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Service Agreement

Website Terms and Conditions of use

Acceptance of the Terms and Conditions of Use

These website terms and conditions of use for cashguard.com (the “Website”), constitute a legal agreement and are entered into by and between you and Cash Guard Corp. (“Company,” “CashGuard,” “we,” “us,” “our”). The following terms and conditions together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use, including the transactional and escrow services described hereunder (the “Escrow Services”), content, tools, features, information and communication accessible by means of or offered on or through the Website.

BY CLICKING TO ACCEPT THESE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS OUR PRIVACY POLICY, AND ESCROW TERMS AND CONDITIONS FOUND AT https://mycashguard.ca/legal-escrow-agreement/, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS THE PRIVACY POLICY OR THE ESCROW TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Cash Guard. If you do not meet all of these requirements, you must not access or use the Website.

  1. Modifications to the Terms and Conditions and to the Website
    1. We reserve the right in our sole discretion to revise and update the terms and conditions in this document from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
    2. The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
    3. Notwithstanding the foregoing, any modifications to the Escrow Terms and Conditions shall not apply to any escrow transactions that have been entered into by users of the Website prior to the date of any such modification and the Escrow Terms and Conditions in effect at the time that any such escrow transaction was entered into shall continue to govern the relationship between users of the Website and us notwithstanding subsequent modifications to the Escrow Terms and Conditions.
  2. Use of Website and Security
    1. The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
    2. The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them.
    3. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
  3. Escrow Services

    1. Cash Guard provides businesses (“Providers”) and customers of such Providers (“Customers” and together with the Providers “Transaction Users,” or “Users”) with the opportunity to have funds payable pursuant to transactions between Transaction Users held and by Cash Guard, as escrow agent (the “Escrow Services”), pursuant to these Terms and Conditions and the Escrow Terms and Conditions (collectively the “Agreement”). The Escrow Services are the only services provided by Cash Guard. CASH GUARD CANNOT AND DOES NOT CONTROL THE CONDUCT, ACTIONS OR INACTIONS OF ANY USER, THE CONDUCT, ACTIONS OR INACTIONS OF ANY THIRD PARTY RETAINED BY ANY USER (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RETAINED BY A USER TO PROVIDE GOODS OR SERVICES TO OTHER USERS), NOR DOES CASH GUARD CONTROL OR SUPERVISE THE PERFORMANCE OF TRANSACTION OBLIGATIONS BETWEEN TRANSACTION USERS. CASH GUARD IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL INTERACTIONS, INCLUDING DISPUTES CONCERNING TRANSACTIONS BETWEEN TRANSACTION USERS. TRANSACTIONS BETWEEN TRANSACTION USERS ARE MADE AT USERS’ OWN RISK. Users are independent from Cash Guard and are not partners, agents, representatives or employees of Cash Guard or otherwise engaged in a joint venture with Cash Guard. Cash Guard is not, and will not be, a contracting party in any agreement made between Transaction Users with respect to services or goods exchanged. For greater certainty, the Escrow Services provided by Cash Guard shall be solely governed by the Agreement and such Agreement shall be deemed independent from goods and services agreements between Transaction Users.

    2. Fees payable by Transaction Users will be those fees posted on the Website https://mycashguard.ca (the “Fee Schedule”) at the time the underlying transaction is initiated and include, for greater certainty, any interest earned on the Escrowed Funds. All fees paid to Cash Guard are non-refundable.

    3. In order to use the Escrow Services:

      • Transaction Users must register for an account on the Website.
      • A Provider or Customer creates transaction specific payment terms and provides other relevant information through screens on the Website, including, account information to which or from which payments will be made by the Provider or Customer, as the case may be (the “Escrow Details”), and agrees to be bound by the Escrow Terms and Conditions.
      • The Provider or Customer that created the Escrow Details invites the counterparty (the “Counterparty”) to review and accept the Escrow Details. The Counterparty reviews and accepts or rejects the Escrow Details and, if accepted, agrees to be bound by the Escrow Terms and Conditions.
      • If the Escrow Details have been accepted by the Counterparty, payment by the Customer to Cash Guard, or its authorized agents, of the amounts to be paid to Cash Guard or its authorized agents, as escrow agent (the “Escrowed Funds”), in the amounts and at the times set forth in the Escrow Details.

      Cash Guard is not liable to any Transaction User if Cash Guard does not provide Escrow Services to a Transaction User as a result of any of the aforesaid requirements not being completed by such Transaction User or a Counterparty in respect of a particular transaction.

    4. The Escrowed Funds will be held by Cash Guard without any interest on the Escrowed Funds being paid or payable to any Transaction User. Interest earned on Escrowed Funds, if any, is earned by Cash Guard as a fee, in addition to transaction fees charged by Cash Guard as described in the Fee Schedule.

