Terms of Service

Acceptance of Terms

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use our Services.

Use of Services

You agree to use our Services only for lawful purposes and in compliance with all applicable laws and regulations. You may not use the Services in any way that:

• Violates any applicable local, national, or international law or regulation.
• Exploits, harms, or attempts to exploit or harm minors in any way.
• Transmits any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation without our prior written consent.
• Engages in conduct that restricts or inhibits anyone's use or enjoyment of the Services.

Accessibility

We are committed to providing an accessible user experience for all visitors, including individuals with disabilities. While we strive to make our website accessible, we cannot guarantee that all content will be fully accessible at all times. If you encounter any accessibility barriers, please contact us, and we will make reasonable efforts to address your concerns.

Intellectual Property

All content, design, and functionality on the Burkshire & Johnson website, including but not limited to text, graphics, logos, and software, are the property of Burkshire & Johnson or its licensors and are protected by intellectual property laws. You may not use any content without our express written permission.

Links to Third-Party Websites

Our website may contain links to third-party websites or services. Burkshire & Johnson has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By accessing third-party links, you acknowledge and agree that Burkshire & Johnson shall not be responsible or liable for any damages or losses caused by or in connection with such access.

Disclaimer of Warranties and Limitation of Liability

The Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Burkshire & Johnson does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.

To the fullest extent permitted by law, Burkshire & Johnson and its affiliates, officers, directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Services, including any accessibility-related claims.

Limitation of Liability for Accessibility: Burkshire & Johnson is not responsible for any claims, damages, or losses arising from a user's inability to access certain parts of the website due to accessibility issues. We recommend users contact us for assistance with any issues they encounter.

Indemnification

You agree to indemnify, defend, and hold harmless Burkshire & Johnson, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Services, or your violation of any applicable accessibility laws or failure to adhere to accessibility standards.

Payment Terms

If you are using paid Services or purchasing products from Burkshire & Johnson, you agree to provide accurate, current, and complete payment information. You authorize us to charge your selected payment method for the applicable fees. All fees are non-refundable unless otherwise specified.

• Payment Processing: Payments will be processed at the time of purchase, and all applicable taxes will be added to the total.
• Late Payments: If payment is not received by the due date, Burkshire & Johnson reserves the right to suspend or terminate access to the Services until payment is received in full.
• Changes to Pricing: We reserve the right to modify pricing at any time, with notice to you.

Force Majeure

Burkshire & Johnson shall not be held liable for any delay or failure in performance of the Services due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, governmental actions, labor disputes, or technical failures (collectively, "Force Majeure Events"). In the event of a Force Majeure Event, we will make reasonable efforts to resume performance of the Services as soon as practicable, but shall not be responsible for any failure or delay caused by such events.

Dispute Resolution

In the event of a dispute, claim, or controversy arising out of or relating to these Terms or the Services, the parties agree to resolve the matter as follows:

• Negotiation: First, the parties will attempt to resolve the dispute through good faith negotiations.
• Mediation: If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation, to be conducted in Canada by a neutral third party.
• Arbitration: If the dispute remains unresolved after mediation, it shall be submitted to binding arbitration in Canada. The arbitrator's decision shall be final and binding.
• Court: If arbitration is not enforceable, the dispute may be brought before the courts in Canada.

Changes to Terms

We may update these Terms from time to time. Any changes will be posted on this page with an updated revision date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the courts of Canada.

Legal Compliance

You agree to comply with all applicable accessibility laws, including but not limited to the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and WCAG guidelines.

Contact Us

If you have any questions about these Terms, please contact us at info@babylontechnologies.ca.