DUFORD DIGITAL INC.
Last Update: February 28, 2022
Duford Digital Inc.. (“Duford”, “we”, “us” or “our”) uses its websites https://www.homefortheharvest.com/, https://www.mamasmusthaves.com/, and https://www.kidsclassicalmusic.com/, and their related social media accounts, to provide you with information about our various lifestyle brands, products and services. The Website, together with any information, or any related services provided to you through the Website, are referred to in these Terms as the “Content”.
For the purposes of these Terms, “Website” means, collectively, https://www.homefortheharvest.com/, https://www.mamasmusthaves.com/, https://www.kidsclassicalmusic.com/, and all related webpages, subdomains, social media accounts and websites (including without limitation any mobile optimized website), but does not include any third party websites which are linked to or may link from the Website whether or not such third party websites are used in association with the Content.
Access and Compliance
Modifications to this Agreement; Waiver
Affiliate Marketing and Amazon Associate Program
Duford may earn a small commission when readers access the Website and Content. This doesn’t affect which products are included on the Website or Content. For example, in our articles that recommend and hyperlink to a third party product, we may earn a small commission when users purchase products through those links.
Duford is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a way for websites to earn advertising revenues by advertising and linking to Amazon.com. As an Amazon Associate, Duford may earn, at zero cost to you, commission from qualifying purchases from Amazon.com.
Please visit our Affiliate Disclosure.
Restrictions on Use of the Website and Content
You acknowledge and agree that you are authorized to view the Content and to use the Website and the Content, and that you shall view and use the Website and the Content, for your own personal and non-commercial use only and otherwise only in accordance with these Terms. Except as otherwise set out in these Terms, you acknowledge and agree that: (a) you will not, directly or indirectly, sell, assign, distribute, provide access to, transmit, exploit, copy, modify, publish, republish, reproduce, repackage, retransmit, resell, recompile, decompile, disassemble or otherwise disseminate, the Website or the Content, or any derivative works from the Content, or any portion thereof, in any medium or in any manner whatsoever; and (b) you will not use the Website or the Content to construct a website or mobile application that competes with the Content.
In addition, you shall use the Website and links to other websites from the Website for lawful purposes only and you shall use the Content in accordance with all applicable laws. You may not: (i) attempt to gain unauthorized access to the Website, or computer systems or networks connected to the Website, through hacking, password or data mining, or any other means to circumvent security procedure; (ii) use the Website in any manner that could damage, disable, overburden, or impair the Website or any of the Content, or interfere with any other party’s use and enjoyment of the Website; (iii) access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser; (iv) use any robot, spider or other automatic device, software program or manual process to monitor, copy or interfere with any web pages or the content contained thereon on the Website; (v) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; or (vi) use the Website to execute denial of service attacks.
Under no circumstances will you use the Website or the Content, or any derivative works from the Content, or any portion thereof, in any manner that may infringe any proprietary or intellectual property rights or interests that Duford or any third party may have in the Website or the Content, or any derivative works from the Content, or any portion thereof.
Without limiting the generality of the foregoing, you represent and warrant to Duford that you will not use the Website or Content or any material retrieved from the Content to create products or perform services which compete or interfere with the products or services of Duford.
The Website may be available through or viewed from certain mobile devices. You acknowledge and agree that Duford is not responsible for ensuring that your mobile device’s software is compatible with the Website or that you can use or access the Website and the Content through your mobile device.
General Rules of User Conduct
In using the Website and the Content, you agree not to do any of the following:
- conduct or promote any illegal activities;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- intentionally or unintentionally violate any applicable local, provincial or state, national or international law or regulation;
- attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;
- attempt to gain access to secured portions of the Website to which you do not possess access rights;
- use the Website to generate unsolicited email advertisements or spam; or
- impersonate another user.
Links to Third-Party Websites
The inclusion of any Linked Site is only provided as a convenience, and the inclusion of any link does not imply or otherwise constitute endorsement by Duford of the Linked Site and the content and materials found at the Linked Site, except as specifically stated otherwise by Duford or, explicitly indicated on the Website.
Any purchase or other transaction between you and any third party whose link may be listed on the Website or in the Content is entirely between you and such third party. Payment, delivery and all other dealings are entirely between you and the applicable third party. You agree that we shall not be responsible or liable for any loss, damage or other matters associated with your transaction with any third party and you hereby irrevocably waive, release, agree not to sue, and forever discharge us from and against any and all claims or causes of action arising out of or in connection with any transaction with a third party.
We may provide links through the Website and Content that enable you to visit and interact with our social media accounts, such as Facebook, Instagram and YouTube (“Social Media Accounts”). Certain areas of the Social Media Accounts may enable you to post comments and offer social sharing of the Content by using third party buttons (such as “Like” or “Share” buttons). Third party services are not under our control, and we are not responsible for any third party services’ use of your exported information in relation to the Social Media Accounts.
Accuracy of Information
We work hard to make sure all information provided on the Website is accurate, up-to-date and complete. However, the information and materials on the Website may contain errors or inaccuracies, including both typographical and substantive errors. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the Website and to suspend or deny access to the Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and Duford has no responsibility to update or amend any such information.
