Terms of Service

Payment constitutes full acceptance and agreement with these terms and conditions of sale, and establishes formal execution of this sales agreement under these terms and conditions. These terms of sale (“terms”) constitute a binding legal contract between (a) us, Limitless Growth Inc., with offices in Nanaimo, BC, Canada, the seller (with references to “us”, “we”, or “our” being construed accordingly), and (b) you, the purchaser (with references to “you” or “your” or “Purchaser” being construed accordingly). Furthermore, these terms apply to all offers, sales and purchases of third party products (including, without limitation, hardware, software, license rights, and service use rights resold by us) (“products”) or access rights to services we directly provide which occur either (a) through the online Limitless Growth platform, or (b) through any other means through which we engage in the sale of products and services, such as but not limited to orders by phone, the website and such other means. By ordering any good, product or service or by visiting or utilizing the online Limitless Growth platform, you signify your acceptance of this agreement. Moreover, because we value our relationship with you and consider our approach to privacy of the information you provide in your use of our products and services to be an important aspect of that relationship, we will take all efforts necessary to protect your personal information to the extent to which the law requires. Our Privacy Statement governs the collection and use of your information. By submitting your personally identifiable information to us in relation to your order, you consent to such information being processed to fulfill your order and in accordance with our Privacy Statement. The Privacy Statement is incorporated by reference into and is made a part of this Agreement. To view the Privacy Statement applicable to this order, please see our website.

 

You are bound by the version of these Terms in effect on the date of each order you place. These Terms may change from time to time, so please review them upon submission of each order, even if you have reviewed them before. ALL ORDERS ARE SUBJECT TO YOUR CONSENT TO ANY APPLICABLE LICENSE AGREEMENT OR USAGE TERMS DELIVERED WITH, INCLUDED IN, OR PRESENTED IN CONNECTION WITH YOUR PRODUCT OR SERVICE. IF YOU DO NOT AGREE TO THE LICENSE OR USAGE TERMS ONCE YOU SEE THEM, DO NOT ACCEPT THEM AND CONTACT CUSTOMER SERVICE. We attempt to describe all Products and Services available for purchase as accurately as possible. However, we do not warrant that the prices, quotations, anticipated delivery dates, and descriptions made or referred to by us or any related websites are accurate, complete, reliable, current, or error-free. The prices, quotations and descriptions made on the official Limitless Growth Inc website are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express Acceptance of your order. An order submitted by you only constitutes an offer by you to us to purchase Products or Services subject to these Terms at the price and on the terms stated in the order, and is subject to our subsequent Acceptance, irrespective of whether the button or link you press or activate to submit your order to us includes words such as “complete order” or otherwise indicates that it is the final step in completion of your order. Any order confirmation email received by you prior to our Acceptance shall constitute an acknowledgement of our receipt of your offer only, and not an acceptance of your offer.

 

You acknowledge and agree that if you are placing an order through a website, by clicking or activating the button or hyperlink to submit your order, you are placing a legally binding offer. You consent to: (i) the use of electronic communications in order to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw your consent to electronic contracting and to electronic delivery, but if you do, we may cancel your order and/or your access to our products and services and any Third Party Services you have obtained access to though us. If you do not consent to receive any notices electronically, you must stop utilizing our products and services immediately. Our acceptance of your order only occurs at such time that we have both (a) dispatched your Product order and/or provided you with access to the Services, and (b) received payment of the purchase price of your order through settlement of funds via your provided credit card or other payment method (“Acceptance”). We may cancel your order at any time and for any lawful reason prior to Acceptance. Prior to Acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order. We may keep records of orders received, acknowledgements, acceptances and other contract records after Acceptance for a period not to exceed the maximum period permitted by law.

