PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
Your use of RockRescue.org is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using RockRescue.org, you signify your acceptance of these Terms and Conditions and agree to be bound by them. RockRescue.org ("Rock Rescue") may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the RockRescue.org website. Your continued use of the RockRescue.org website signifies your acceptance of such revised Terms and Conditions, so be sure to check back frequently to read the most recent version.
The Rock Rescue website, all of its design, graphics, content, all text, all audio and video and even the arrangement and selection thereof are the sole property of Rock Rescue and/or its various subsidiaries, affiliates, third party service providers and distributors ("Third Parties"), and are protected under the copyright laws of Canada and various other countries. None of the content found on Rock Rescue may be distributed, displayed, modified, reproduced, republished, sold or transferred without the express written permission of RockRescue.org and/or the applicable Third Parties.
Any trademarks and design marks appearing on this website are trademarks of their respective owners. Nothing contained on Rock Rescue should be construed as granting, by implication or otherwise, any license or right to use any trademarks, except with the express written consent by the party that may own the applicable trademarks.
Use of Site
Neither the Rock Rescue website nor its content may be, in part or in whole, copied, distributed, reproduced, republished, posted, transmitted or uploaded without the written permission of RockRescue.org. The sole exception is that you may display, download, and print any of the content presented on Rock Rescue for your own personal and non-commercial use only. Unauthorized use of Rock Rescue and/or the content contained on the website may violate applicable copyright, intellectual property laws, trademarks or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this website. The use of such content on any other website or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting to this website any defamatory, indecent, infringing, inflammatory, libelous, obscene, pornographic, profane, threatening or unlawful content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
In its sole discretion, Rock Rescue may at any time and without notice, terminate or restrict any and or all of your access to any component of the RockRescue.org website and be held without any liability whatsoever. The RockRescue.org website is not intended for use by children under the age of 13.
Use of the Rock Rescue website is also void where prohibited by applicable law.
Except as explicitly provided in these Terms and Conditions as amended from time to time, RockRescue.org and the Third Parties make no representations or warranties of any kind, express or implied, regarding Rock Rescue and/or any content provided on the RockRescue.org website, all of which are provided on an "as available" and "as is" basis. Rock Rescue does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of RockRescue.org, or any of the content or data found on the website, and expressly disclaim all warranties and conditions in respect of Rock Rescue, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
Rock Rescue and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. Rock Rescue and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on RockRescue.org or your downloading of any materials, data, text, images, video or audio from the website. In no event shall Rock Rescue or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the RockRescue.org website or any content found herein, the operation of the website, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of RockRescue.org for purchases) even if advised of the possibility of damages.
Furthermore, Rock Rescue shall have no liability for any failure to provide access to the website and or its services to you if caused by any event or circumstances beyond our reasonable control including, without limitation to: the case of system failure, maintenance or repair, acts of flood, fire, war, riots, civil commotion, strikes, labor disputes, lock-outs, governmental actions, malicious damage, explosions, hijacked airplanes, any kind of God, aliens from outer space and any other similar events.
If, notwithstanding the foregoing, Rock Rescue or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the website or any of its content, the liability of Rock Rescue and the Third Parties shall in no event exceed in the aggregate $10 CAD.
You shall indemnify and save harmless Rock Rescue and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the RockRescue.org website.
Ratings and Reviews
Pricing / Warranty Policy
Although great care is taken in the production of the RockRescue.org website, typographical, illustrative or pricing errors may occur. We reserve the right to correct any errors at any time. All prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include GST, PST, QST, HST or any other tax or duty in your area. Rock Rescue reserves the right to limit quantities, reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Rock Rescue believes that customer conduct violates applicable law or is harmful to the interests of Rock Rescue or any Third Parties.
Due to the inherent nature of rocks, stones and pebbles: All sizes, shapes, colours and textures quoted are approximate.
There Is NO Warranty Provided On ANY RockRescue.org Rock Or Product. All Items Are Purchased On An "AS-IS" Basis.
Some items shown may vary from the images shown on the website and some products may require some assembly.
The relationship between Rock Rescue and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of RockRescue.org
This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Ottawa, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of Rock Rescue and these Terms and Conditions. At RockRescue.org, we are always interested in any dispute or claim arising being resolved amicably, efficiently and effectively. We recommend that you first contact us via the contact form on the website if there is any situation that may require resolution. If the aforementioned is not an option and a conclusion cannot be reached, the means of resolving any dispute or claim will be BINDING ARBITRATION. An Arbitrator may grant any relief that a court can with the benefit that the proceedings are usually much simpler than judicial proceedings or trial. In the event that arbitration is required, you shall be held responsible for paying your portion of any fees associated with the arbitration process. Under no circumstance shall you commence or maintain or become involved in a class action, class arbitration or any other representative action or proceeding.
