesched.com will meet your needs or that maintenancesched.com will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on maintenancesched.com or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of maintenancesched.com is your sole responsibility and we are not liable for any such damage or loss.

21. PRIVACY

Internet communications are subject to interception, loss or alteration and, as consequences, you acknowledge that information or data you provide by electronic means by accessing or using this Website are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.

For more information, please refer to our Privacy Policy, which you may find at the following address: https://www.maintenancesched.com/email-marketing-privacy-policy.aspx

22. LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you as a result of your use of maintenancesched.com, to the fullest extent permitted by law. The maximum liability of maintenancesched.com arising from your use of maintenancesched.com is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to maintenancesched.com in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

24 GENERAL.
13.1 These terms and the other policies posted on maintenancesched.com constitute the entire agreement between maintenancesched.com Limited and you, superseding any prior agreements. This agreement is governed by the laws of Canada. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Maintenance Sched, 909 Emerson Rd SW, High River, Alberta, T1V 1B1. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next post or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to maintenancesched.com Customer Service.

25 DISCLAIMER:
Any contract between users and their clients in no way implies any contractual obligation by maintenancesched.com to either party - Nor does inclusion on this website constitute any personal recommendation by maintenancesched.com.