  • The Purchaser will pay us in full all amounts due for the products(s) and or service(s) purchased hereunder (the “Goods”) at the point of sale or by the 30th day following the delivery date, whichever is specified.
  • The Purchaser may not assign or transfer a quotation or invoice or any rights or benefits thereof, in whole or in part, without our prior written consent, which consent may be arbitrarily withheld.
  • All of our obligations created hereunder are subject at our discretion to approval by a third-party Credit agency.
  • We reserve the right to rescind this invoice at any time prior to the formal acceptance of it by the Purchaser.
  • Unless indicated otherwise on the face hereof, this invoice is supply only and is not subject to any holdback amounts.
  • In the event of a tax change these changes shall be passed along at the new rate in effect, at time of invoice. Seller is not responsible for taxes payable on Exported goods.
  • No certifications are included, unless specified in this invoice.
  • Unless indicated, the cost of bonding is not included.
  • All subcontractors shall be entitled to a minimum of 5 working days from notification of deficient work to complete it.
  • All accepted orders are final, non-cancelable and non-refundable, except as specified in the returns policy applicable to your purchase.
  • Force Majeure: We will not incur any liability whatsoever for any delay or failure to deliver the Goods or for any delay or failure to perform any of our obligations hereunder by reason of transportation delays, strikes, lockouts, lockdowns, accidents, riots, war, acts of nature or other causes beyond our control.
  • Any notice or other communications in relation to these Terms may be given by sending the same by hand delivery, pre-paid post, fax or e-mail:
  1. with respect to notices and communications to you, to the address and contact information you provided in connection with your purchase of Products and/or Services; and
  2. with respect to notices and communications to us, to the address listed at the beginning of these Terms or as otherwise specified in your order confirmation email or notification of Acceptance. These will also be the addresses for service of legal proceedings in the manner prescribed by law.
  • All quotations expire within 60 days of the date indicated on the face hereof
  • Any extension of credit allowed to you may be changed or withdrawn at any time. Interest shall be chargeable on overdue amounts accruing on a daily basis at 24% from the due date for payment until our receipt of the full amount (whether before or after judgment). You shall indemnify us on demand against any out of pocket expenses incurred in relation to recovery of any overdue amounts.
  • We shall have no obligation to make further deliveries until overdue payments, with interest, have been made, and we reserve all other rights and remedies for non-payment.
  • Purchaser agrees to any reasonable modification of delivery schedules made necessary by Purchaser’s late payments, and Purchaser recognizes that the resulting delivery delay could reasonably be much longer than the late payment delay.
  • Except as expressly provided elsewhere in these Terms, payment may be taken in full notwithstanding any claim for short delivery or defects.
  • No counterclaim or set-off may be deducted from any payment due without our written consent. We may also take action against you for the price of Products at any time after payment has become due even though title or rights to those Products may not yet have passed to you.
  • If you elect to use the services of a third party payment or billing provider in connection with your purchase from us, your use of such services will be subject to the third party provider’s own terms and conditions. You may be required to create an account with such third party provider and/or provide that third party provider with your bank account or credit/debit card details. We are not responsible for, and you agree to hold us harmless from and against any liability resulting from, the acts or omissions of any third party payment or billing provider.
  • Unless otherwise stated on the face hereof, any Physical Goods will be shipped F.O.B. our place of business, or the shipping location if not our place of business.
  • Delivery of the Goods will be deemed to occur at the time when we voluntarily transfer possession of the Goods to the Purchaser or the Purchaser’s agents (including any carrier or other bailee, whether named by the Purchaser or not), whichever comes first.
  • The Purchaser agrees that the Goods will be and remain at the risk of the Purchaser from and after the delivery of the Goods to the Purchaser.
  • Title to, property in and ownership of Physical Goods sold to the Purchaser by us will remain with us until all amounts owning to us for the Physical Goods have been paid in full.
  • Title to, and ownership of Physical Goods loaned, rented, lent, leased, or otherwise transferred to the Purchaser but not sold to the Purchaser will remain with us. The Purchaser will be responsible to transfer possession of the Physical Goods back to us at the appointed time or pay all amounts owning to us for the Physical Goods in full by a specified date. Interest shall be charged on all late accounts as per above.
  • Title to, property in and ownership of Intellectual Goods and Property will remain with us and be maintained for our records and for the purpose of ongoing improvement. We do not maintain title or ownership in the Purchaser’s associated private information.
  • The Purchaser will be deemed to have accepted the Goods upon delivery.
  • Any claims for shortages, delays or damages occurring after delivery of Physical Goods will be made by the Purchaser to the carrier directly, with a copy of the claim delivered to us.
  • Any claims against us for failure to comply with specifications, defective work, or shortages in shipment, or for any other reason arising out of this Purchase Order, must be made in writing within 15 days after delivery of the Goods, otherwise any claims shall be deemed to be waived, and Purchaser shall be deemed to have accepted the Goods unconditionally.
  • Physical delivery shall be to a valid address within the Territory submitted by you and subject to Acceptance (“Delivery Address”). You must check the Delivery Address on any order acknowledgement or Acceptance we provide, and notify us of errors or omissions. We reserve the right to charge you for extra costs arising from changes you make to the Delivery Address after submitting an order.
  • Where we deliver Products by installments, each installment constitutes a separate contract and any defect in any one or more installments shall not entitle you to repudiate the contract as a whole nor to cancel any subsequent installment.
