Castle Homes is an Online Business Community helping connect Consumers with Trades Professionals and Suppliers. By using, browsing, and/or accessing this website www.castlehomesdesign.com, you are implying your consent to be bound by the Terms and Conditions as set out below in this Agreement. If you do not agree to be bound by the Terms and Conditions of this Agreement you may not use, browse or access our Service and must exit the Website immediately. If you choose to use the website and any of the content and/or services within, you understand that it shall be at your sole risk.
www.castlehomesdesign.com (the “Website”) is a website owned by “Castle Homes” (the “Company’), referred sometimes as “us”, “we”, “our” and “ours”. www.castlehomesdesign.com operates its Internet website from its office in Toronto, Canada.
“Customers” or “Customer” means any person(s) who browses the website to inquire about Members, or browses any other information on the website, or posts a project, classified ad or Ask-an-Expert question on the Website for Members or other Customers or Users to inquire about, or respond to.
“Users”, “You”, means anyone making use of the Services available through the Website.
“Service” or “Services” means any procedure or service that is provided by Castle Homes to Users or Members, which includes, but is not limited to: information, services and products provided through the Website, or by telephone or email or text or message.
“Member” or “Members” means any person who registers as a business, service organization, individual or charity on the Website.
“Website” means the website www.CastleHomesDesign.com and all the pages, content and sub-domains contained therein.
Access to certain parts of the website requires registration through the website to create an Account (an “Account”). Residential or Commercial consumers may only create one Residential or Commercial account. Businesses may create multiple Business accounts for multiple locations if so desired. Only currently operating registered and licensed businesses may register for a Business account. Businesses that register for a Business account must fall within one of the categories listed on the website or they will be denied a Business account. You agree that Castle Homes reserves all rights to deny access to any business in its sole discretion, and without reason. All persons or businesses registering an account agree to provide accurate, true, current and complete information about yourself and/or your business and maintain the information to keep it current. Persons who have previously had their account terminated by Castle Homes may not use or access the website and are prohibited from creating a new account. If accounts are found to be in breach of this requirement they will be deleted from the website immediately without notification. You are solely liable for any errors, misstatements and/or misrepresentations in conjunction with the Registration information you provide, or with regard to any postings or listings created and/or posted by you. You acknowledge that the information you provide is accurate, true, current and complete. You acknowledge that if your Registration information is untrue, inaccurate, not current or incomplete in any regard, we reserve the right to terminate this Agreement and remove your listing or posting. You acknowledge and understand that although you may register as a member of the Website for free, some Services are limited to paid Business members.
Data Protection and Personal Information
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the website are the sole responsibility of the person or business from whom such content originated. Castle Homes makes no guarantee or representation of any kind regarding any content, materials or information listed on or throughout the website including, but not limited to, classified listings, announcements, project postings, client comments, directory listings, Ask-an-expert questions and answers and other such content, all of which is provided on an “AS IS” basis and may only be used or viewed at your own risk. You are entirely responsible for all content that you post, email or otherwise make available via the Service. You are responsible for ensuring that any and all content you post or upload to on the website complies with all applicable laws and with all of the terms of this Agreement. You understand that Castle Homes does not control, and is not responsible for content made available through the website and any of its services. You agree that you must evaluate, and bear all risks associated with the use of any content, and with the reliance of said content, and that under no circumstances will Castle Homes be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via Castle Homes . You acknowledge that Castle Homes does not pre-screen or approve any content, but that Castle Homes shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any content that is available on the website that Castle Homes believes is in violation of the letter or spirit of the terms and conditions, or for any other reason it deems valid. You acknowledge that Castle Homes may establish limits concerning the maximum number of days that content will be retained by the website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the website. You agree that Castle Homes has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You understand that you may be exposed to content on the website that is offensive. Castle Homes accepts no responsibility for offensive content. Should you find offensive content on the website you are asked to bring it to the attention of www.castlehomesdesign.com by using the “report this post” link or contacting us through our contact page information at the bottom of this page.