Additional terms and conditions may apply to purchases of products, donations and or services. Additional terms and conditions may also apply to specific website functions available on the RockRescue.org website. Please be sure to review all terms in all sections of the website.
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by RockRescue.org as set forth above.
Protecting your Privacy
1. Defining Personal Information
Personal information is any information that can be used to distinguish, identify or contact a specific individual. Exceptions include business contact information and publicly available information such as name, address, and telephone numbers as published in telephone directories. Where an individual uses his or her home contact information as business contact information as well, we consider such information not to be subject to protection as personal information. Personal information does not include anonymous or non-personal information (i.e., information that cannot be associated with or tracked back to a specific individual).
2. Privacy Practices
Personal information gathered by Us will be treated with respect. We are responsible for all personal information in our possession. All employees, agents and authorized service providers of Rock Rescue are required to protect the confidentiality of your personal information. We keep your personal information and the business you do with us in strict confidence. Where we choose to have certain services provided by third party providers, we select the service providers carefully. We take all reasonable precautions to ensure that the service provider protects your personal information. These service providers enter into confidentiality agreements and do not keep any personal information on their files. Our staff are authorized to access personal information based only on their need to deal with the information for the reasons for which it was obtained. Safeguards are in place and continue to be enhanced to ensure that information is not disclosed or shared more widely than is necessary to achieve the purpose for which it was gathered. We also take measures to ensure the integrity of this information is maintained. We collect, use and disclose personal information only for purposes that a reasonable person would consider appropriate in light of the circumstances. We routinely offer individuals we deal with the opportunity to opt not to have their information shared for purposes beyond those for which it was explicitly collected.
3. Identifying Purposes
We collect, use or disclose information only for use in the administration of our programs, including rock adoptions, donations and to keep you informed and up to date on the activities at Rock Rescue including programs, services, special events, funding needs, opportunities to volunteer.
Rock Rescue obtains the consent of individuals before or when it collects, uses or discloses personal information, except where authorized by law.
5. Limiting Collection
Rock Rescue will limit the collection of personal information to that which is necessary for the purposes identified by Us. Personal information shall be collected by fair and lawful means.
6. We do not sell your personal information
We will never sell your personal information. We share your personal information with other organizations only in the following circumstances: Rock Rescue may from time to time share name and address information of donors only with likeminded organizations and only after you have had an opportunity to decline. This process of trading information with other like-minded organizations is common and an important way for us to solicit new funds to help our work continue.
7. Limiting Use, Disclosure and Retention
Rock Rescue will not use, disclose or retain personal information other than for the purposes for which it was collected, except with the consent of the individual, or as permitted or required by law. In addition, third party service providers may be engaged by Us to perform a variety of functions. These third party suppliers have access to your personal information only if it’s needed to perform the functions for which they are retained. We always direct that such third party suppliers may only use any personal information provided to them for the purpose of performing their roles and may not retain it or use it for any other purpose. In these cases, where the information is transferred to a third party, We will demand reasonable assurance that the third parties will protect your information in conformity with our privacy practices. Rock Rescue will not otherwise disclose your personal information for purposes other than those for which it was collected, except as may be permitted or required by law, or with your consent.
8. Accuracy and Safeguarding your Information
Rock Rescue will keep personal information as accurate, complete and current as is necessary for the purposes for which it is to be used. We will protect your personal information with security safeguards appropriate to the sensitivity of the information.
9. Individual Access and Openness
Upon written request, and subject to exemptions stipulated by law, Rock Rescue will inform an individual of the existence, use and disclosure of their personal information and will provide access to that information. An individual may challenge the accuracy and completeness of the information and have it amended as appropriate.
10. Inquiries, Concerns and Requests for Access
Log files contain information that is usually made available by your web browser and is stored on our web server. This non personally identifying information includes the following: browser type, language preference, referring site and the date and time of every page request. Just like most other sites, we collect this information to:
o Have a better understanding of how our visitors use our website.
o Be able to generate reports on the trends relevant to the usage of our website.
o Help with website administration.
o Analyze user activities on the site and collect information about our user base in general.
We do not link the information contained in these log files to personally identifying information and we will never distribute them to outside third parties.
We use the following cookies:
(a) Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website or make use of e-billing services.
(b) Analytical / performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works/functions.
(c) Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember website preferences.
(d) Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties solely for this purpose.
Our website may contain links leading to other websites that are not owned or managed by us. Because we are not responsible for how these sites handle your privacy, we encourage you to check out the Privacy Policies of those other websites before giving out your personal information.