  • Save as otherwise provided in these Terms, risk of loss of or damage to the Products passes to you
  1. for Products delivered digitally, upon the provision to you of a download link for Software, or of a license key or Service Use Rights, via email or other electronic delivery method; and
  2. for Products delivered physically, upon delivery of a product to the delivery location (if no signature is required for delivery, you accept all risk of loss for theft or loss of the delivered product following delivery to the delivery location).
  • We shall not be liable and you shall not be entitled to reject Products or Services, except for:
  1. Damage to or loss of Products or any part thereof in transit (where the Products are carried by our own transport or by a carrier on our behalf) for which you notify us in writing of such damage or loss within 5 working days of your receipt of the Products (if damaged) or 5 working days of the anticipated delivery date of the Products (if lost);
  2. Defects in Products (not being defects caused by any act, neglect or default on your part) for which you notify us of such defect within 30 days of your receipt of the Products.
  3. Defective performance of Services (not being defects caused by any act, neglect or default on your part) for which you notify us of such defective performance within 5 days of such defect becoming apparent.
  • We shall not be liable for any damage or losses arising from defective installation of the Products; from the use of the Products in connection with other defective, unsuitable, or defectively installed equipment; your negligence; improper use; or use in any manner inconsistent with the manufacturer’s specifications or instructions.
  • If you refuse or fail to take delivery of Products, any risk of loss or damage to the Products shall nonetheless pass to you, and without prejudice to any other rights or remedies we have:
  1. We shall remain entitled to payment in full for the Products or Services delivered;
  2. We may effect delivery by whatever means we consider appropriate or store Products at your risk, and you shall be liable for, and shall pay on our demand, all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery; and
  3. We shall be entitled 30 days after the agreed date for delivery to dispose of Products in such manner as we determine and may set off any proceeds of sale against any sums due from you.
  • Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you shall not be entitled to reject the Products in whole or in part by reason of short delivery and shall pay in full notwithstanding short delivery or non-delivery unless you notify us in writing of any claim within 10 days of the latest of the date of receipt of the relevant invoice or delivery whereupon you shall pay for the quantity actually delivered.
  • Where there is a shortage or failure to deliver, or any defect in or damage to a Product or Service, we may at our option:
  1. (in the case of Product shortage or non-delivery) make good any such shortage or non-delivery and/or
  2. in the case of failure to perform or defective performance of a Service, make good such failure or defective performance; and/or
  3. in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy:
    1. Replace or repair the Product upon you returning the Product; or;
    2. Refund the price paid in respect of any Products found to be damaged or defective.
  • However, your rights of repair or replacement of any Goods or any part or parts thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where alterations by persons other than any authorized dealer; defects are due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any manufacturers’ instructions and/or specifications or other directions issued or made available by us in connection with the delivered Goods.
  • You will have the benefit of any manufacturer’s, licensor’s or supplier’s warranty provided by the manufacturer, licensor or supplier to you in connection with your purchase.
  • Unless indicated otherwise on the face hereof, installation of the Goods is not included in this invoice. When installation is included it shall be displayed clearly as an item with description and value within the table above.
  • Where any Product supplied is or includes software (“Software”), this Software is licensed to you (and not sold to you) by us or the licensor/owner subject to our or their license agreement or terms included with such Software or presented during your checkout process or software installation process (“License Terms”). In addition:
  • Such Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that
  1. this is permitted in the License Terms, or
  2. applicable law expressly mandates a right which cannot be excluded by contract.
  • Save to the extent provided for in any applicable License Terms, your rights of return and/or to a refund under these Terms and any applicable Returns Policy do not apply in the event that you use the Software.
  • Except to the extent expressly provided by us in writing or under relevant License Terms, Software is provided ‘as is’ without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and we do not offer any warranties or guarantees in relation to Software installation, configuration or error/defect correction unless expressly stated otherwise in your order.
  • No Goods will be accepted for return or credit unless we give prior written consent. We reserve the right to conduct a detailed case audit in order to determine whether or not any given return request is valid, regardless of context or circumstance.
  • NO EXPRESS OR WRITTEN WARRANTY IS APPLICABLE TO THE GOODS OR TO THIS PURCHASE ORDER. NO WARRANTY WILL BE IMPLIED. All implied warranties whatsoever are hereby excluded, including but not limited to the warranty of merchantability, the warranty of fitness for a particular purpose, and any other implied warranty. The Purchaser hereby irrevocably waives any and all rights with respect to any implied terms or warranties under the provisions of the Sale of Goods Act or under any law or legislation of similar effect whether now or hereafter in effect. Without limitation, the Purchaser acknowledges and agrees that there are no written or implied conditions, warranties or guarantees whatsoever that the Goods are merchantable in any respect, are of a particular quality or condition, or fit for any particular purpose.
