We welcome you to our website for the Rob Stewart Sharkwater Foundation (“Foundation”) available at https://RobStewartSharkwaterFoundation.org (the “Website”). Please read the following Terms of Use (“Terms of Use”) before using the Website to make a donation or making a purchase, or other services available through the Website (“Services”). By accessing and using the Website or the Services, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, you should not access the Website nor download any part of its content.
Each time you make a purchase you agree to the then-most current terms of use.
OWNERSHIP/RESTRICTIONS ON USE
The Website is owned and operated by the Rob Stewart Sharkwater Foundation. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this Website are proprietary to Rob Stewart Sharkwater Foundation, its affiliates and/or third-party licensors. The Content is protected by Canadian and international intellectual property laws. Except as set forth herein, you may not use, modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Rob Stewart Sharkwater Foundation under licence.
Except as set forth herein, you may not use, modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Rob Stewart Sharkwater Foundation. You may download, print and reproduce the Content, in whole or in part, for your own non-commercial (e.g., informational or educational) purposes provided that you agree to maintain any and all copyright or other proprietary notices contained in such Content, and that you attribute ownership of such Content to Rob Stewart Sharkwater Foundation as applicable; provided, however, that you may not use, modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content related to the film Sharkwater without the express prior written consent of Rob Stewart Sharkwater Foundation. Further, you agree not to edit, alter or modify the Content and any such use of the Content shall not be derogatory or harmful in nature. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Sharkwater. To obtain written consent for such reproduction, please contact us at info@RobStewartSharkwaterFoundation.org.
Unless otherwise specified, the Website is for your personal and non-commercial use and for purely informational purposes.
ACCURACY OF INFORMATION
Although Rob Stewart Sharkwater Foundation takes all possible steps to ensure the accuracy of the information or Content included on this Website, no assurance is given that information or material on this Website is up-to-date, accurate, error-free or complete. Rob Stewart Sharkwater Foundation takes no responsibility for errors or omissions in the information or Content of this Website. We reserve the right to correct, change or update information at any time without prior notice.
REGISTRATION AND PASSWORDS
To access certain portions of the Website, you may be asked to complete an online registration form. In consideration for your use of this Website and the Services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes. As part of the registration process, you may be asked to provide a user name or password. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Website under such password or user name. You agree to immediately notify Rob Stewart Sharkwater Foundation of any unauthorized use of your password or user name or any other breach of security.
PURCHASE
When the Foundation promotes items for purchase, we may also include details relating to the specific product or service (“Product Details”). If you decided to purchase a product, you agree specifically to the Product Details and these Terms of Use, that collectively constitute your agreement with the Foundation. Both the Product Details and a link to these Terms of Use will be provided to you by email in an order confirmation (the “Order Confirmation”).
DONATIONS
You may make a donation to the Foundation through the Website or through a partner website. All donations are made and processed through a third-party payment service (for example, PayPal). The Foundation may use your donation at its discretion to achieve its stated objectives, including any legal reporting requirements. Your donation is immediate and cannot be cancelled or refunded. Please consult your tax or financial advisor for specific questions about your donation.
Prices, payment and billing
The Foundation strives to provide accurate information about its products and any related pricing, but errors may occur. We reserve the right to correct any errors in our products or pricing and to modify the prices of products at any time, without prior notice. We cannot confirm prices until after you submit an order for the product. Prices quoted are payable in U.S. Dollars unless otherwise displayed at check-out.
Without limiting the generality of these Terms of Use, in the event that the price or the Product Details (as described on the Website and/or the Order Confirmation you receive) is incorrect due to an error in pricing or Product Details, we may, at our sole discretion, refuse or cancel your order, whether before or after the Foundation’s acceptance thereof. If there is such an error in pricing, we will cancel your order and reverse any charges that have been applied. We will then contact you to ask you to place a new order for the product at the correct price.
In order to make a purchase or donation, we may ask you for a method of payment, such as a credit card. The cardholder and the purchaser must be one and the same person. When you make a purchase or donation, you authorize us (or our partners) to bill your payment method on file in your account at the advertised price plus any applicable taxes or fees.
We value your security and privacy with all online transactions. We use Secure Sockets Layer (“SSL”) technology to protect the security of your credit card information as it is transmitted. SSL is the industry standard for secure commerce transactions. It mitigates the risk of your personal information from being read by someone else as it travels across the Internet. All of your personal information is encrypted, including credit card number, name and address. Nevertheless, there are certain risks associated with using the Internet.
Your billing date or donation date, as applicable, will depend on when you transact online, and we will bill you based on that date (or the closest business day).
If we are unable to charge your billing method for any reason, such as an expired credit card or insufficient funds, we may continue trying to bill your payment method. Your billing date may change if your payment method settles after you originally made the transaction.
To ensure that your product is purchased or your donation is received, make sure your payment method on file in your account is valid and up to date.
electronic contracting
You hereby consent to the exchange of information and documents between you and the Foundation over the Internet or by email and that these Terms of Use (together with any applicable Order Confirmation(s)) in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LINKING
We may offer links on the Website to websites, including social networking websites, donation partners, etc. which are owned and operated by third parties. We provide these links as a convenience to our visitors. We do not review the content of such websites, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party websites. You assume full responsibility for your use of third party websites. Such websites are governed by terms and conditions different from those applicable to this Website, and we encourage you to review the terms and privacy policies of those third parties before using their websites.
DISCLAIMER / LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Although we strive to update and keep the Content contained on the Website accurate as much as possible, errors and/or omissions may occur.
ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ROB STEWART SHARKWATER FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ROB STEWART SHARKWATER FOUNDATION DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL ROB STEWART SHARKWATER FOUNDATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR SERVICES, EVEN IF ROB STEWART SHARKWATER FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to indemnify and hold harmless Rob Stewart Sharkwater Foundation, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (a) any Material you (or anyone acting under your password or user name) submit, post, transmit or make available on the Website and/or (b) your (or anyone acting under your password or user name) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use.
PRIVACY
Please review our Privacy Policy at [insert link] for details on the manner in which we collect, use, disclose and otherwise manage personal information.
CHANGES AND TERMINATION
The Rob Stewart Sharkwater Foundation reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, Rob Stewart Sharkwater Foundation reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Rob Stewart Sharkwater Foundation to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Website, or (3) any Content available through the Website, is to stop visiting and using the Website.
TRADEMARKS
Rob Stewart Sharkwater Foundation is a trademark of The Rob Stewart Foundation. Other marks, graphics, typefaces, trade dress, trademarks and logos appearing on the Website are property of Rob Stewart Sharkwater Foundation or of their respective owners. Our trademarks, trade dress and other intellectual property may not be used in any manner for any purpose without our express written consent.
APPLICABLE LAWS
Unless the applicable laws of your jurisdiction require that the laws of such jurisdiction govern, these Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario.
If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and any and all other legal notices or statements posted on the Website, including the Privacy Policy, constitute the entire agreement between you and Rob Stewart Sharkwater Foundation with respect to the use of the Website, including the Content.
NOTICE
Notices to you may be made via email or regular mail or, in cases of changes to these Terms of Use or to the Services offered by the Website, by posting notices or links to such notices on the Website itself. If you have any questions or comments regarding these Terms of Use please contact us at info@RobStewartSharkwaterFoundation.org.
Last Update: June 1, 2019