    5. Transaction Users are required to agree to the Escrow Terms and Conditions at the time a transaction using the Escrow Services is initiated. The Agreement contains all of the rights and obligations of Transaction Users and Cash Guard regarding the Escrow Services and you are advised and encouraged to review them with legal counsel prior to registering an account through the Website or entering into a transaction with another User and using the Escrow Services.

    6. You may use the Escrow Services only if you are a resident of Canada, have reached the age of majority where you live and you have the ability to enter into legally binding contracts under applicable law. You may not use the Escrow Services if you live in a jurisdiction where use of the Escrow Services or any part thereof is illegal or prohibited. It is solely your responsibility to determine whether your use of the Escrow Services is lawful, and you must comply with all applicable laws.

    7. Cash Guard shall retain the right not to provide the Escrow Services and shall not be liable for refusing to provide Escrow Services, if, for any reason, Cash Guard, in its sole judgment, determines that the Underlying Transaction or performance of the Escrow Services violates the law of any national or subnational body or would cause Cash Guard to be in non-compliance with any applicable anti-money laundering or anti-terrorist legislation, regulation or guideline.

    8. Cash Guard will have no duties or responsibilities with respect to the Escrowed Funds except as specifically set out in the Agreement. If in one or more instances Cash Guard takes any action or assumes any responsibility which it is not specifically empowered to take or assume pursuant to the provisions hereof, neither the taking of such action nor the assumption of such responsibility will be deemed to be an express or implied undertaking on the part of Cash Guard that it will take the same or similar action or assume the same or similar responsibility in any other instance.

    9. Cash Guard may comply with any laws, regulations, orders, rules, directions or guidelines (whether or not having the force of law) of competent authorities which conflict, or might conflict, with any duty or responsibility of the Cash Guard under these Terms and Conditions, and Cash Guard will not be liable if it fails to perform or comply with its duties and responsibilities hereunder by reason of any such conflict or potential conflict, whether such conflict or potential conflict is actual or reasonably apprehended by Cash Guard.

    10. Cash Guard may employ or engage, by contract or otherwise, professional and other consultants and agents, including lawyers and accountants, in order to perform or assist it in the performance of its duties and responsibilities hereunder, and may, but shall not be bound to act upon any such opinion or advice.

    11. In discharging its duties, Cash Guard: (i) may rely on the opinion, advice, recommendation or statement of any professional or other consultant or agent employed or engaged by Cash Guard; (ii) will not be bound to act in accordance with any direction, notice, order or request unless given in writing; (iii) may rely exclusively on any notice, demand, request, letter, certificate, agreement or any other document which Cash Guard believes, in good faith, to be genuine, and Cash Guard will not be required to verify the authenticity, authorization, due execution or validity of any such document or the facts or statements contained therein which Cash Guard may assume to be correct and accurate; (iv) may rely exclusively on any direction, notice, order or request of a Transaction User in respect of all matters arising in respect of Escrow Services, the Escrowed Funds or the Agreement; (v) will not be required to incur any expenditure pursuant to the provisions of the Agreement or to institute, defend or intervene in any legal action to enforce the terms and conditions of these Terms and Conditions or take any other action in relation thereto; (vi) except to the extent arising out of fraud, gross negligence or wilful misconduct, shall not be liable to Transaction Users for: (a) any error in judgement or act done or step taken or omitted by Cash Guard in good faith, or for any mistake, in fact or in law, or for anything Cash Guard may not do or refrain from doing in connection herewith; or (b) incidental, consequential, special or punitive damages, regardless of their cause or whether such damages were foreseeable.

    12. Cash Guard may resign its position and be discharged from all further duties and liabilities in respect of the Escrow Services, Escrowed Funds and Agreement by giving to the Transaction Users notice of its withdrawal at any time. In the event of Cash Guard providing notice of resignation, the Transaction Users shall within ten (10) days appoint a new escrow agent which shall execute, acknowledge and deliver to each of the parties hereto, including Cash Guard, an instrument accepting such appointment. Upon such appointment, Cash Guard will deliver to the new escrow agent the Escrowed Funds and such other documents and information relating to the performance of its duties hereunder which may then be in Cash Guard’s possession and which may be requested by the new escrow agent. In the event Cash Guard has not received notice of appointment of the new escrow agent within the above-stated ten (10) day period, Cash Guard may, in its sole discretion, retain such funds until such time as the Transaction Users appoint a new escrow agent, pay the Escrowed Funds, in trust, to legal counsel jointly appointed by all Transaction Users whom are parties to the underlying transaction, or pay the Escrowed Funds into a court of competent jurisdiction.