  • You understand and agree that we are not the manufacturer of the Products we offer for sale through the Property, and are not the operator of Third Party Services for which we offer Service Use Rights for sale through the Property. To the fullest extent permissible under applicable law, the Goods that you purchase from us are provided to you “as is,” and your use is at your own risk. We do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of merchantability, fitness for a particular purpose, noninfringement of Third Party Rights, and any warranties arising from a course of dealing, usage, or trade practice. Some jurisdictions do not allow the exclusion of or limitations on implied warranties, so the above exclusions and limitations may not apply to you. Unless agreed otherwise or required by applicable law, any warranties provided in relation to Products or Services only extend to you on the understanding that you are a user and not a reseller of those Products or Services.
  • We have priced Products and Services available for purchase from us upon the understanding, and you hereby acknowledge the understanding, that to the maximum extent permitted by applicable law, and whether or not the limited remedies provided herein fail of their essential purpose:
  1. our aggregate liability (whether for breach of contract, tort or any other legal theory) shall in no circumstances exceed the amount actually paid by you for the applicable Products and/or Services which give rise to such liability; and
  2. neither we nor our suppliers or licensors shall be responsible or liable to you for any lost profits, cost of substitute goods or services, or any special, incidental, indirect, exemplary, punitive or consequential damages of any description (including without limitation loss or interruption of business) in connection with your use of our website, or any Goods purchased and any use of any Product or Service, however caused and whether based on contract, negligence, tort, warranty, strict liability, or any other legal theory, whether or not we were aware or advised of the possibility of damages, and irrespective of the number or nature of claims.
  • Notwithstanding the foregoing, nothing contained in these terms limit our liability to you for any liability to the extent such liability cannot be excluded or limited as a matter of applicable law.
  • You agree to defend, indemnify and hold harmless us, our subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to
  1. any Products purchased by you in connection with your use of the Goods (including without limitation your use of any Third Party Service(s) for which you purchase Service Use Rights from us), or
  2. the violation of these Terms by you, your employees, consultants, agents, distributors, or customers.
  • To the fullest extent permitted by law and save where expressly set out in any License Terms or elsewhere, we shall have no liability to you in the event of the Products or Services infringing or being alleged to infringe the proprietary rights of any third party. In the event that the Products are or may be the subject of patent, copyright, database right, registered design, trade mark or other rights of any third party, you should refer to the relevant terms of the Product manufacturer and/or licensor/owner. We shall be obliged to transfer to you only such right or title as we have.
  • Our liability is limited to the repair or replacement of defective Goods to the extent that the Purchaser receives the intended Goods. We will not be liable for any personal injuries (including death) to any person or for any other loss or damage, either direct, indirect or consequential, whether to the property into which the Goods are installed or to any other property, whether or not caused or contributed to by any defect in the Goods or by any other reason. Unless approved in writing prior to work being performed all backcharges shall be denied. Limitless Growth reserves the right to review and remedy all backcharges.
  • We will make every reasonable effort to resolve any disagreements that you have with us. In the event that we cannot resolve a disagreement to your satisfaction (or if we cannot informally resolve a concern we may have with you after attempting to do so informally), then you and we agree that except as expressly provided below, any claim, dispute, or controversy you may have against us arising out of, relating to, or connected in any way with these Terms, Limitless Growth, or the purchase or attempt to purchase of any Product(s) or Service(s) through any Limitless Growth solution shall be resolved exclusively by final and binding arbitration administered by a legitimate and acceptable Third Party of our choosing. The language of any dispute resolution procedure or any proceedings will be English.
  • This Section applies to all consumers to the fullest extent allowable by law.
  • You and we both agree that
  1. each of us can only bring claims against the other on an individual basis and there shall be no authority for any claims to be arbitrated on a class or representative basis;
  2. arbitration can decide only your and/or our individual claims, and the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s); and
  3. the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a consolidated, representative, or class proceeding.
  • These Terms set forth the entire understanding between you and us with respect to your use of the purchased Goods, and supersedes any and all prior or contemporaneous communications, agreements, and representations, whether written or oral, related thereto. No amendment to these Terms will be valid unless made in writing and signed by you and us. These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. We may engage the services of subcontractors or agents to assist in the performance of our obligations related to these Terms. You may not assign or transfer your rights under these Terms, and any purported assignment or transfer shall be void. No relaxation, forbearance, delay or indulgence by either you or us in enforcing any of these Terms or the granting of time by either party to the other shall prejudice or restrict such rights and powers. No waiver of any term or condition of these Terms shall be effective unless made in writing and signed by us. The waiver of any breach of any Term shall not be construed as a waiver of any subsequent breach or condition. If for any reason we determine or a court of competent jurisdiction finds that any provision or portion of these Terms to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction:
  1. these Terms will not be affected in other jurisdictions to the extent that such determination or finding has no application; and
  2. in the relevant jurisdiction, the remainder of these Terms (to the fullest extent permitted by law) will continue in full force and effect.
  3. Neither shall you nor shall we be in breach of these Terms in the event that either party is unable to perform its obligations as a result of any reason or condition beyond its reasonable control

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