Castle Homes owns all the intellectual property rights relating to the website, including the designs, text, database, graphics and layouts, and you agree not to duplicate reproduce, sell, use or copy any part thereof without our express written permission. The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) Users upload to www.castlehomesdesign.com are retained by the copyright owner, and these are added to the website by Users at their own risk. In doing so you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.
Dealings with organizations, businesses and individuals
By using the Services provided by Castle Homes , you acknowledge that Castle Homes is not acting as a contractor or agent and is not responsible for services or products exchanged between the Customers, Users and Members of the website. It is the responsibility of the Customers, Users and Members to negotiate the terms for any services or products exchanged, and Castle Homes will not be involved or held liable for any agreements between the Customers, Users and Members.
Your interactions with organizations, businesses and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, contracts, warranties or representations associated with such dealings, are solely between you and such organizations, businesses and/or individuals. You agree that Castle Homes shall not be responsible or liable for any loss, damage, injury of any sort, including death, incurred as the result of any such dealings. If there is a dispute between Customers, Users or Members on this Website, or between Customers, Users and Members and any third party, you understand and agree that Castle Homes is under no obligation to become involved. In the event that you have a dispute with one or more other Customers, Users or Members, you hereby release Castle Homes , and its officers, subsidiaries, affiliates, agents, successors, assigns, service providers, directors, suppliers or other partners, and employees, in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our services. If you suffer any problems or losses as a result of acting on the information provided by any Customer, User or Member of the website, you agree that Castle Homes will not be held liable. You understand that any use of or reliance on this website, or any materials within shall be at your sole risk.
Castle Homes website contains hyperlinks to Internet websites managed by third parties. By activating these links, you may have to leave Castle Homes website. Castle Homes has no control over Internet websites owned by third parties. These websites are managed entirely by third parties and Castle Homes cannot make any declaration whatsoever concerning the quality or overall content thereof nor regarding the quality of the products or services offered or the security of visiting or performing transactions on the website in question. The fact that third party websites are identified on Castle Homes Internet website should not in any way be interpreted as an endorsement by Castle Homes and does not incur its liability in any way. Castle Homes cannot be held liable for possible damages arising from the use of these websites. Your linking to any other websites is at your own risk. All complaints about third party websites should be addressed to the administrators of those websites.
Registered Account Security
When you register an account you must select a password and a user name. You cannot (i) choose or use someone’s name with the intention of pretending to be that person; (ii) use an account in which someone else has rights, without that person’s authorization; or (iii) use a password or a user name that Castle Homes , at its sole discretion, considers offensive.
You are responsible for maintaining the confidentiality of your password and user name. You agree to notify Castle Homes immediately should you suspect any unauthorized use of your account, or if you have lost your username or password, or of any known or suspected breach of security.
You agree that you are responsible for any use and activity under your account or accounts on Castle Homes Internet website. You agree that Castle Homes cannot be held liable for the unauthorized use of your account or for any loss or damage arising in particular from the non-compliance with the security measures mentioned in this section.
Residential and Commercial Consumers are able to use the services available to them on the website for free and may sign up for a Residential or Commercial Consumer Account. Businesses may choose to sign up for a free basic directory listing or they may choose to pay for certain services as outlined in our Price List. You will be asked to provide credit card information when you register as a paid Business member and any services that generate a fee will automatically be charged to your credit card. Any services ordered are subject to any applicable taxes. Once a submission or order is submitted, there are NO REFUNDS, EXCHANGES OR CANCELLATIONS. If you choose a service that charges a re-occurring fee you agree that your initial order is deemed to be an authorization to debit predetermined sums from your credit card on a re-occurring basis as outlined for that particular service. If we are unable to collect the fees from your credit card for any reason Castle Homes reserves the right to immediately suspend your account until payment has been made in full (Account re-activation charges may apply). If you notice any incorrect charges on your statement from Castle Homes you must notify Castle Homes within (30) days of receipt otherwise you shall forfeit any recourse to claim a credit from Castle Homes .
Castle Homes reserves the right at its sole discretion to change its fees for services offered from time to time or at anytime, and will notify its clients of the changes in fees by email a minimum of (30) days prior to making any changes. Castle Homes also reserves the right to start charging fees, at any time, and without notice, for services that are currently free.