The information contained in this Website is for general information and educational purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website and the Content, including any information, products, services, recommendations, reviews, or related graphics contained on the Website for any purposes. It shall be your own responsibility to ensure that any products, services, recommendations, reviews, or information available through this Website and the Content meet your specific requirements. Any reliance you place on such information is strictly at your own risk.
Links to the Website
While we encourage links to the Website, we reserve the right to prohibit or refuse to accept any link to the Website at any time. You agree to remove any link you may have to the Website upon our request.
Digital PDF, Payment Terms
Duford offers digital PDFs available for download, which provides you access to certain additional Content (for example, a seasonal gardening plan) (the “Digital PDF”). By downloading the Digital PDF, you accept our Terms, which includes the payment terms as described below.
There are no account, membership or subscription fees associated with your use of the Website or Content, unless you choose to download the Digital PDF. You agree to pay the fees for the Digital PDF that you purchase through the Website, and you acknowledge and agree that only an adult (a person who has attained the age of majority in their local jurisdiction) can enter into and complete a transaction involving the payment of money.
Our approved third party payment providers, Paypal and/or Stripe, will charge your chosen method of payment for applicable fees in relation to the Digital PDF, plus any applicable taxes we are required to collect.
Duford may change the fee charged for the Digital PDF at any time. We will give you reasonable notice of any pricing changes either by posting such change on the Website.
By signing up to receive our email newsletter, you consent to receive electronic communications from Duford by email (the “Electronic Communication”). You acknowledge and agree that any Electronic Communication satisfies any legal communication requirements, including, but not limited to, that such communication be in writing.
You may opt out of receiving the Electronic Communication at any time by [using the unsubscribe feature located in the footer of such email newsletter or by contacting us by email directly.
Non-Confidentiality and Privacy
Any communications between you and Duford, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying the Website or Content (“Feedback”) will be deemed by Duford to be non-confidential and non-proprietary, and you agree that (a) Duford is therefore not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of any third party and you have all of the necessary rights to disclose the Feedback to Duford, (c) Duford (including all of its affiliates, successors and assigns) may freely use, reproduce, publicize, and you irrevocably assign to us the right to license, distribute, and otherwise commercialize Feedback on the Website, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from Duford or any of the users of the Website.
While we make commercially reasonable efforts to keep the Website secure and protect the data you transmit to us through the Website, information sent or received over the Internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information and as such cannot guarantee the security of the Website or such information and will not be liable for any unauthorized access to or use of the data transmitted via the Website.
Disclaimer of all Representations, Warranties and Conditions
THE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE AND ACCESS TO THE CONTENT ARE PROVIDED ON AN “AS IS”, AS-AVAILABLE BASIS. THE DUFORD PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE WITH RESPECT TO THE CAPABILITY OF THE WEBSITE (INCLUDING WITHOUT LIMITATION WITH RESPECT TO ACCESS TO THE WEBSITE THROUGH ANY MOBILE DEVICE) OR THE ACCURACY OR THE COMPLETENESS OF THE CONTENT PROVIDED THEREON. ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. ANY INFORMATION OR MATERIAL ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND THE CONTENT BY ANY MEANS OF ACCESS WHATSOEVER IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, FAILURE TO TRANSMIT DATA OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, VIEWING, DOWNLOADING, USING OR RELYING ON ANY SUCH MATERIAL. DUFORD DOES NOT WARRANT THAT THE SERVICES PROVIDED HEREIN WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE IS FREE OF OTHER HARMFUL COMPONENTS.
DUFORD DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED, REVIEWED, RECOMMENDED OR OFFERED BY ANY THIRD PARTY THROUGH ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND DUFORD SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
Disclaimer and Assumption of Risks
DUFORD DOES NOT GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, QUALITY, SAFETY, OR TIMELINESS OF THE INFORMATION PROVIDED ON THE WEBSITE AND CONTENT. INFORMATION CONTAINED ON THE WEBSITE MAY CONTAIN ERRORS OR INACCURACIES. ACCESS TO THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. YOU SHOULD NOT ASSUME THAT YOUR USE OF THE WEBSITE AND CONTENT WILL BE ERROR FREE OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION.
DUFORD DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS REGARDING USE OF THE WEBSITE AND CONTENT OR THE INFORMATION PROVIDED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Assumption of Risks
YOU ACKNOWLEDGE AND AGREE THAT DUFORD IS NOT IN THE BUSINESS OF PROVIDING GARDENING, LANDSCAPING, USE OF GARDENING TOOLS AND PRODUCTS, PLANT, EDUCATIONAL, MUSICAL, PARENTING, USE OR REVIEW OF PRODUCTS, NUTRITIONAL, HEALTH, PRODUCT SAFETY, OR OTHER PROFESSIONAL ADVICE. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE THAT THE WEBSITE AND CONTENT MEET YOUR NEEDS AND ARE SUITABLE FOR THE PURPOSES FOR WHICH THEY ARE USED.