  4. Account Registration and Account Activity
    1. In order to use the Escrow Services, you will need to register an account through the Website. By registering an account, you give us permission to disclose the information you provide on your application to register the account to other Users, to make some or all of the information you provide available on the Website, disclose some or all of the information you provide to third parties for verification purposes, and to obtain and use additional information about you in a similar fashion. Cash Guard reserves the right to accept or reject account registrations in our sole discretion for any reason.
    2. If you register for an account on the Website, you:
      • promise to provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available on the Website, including, without limitation, your bank account and other financial information required by Cash Guard in order to facilitate Cash Guard’s performance of the Escrow Services (the “Registration Data“);
      • promise to maintain and promptly update the Registration Data, and any other information you provide to Cash Guard, in order to keep it accurate, current and complete;
      • represent and warrant that you have reached the age of majority where you live, are a resident of Canada for income tax purposes, and have the ability to enter into legally binding contracts under applicable law;
      • accept all risk of unauthorized access to the Registration Data and any other information you provide to Cash Guard. Cash Guard reserves the right to request further information from you at any time, including, without limitation, proof of identification to establish your age and proof that you hold the appropriate permits and licenses as may be required to perform the transaction for which Escrow Services will be provided;
      • will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information, including, without limitation, your bank account information, or your failure to update your Registration Data on a timely basis; and
      • covenant, represent and warrant that the transaction for which Escrow Services will be provided is not illegal or in furtherance of an illegal purpose, does not involve controlled substances, controlled munitions, firearms, explosives, pornographic materials, goods that would violate the intellectual property rights of other persons, sales of all or substantially all of the assets of a business, transfers or issuances of securities in a corporation, limited partnership, or other form of body corporate or asset, or persons with whom citizens or permanent residents of Canada are prohibited from doing business with under the laws of Canada or the United States; and
      • represent and warrant that if the account holder is a corporation, partnership, trust or similar entity, you are an authorized signatory of such person with the authority to sign on its behalf and that all requisite steps have been taken by such person to use the Website and Escrow Services in respect of the Underlying Transaction.
    3. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are solely responsible for any password misuse or any unauthorized access.
    4. You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack.
  5. Vetting and Identification Verification
    1. Cash Guard may, in its sole discretion, conduct a vetting process in connection with a User’s account registration or at any time following account registration in connection with Users’ use of the Website or Cash Guard’s provision of Escrow Services. Such vetting process may include, without limitation, verification of identity of Users and signing officers of incorporated Users, criminal record checks, corporate searches, court searches and bankruptcy searches. Notwithstanding the foregoing, you hereby understand, acknowledge and agree that Cash Guard does not control, endorse, investigate or verify any User, Registration Data or User Content (as defined below) at any time to other Users. All information relating to goods or services provided or requested by Transaction Users and all Escrow Information comes directly from such Transaction Users. Cash Guard does not assume any liability for the accuracy, legality, completeness and timeliness of this information. Cash Guard does not accept any liability arising as a result of a User registering under a false identity or providing false information. Cash Guard strongly recommends that all Users exercise caution and common sense in dealing with other Users and verify the identity of a Counterparty and other information relating to goods and services on offer prior to the exchange of goods or services. The performance of the Escrow services by Cash Guard shall not constitute an endorsement, certification or guarantee by Cash Guard about any User, including the User’s identity, legal status or whether the User is trustworthy, safe or suitable as a Counterparty.
  6. User Conduct

    1. As a condition of your use of the Website, you agree to strictly abide by Cash Guard’s User Code of Conduct, as follow:

      • You will not use the Website in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions.
      • You will not abuse, harass, stalk, threaten, impersonate, or intimidate other Users.
      • You will not post or transmit, or cause to be posted or transmitted, any content that is, in Cash Guard’s sole discretion, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, discriminatory or that infringes the intellectual property rights of any person.
      • You will not communicate with other Users in an abusive or offensive manner.
      • You will not post or transmit, or cause to be posted or transmitted, any Content designed or intended to obtain password, account, or private information from any other User.
      • You will not use the Website to collect usernames, email addresses, financial information or other personal information of Users.
      • You will not post any false or misleading information.
      • You will not create or transmit ‘spam’.
      • You will not create more than one account nor will you register for an account with us on behalf of another individual or entity, other than one for which you are authorized, or impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or attempting to hide your identity.
      • You will not use manual or automated software, devices, scripts robots, offline readers, crawlers or other means or processes to access, “scrape,” “crawl” or “spider” or other such devices or technologies to access the Website (except that the Company grants operators of public search engines a revocable right to use spiders to copy content on the Website for the sole purpose of making publicly available search indices).
      • You will not take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure.
      • You will not interrupt, tamper with, or otherwise interfere with or damage the Website, or any computer software, hardware, servers or networks connected to the Website, or telecommunications equipment, including without limitation, the use of viruses, bots, Trojan horses, worms, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing, or similarly harmful software agents.
      • You will not modify, edit, copy, use, display, rent, lease, loan, sell, distribute, create derivative works of, mirror, reproduce, transmit, publicly display, publicly perform, adapt, publish, reverse engineer, reverse assemble, or frame any aspect of the Website or any of Cash Guard’s trademarks, trade dress, design marks or other proprietary information, including without limitation, the layout and design of any application or website included in the Website, the Company’ s source code or otherwise transfer any right or interest in the Website, without the Company’ s express written consent.
      • You will not sell, assign, or otherwise transfer your account.
      • You will not imply or state that you or the services or goods you provide to Users are endorsed by Cash Guard.
      • You will not adapt, alter, license, sublicense or translate the Website for your own personal or commercial use.
      • You will not use the Website in a manner that is false or misleading (directly or by omission or failure to update information).
      • You will not advocate, encourage, or assist any person in carrying out any of the prohibited conduct in Cash Guard’s User Code of Conduct.

      To report suspected abuse of Cash Guard’s User Code of Conduct or a breach of these Terms and Conditions, please send written notice to Cash Guard by email: [email protected].

    2. You are solely responsible for your interactions with other users of the Website. Cash Guard reserves the right, but has no obligation except as may be contemplated in the Agreement, to review disputes between you and other Users. This includes the right to review any and all documents provided by a User to Cash Guard in respect of the dispute.

  7. USER CONTENT
    1. All content posted or otherwise submitted to the Website including, without limitation, transaction specific information (collectively referred to as “Content”) is the sole responsibility of the account holder from which such Content originates. You understand, acknowledge and agree that you are solely responsible for all Content that you post, or otherwise submit to the Website, including information provided to other Users. If you access the Website from a jurisdiction other than Canada, you agree that you do so on your own initiative, and are responsible for compliance with local laws. We shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or other defects in, the information contained within Content, including, without limitation, information provided by a Transaction User in respect of a transaction. We further make no claim of ownership or interest in your Content, provided that you hereby grant to Cash Guard a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, modify, syndicate, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, make derivative works of and otherwise exploit such Content on, through, or by means of the Website but only to the extent necessary for Cash Guard to perform the Escrow Services.
  8. Intellectual Property Rights and Ownership
    1. You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
    2. The Company name, Cash Guard Corp., and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
    3. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
      1. your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
      2. a reasonable number of copies only may be printed keeping any proprietary notices thereon, which may only be used for lawful use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
    4. Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
    5. If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
  9. Advertisements and Promotions
    1. Cash Guard may run advertisements and promotions from third parties via the Website or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and those third parties. Cash Guard is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of advertisements or third-party information accessible via the Website.
  10. Site Monitoring and Enforcement, Suspension, and Termination
    1. Company has the right, without provision of notice to:
      • Remove or refuse to post on the Website any Content for any or no reason in our sole discretion.
      • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any User.
      • Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.
    2. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PERSON RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PERSONS OR BY LAW ENFORCEMENT AUTHORITIES.
  11. Privacy
    1. By submitting your information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such information in compliance with our Privacy Policy, found at [INSERT LINK TO PRIVACY POLICY], as we deem necessary for use of the Website and the provision of the Escrow Services
    2. By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see [INSERT LINK TO PRIVACY POLICY COOKIES PROVISION].
  12. Geographic Restrictions
    1. The owner of the Website is based in the Province of Alberta in Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
  13. Disclaimer of Warranties
    1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    2. NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    3. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
  14. Limitation on Liability
    1. EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
  15. Indemnification
    1. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your Content, your provision of goods or services to other Users, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.
  16. Governing Law and Dispute Resolution
    1. Any controversy, dispute disagreement or claim arising out of, relating to or in connection with the Website, these Terms and Conditions, the Escrow Terms and Conditions, the Escrow Services or the Escrowed Funds shall be resolved in accordance with the governing law and dispute resolution provisions of the Escrow Terms and Conditions.
  17. Waiver
    1. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
  18. Severability
    1. If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
  19. Entire Agreement
    1. The Terms and Conditions, Escrow Terms and Conditions, Privacy Policy, and [Cookie Privacy Policy] constitute the sole and entire agreement between you and Cash Guard regarding the Website and Escrow Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
  20. Reporting and Contact
    1. This website is operated by Cash Guard Corp. of #120 4954 Richard Road SW, Calgary, AB, T3E 6L1.
    2. Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at [email protected].
    3. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected].

January 1, 2021.