Changes to the Terms and Conditions
Castle Homes , and only Castle Homes , reserves the right to change or update these terms and conditions from time to time and at its sole discretion. As a Customer, User or Member of the website, you are responsible for acknowledging any updates of these terms and conditions by visiting this section. You can find the most recent version of the Terms and Conditions at: www.castlehomesdesign.com/terms-and-conditions. Any significant changes in the terms and conditions will be followed by notification emails to all active Customers, Users or Members on this Website. If any provision of this Agreement shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable here from this Agreement and will not affect the validity and enforceability of any remaining provisions.
Termination of use and/or account/membership
You agree that Castle Homes , in its sole discretion, has the right (but not the obligation) to suspend, delete or deactivate your account, block your email address, or otherwise terminate your access to, or use of, the website, immediately and without notice, and remove and discard any content within the website, for any reason, including, without limitation and at its sole discretion, if Castle Homes believes that you have breached this Agreement or have otherwise acted inconsistently with the letter or spirit of this Agreement. Further, you agree that Castle Homes shall not be liable to you or any third-party for any termination of your access to the website. Further, you agree not to attempt to use the website after said termination. Any reinstatement of your Account (including, without limitation, any membership) or above mentioned privileges shall be at Castle Homes sole discretion and subject to such conditions or additional requirements as Castle Homes may determine in its sole discretion.
Castle Homes proprietary rights
You acknowledge and agree that the Website and any software provided by Castle Homes or its licensors used in connection with your access and use of the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Content is protected by intellectual property rights, including, without limitation, copyright, trademark, service mark, patent and/or other proprietary rights. Except as expressly authorized by Castle Homes or its licensors, you agree not to decompile, reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or any Service, whether in whole or in part, or otherwise attempt to discover the source code of any of the software available on or through the Website. Except as otherwise indicated elsewhere on this Website, you may view, download, modify and print the Content which you are authorized to access through your lawful use of the Website for your personal and internal use provided that: (i) your Account is in good standing and you are in compliance with this Agreement; (ii) you may not remove any copyright, trademark or other proprietary notices contained in or associated to the materials; (iii) any and all Content, including, without limitation, all leads, jobs, projects and other information generated, delivered, presented and/or otherwise made available to you may not be redistributed or provided to any third party. The rights granted to you under this Agreement are provided pursuant to a limited and conditional license and no rights are being transferred to you or otherwise provided to you on an exclusive basis. Castle Homes reserves all rights not expressly granted herein.
You hereby grant to Castle Homes a perpetual, irrevocable, royalty-free, transferable, non-exclusive, worldwide license (with a right to grant unlimited sublicenses) to use, modify, reproduce, publish, republish, broadcast, translate, create derivative works of, synchronize, create compilations of, incorporate into other works, import, adapt and commercially exploit on any medium (whether in existence now or in the future) any Content you post or make available to Castle Homes in conjunction with your use of the Website and/or Services (collectively, “Your Posted Content”). You hereby waive any and all moral rights you may have anywhere in the world in Your Posted Content. You represent and warrant that you have all right, title and interest in Your Posted Content and that the posting, reproduction, publication and communication of same on or through the Website and/or through the Services, does not infringe any third party rights or any applicable laws.
” www.castlehomesdesign.com”, “www.castlehomesdesign.com” and the Castle Logo are trademarks of Castle Homes. Other trademarks or trade names mentioned herein may be the trademarks or trade names of their owners. Castle Homes reserves the right to monitor any Content and edit submissions by contributors to ensure compliance with this Agreement and any applicable laws. Castle Homes further reserves the right to paraphrase or otherwise edit any Content. Castle Homesreserves the right to deny requests to remove any Content from the Website, including, without limitation, a member’s profile information. Castle Homes reserves the right to remove, redact, disclaim or qualify any Content (including, without limitation, Content posted by or relating to you) from the Website without notice or liability.
