Terms and Conditions

MODIFICATION OF TERMS

Devon Sheahan Design reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately. Notice to users may be given through e-mail, a posting on the site or any other means by which a user may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

PROHIBITED CONDUCT

User agrees to refrain from any of the following:

♦ Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the site that in any way affects the use, enjoyment or service of the site.

♦ Capture, download, save, upload, print or otherwise retain information and content available on the site other than what is expressly allowed by these Terms.

♦ Permit or provide others access to the Course Library using your user name and password.

♦ Copy, modify, redistribute, republish, alter, license, transfer or adapt any of the information, text, graphics, source code, or other content available on the site.

♦ Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the site.

♦ Violate or attempt to violate Devon Sheahan Design's security mechanisms or access any data or server you are not authorized to access.

♦ Use any device or other means to collect information about other users, the site or Devon Sheahan Design.

♦ Use the site to violate a third party's intellectual property, personality, publicity or confidentiality.

♦ Misrepresent your identity or personal information when accessing the site.

♦ Post obscene, harassing, defamatory, violent, pornographic, threatening, objectionable or illegal material on the site.

♦ Advertise or otherwise solicit funds, goods or services on the site.

To ensure that users of the site do not engage in Prohibited Conduct, Devon Sheahan Design reserves the right to monitor use of the site and reserves the right to revoke or deny access to the site to any person whose use of the site suggests Prohibited Conduct.

DISCLAIMERS AND LIMITATION OF LIABILITY

User chooses to access this site at his/her own risk. The site is provided on an as is, as available basis without warranty of any kind (beyond the warranties set forth in this agreement), expressed or implied, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties' rights are specifically disclaimed. Devon Sheahan Design will not warrant any particular result from use of the software or site, that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure.

Under no circumstances and under no legal theory shall Devon Sheahan Design or any of its affiliates, agents, employees, directors, officers, third party content providers, successors or assigns be liable to you for any indirect, incidental, punitive or consequential damages of any character, including with limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.

Your use of this site is at your sole risk and any content that you download is downloaded at your own discretion. You are solely responsible for any damage to your computer system and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses.

In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract. This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of Devon Sheahan Design, computer virus or other similar item, telecommunications error, or unauthorized access to or use of user information through theft or any other means. Devon Sheahan Design is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site.

No dealer, agent, or employee of Devon Sheahan Design is authorized to make any modifications, extensions, or additions to these limited warranties or disclaimers. Devon Sheahan Design disclaims all warranties, and shall have no liability for damages received from the client, arising from or related to any support services for your use of the site. The law of your jurisdiction may prohibit or modify the foregoing disclaimers and limitations on damages, and such disclaimers or limitations on damages may not apply to you.

THIRD PARTY CONTENT; HYPERLINKS

You acknowledge that Devon Sheahan Design does not pre-screen third party materials and is not the publisher or author of any information on the site that is provided by a third party. Devon Sheahan Design is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and Devon Sheahan Design use of the content constitutes neither an endorsement nor a recommendation of the content. Devon Sheahan Design assumes no responsibility for third party products or services.

www.dsheahandesign.ca may contain links and references to other third party websites and materials. Devon Sheahan Design does not assume any responsibility for these websites or materials and provides these links solely for the convenience of users. Devon Sheahan Design does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered.

Devon Sheahan Design makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows users to access information found on another site.

COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS

Devon Sheahan Design or its third party content providers shall retain all worldwide rights in the intellectual property in and on the site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the site is copyrighted, trademarked, or otherwise protected and owned or licensed by Devon Sheahan Design except as expressly stated on the site or in these Terms, nothing that you read or see on the site may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Devon Sheahan Design.

INDEMNIFICATION

User agrees to defend, indemnify and otherwise hold harmless Devon Sheahan Design and its officers, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from user's Prohibited Conduct or other improper or illegal use of the site, or breach of these Terms.

SECURITY; AUTHORIZED USE

Users are prohibited from violating or attempting to violate the security of the site. Devon Sheahan Design has the right, but not the obligation, to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

You represent and warrant that you are the person on whose behalf you claim to accept these Terms. You also represent and warrant that you are an adult who is legally able to enter into these Terms.

TERMINATION OF AGREEMENT

In addition to Devon Sheahan Design's other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Devon Sheahan Design may also terminate access to the website without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Devon Sheahan Design deems inappropriate.

PRIVACY POLICY

Devon Sheahan Design values your trust. In order to honor that trust, all of Devon Sheahan Design's employees are required to adhere to ethical standards in gathering, using, and safeguarding any information you provide. For more information, please review Devon Sheahan Design's Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full.

MISCELLANEOUS

These Terms constitute the entire agreement between Devon Sheahan Design and user regarding the subject matter hereof. Any previous agreement, whether oral or written, between Devon Sheahan Design and user dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon user's breach or threatened breach of these Terms, Devon Sheahan Design may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Devon Sheahan Design's remedies are cumulative and not exclusive.

Failure of Devon Sheahan Design to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By accessing the site, user signs for and accepts this shortening of the statutes of limitations. Devon Sheahan Design makes no representation that the content of the site is appropriate or available for use in all locations.

You agree to comply with all applicable local laws, including any international laws, in using this site. You may not assign your rights or delegate your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms.

GOVERNING LAW; DISPUTE RESOLUTION; FORUM AND VENUE

These Terms and any claim or action related to or arising from these Terms or content on the site shall be governed by Alberta law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between you and Devon Sheahan Design shall be finally resolved through binding arbitration in Ottawa, Ontario. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator.

The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party shall bear his/her/its own expenses and attorneys' fees related to any arbitration, claim or action.

EFFECTIVE DATE: March 5, 2025