UNDER NO CIRCUMSTANCE SHALL DUFORD BE LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY ACTIVITY THAT YOU ENGAGE IN BASED ON ANY INFORMATION OR MATERIAL YOU RECEIVE THROUGH THE WEBSITE OR CONTENT. YOU FREELY ACCEPT AND FULLY ASSUME RESPONSIBILITY FOR YOURSELF, FOR THE INHERENT AND OTHER RISKS (BOTH KNOWN AND UNKNOWN) OF THE WEBSITE AND CONTENT, AND FOR ANY DAMAGE OR LOSS YOU MAY SUFFER RESULTING FROM THOSE RISKS.
YOU HEREBY AGREE AND ACKNOWLEDGE THAT USING THE WEBSITE AND CONTENT INVOLVES MANY RISKS, INCLUDING, BUT NOT LIMITED TO:
Product reviews and safety: you understand that our various product reviews and recommendations provided for on the Website and Content (the “Website Products”) are for general educational purposes only. Duford makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, quality, safety, reliability, suitability, or availability with respect to the Website Products. Your use of any information or materials on this Website or Content, including the use of any Website Products, is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any Website Products or information available through our Website and Content meet your specific requirements. None of the information or material on the Website and Content is to be taken as advice of any kind.
Personal health risks: you acknowledge that there may be health risks associated with the use of any Website Products. You should consult with a physician before engaging in any activity based on any information or material you receive through the Website or Content to ensure it is appropriate for you. You should not rely on this information as a substitute for, nor does it replace, professional medical advice.
Negligence. YOU ACKNOWLEDGE THE RISKS OF NEGLIGENCE ON THE PART OF DUFORD, INCLUDING THE FAILURE ON THE PART OF THE DUFORD PARTIES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT YOU FROM THE RISKS, DANGERS AND HAZARDS OF ACCESS TO OR USE OF THE WEBSITE AND CONTENT. YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
Limitation of Liability and Indemnification
BY ACCESSING OR USING THE WEBSITE OR CONTENT, YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVE, RELEASE, AGREE NOT TO SUE, AND FOREVER DISCHARGE DUFORD AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PROFESSIONAL ADVISORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “DUFORD PARTIES”) FROM ANY AND ALL CLAIMS, LIABILITY, OR RIGHTS OF ACTION YOU MAY HAVE THAT ARE RELATED TO, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED WITH YOUR ACCESS TO, USE, FAILURE TO USE, RELIANCE ON OR MISUSE OF THE WEBSITE AND CONTENT.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND CONTENT AND ANY INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. DUFORD IS NOT LIABLE UNDER CONTRACT LAW, TORT LAW, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE AND CONTENT OR ANY INFORMATION CONTAINED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL DUFORD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR ACCESS TO OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OR ACCESS TO THE WEBSITE, PRODUCT LIABILITY, ANY CONTENT OR ANY LINKS OR FAILURE OF THE WEBSITE OR ANY LINKS OR DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE WEBSITE AND CONTENT, OR ANY LINKS, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE WEBSITE, OR ANY OTHER PECUNIARY LOSS.)
IF, NOTWITHSTANDING THE ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND THE LIMITATION OF LIABILITY IN THESE TERMS, DUFORD IS FOUND LEGALLY RESPONSIBLE TO YOU FOR ANY DAMAGES YOU MAY HAVE SUFFERED ARISING IN CONNECTION WITH YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE, CONTENT OR A LINKED SITE OR FOR ANY REASON WHATSOEVER, THEN DUFORD’S LIABILITY TO YOU SHALL BE NO MORE THAN CANADIAN ONE HUNDRED DOLLARS (CAD$100.00).
THESE LIMITATIONS SHALL APPLY EVEN IF DUFORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access to the Website.
We cannot guarantee that the Website will be available 100% of the time. Although we strive to provide the most reliable website possible, interruptions and delays in accessing the Website are unavoidable and we disclaim any liability for damages resulting from such problems.
The Website and all of the Content are, and at all times remain, the property of Duford. The Website and all of the Content are protected by intellectual property rights owned by Duford. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content.
The Website and Content, including but not limited to any audio, video, icons and images, graphics, images, domain names, business names, site design, words, titles and phrases, as well as the selection, arrangement, and “look and feel” of such Website and Content constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of Duford (collectively, the “Duford IP”) or third parties (the “Third Party IP”). Duford at all times remains the sole owner of the Duford IP.
The display of the Content, the Duford IP and the Third Party IP on the Website does not convey or create any licence or other rights in any of the Content, the Duford IP or the Third Party IP. You acknowledge and agree that you do not acquire:
- any ownership rights in any of the Content, the Duford IP or the Third Party IP;
- any right to use any of the Content, the Duford IP or the Third Party IP for commercial purposes including sale, resale, licence or sublicense; or
- any right to reproduce, distribute, display, post, disseminate, publish, broadcast, or transfer any of the Content, the Duford IP or the Third Party IP.
Use of any of the Content, the Duford IP or the Third Party IP, without the prior written consent of Duford, or third party, is strictly prohibited.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation Canadian export laws and regulations.