Governing Law & Jurisdiction
By using Castle Homes Internet website, you acknowledge and agree that these terms and conditions of use are governed by laws applicable in the Province of British Columbia, Canada, and that any and all actions including any litigation, disputes, or controversies ensuing from, or related to, the use of Castle Homes Internet website and services will be subject to the jurisdiction, venue and forum of the Courts of the District of Toronto, Province of Ontario, Canada, without reference or application of principles and rules of conflict of laws. For jurisdictions that do not allow limitations or exclusion of liability you agree that Castle Homes total liability for any damages whatsoever under this Agreement, in tort, strict liability or otherwise in law, shall be limited to CAD$5.00 in the aggregate.
Terms and Conditions for Photo and Video uploads
a. All website Users, including Customers and Members, may not post any photos or videos containing nudity or pornographic material.
b. All website Users, including Customers and Members, may not upload, post or otherwise transmit any photo or video which is unlawful, harmful, threatening, harassing, tortuous, defamatory, infringing, vulgar, obscene, hateful, racially or ethnically objectionable or invasive of another’s privacy.
c. All website Users, including Customers and Members, may not upload or post unauthorized advertising or promotional materials, or any other photo or video which they do not have the right to transmit under any law or contractual or fiduciary relationship. This includes any content that infringes any patent, trademark, trade secret, copyright or any other proprietary rights of any party, or material protected by intellectual property laws, right of privacy or publicity or any other applicable law, unless having all necessary contracts or consents.
d. Castle Homes does not accept responsibility for the quality of the photos or videos or the accuracy of the information contained within them.
e. Castle Homes reserves the right to remove at any time, without notice, a photo, video, or image that violates any of our corporate policies.
Term and Termination
If you wish to terminate this Agreement you may do so at anytime by clicking on the “Cancel my Account” link found within your “Dashboard” when logged into your Account, otherwise this Agreement will remain in full force until it is terminated. Castle Homes may terminate this Agreement at any time and for any reason, without explanation, effective upon Castle Homes sending an email notification to you. Should either you or Castle Homes terminate this Agreement, your Membership account will automatically be terminated and the balance of any advance monthly payments toward your account will be non-refundable. Furthermore Castle Homes will in no way be liable to you for any prepaid services or for anything else related to the termination of your Account. All waivers and disclaimers, exclusions of liability, and all limitations of liabilities provided under this Agreement shall survive termination of this Agreement. Your obligations regarding Castle Homes proprietary and/or confidential information and/or materials, your obligations regarding personal information and other users’ privacy as well as your obligations to indemnify and hold Castle Homes harmless, shall also survive termination of this Agreement.
Alteration or Termination of Service
At any time, and without notice, Castle Homes reserves the right to change, add, modify or discontinue any service (or any part of a service) within its operations. Castle Homes also reserves the right to discontinue, temporarily or permanently, and without notice, the website as a whole. Should Castle Homesterminate this website, your Membership account will automatically be terminated and you will not be entitled to receive any refund of any kind for any subscription payments you have made to Castle Homes. Furthermore Castle Homeswill in no way be liable to you or any third party for any prepaid services or for anything else related to the termination of your Account and the website.
You agree that you are liable for the content you post, email or otherwise make available including content without limitation: that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that is profane, discriminatory, abusive, threatening, fraudulent, defamatory, false, libelous, obscene, offensive, inappropriate, harassing, illegal and/or unlawful information; that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; that includes personal or identifying information about another person without that person’s explicit consent or the unauthorized communication of confidential or proprietary information; that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”; that includes links to commercial services or websites, except as allowed in “business services”. In addition you agree that the content you may post complies with the requirements of this agreement and is truthful and accurate.
To the maximum extent permitted by applicable law, you agree to indemnify and hold Castle Homes, and its officers, subsidiaries, affiliates, agents, successors, assigns, service providers, directors, suppliers or other partners, and employees, harmless from any claim, liability or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your dealings with the Services of the Website, or content you submit, post, transmit or make available on or through the Website, or your violation of the terms and conditions, or your dealings with other users, or any dispute you may have with any user, service professional or supplier of the Website.