SNOWBERRY CONSULTING LTD. DISCLAIMER & GENERAL TERMS
The content on the Snowberry Consulting Ltd. and the “csccertification.com” website is provided as a general informational service to our clients and site visitors. The information contained on this website is not intended to be nor does it constitute legal advice. While we attempt to update our site regularly, the information does not necessarily reflect the most current legal or legislative developments. You should not act or refrain from acting based upon information provided on this site without first consulting legal counsel of your choice.
ATTORNEY - CLIENT RELATIONSHIP CLARIFICATION
Snowberry Consulting Ltd. does not provide legal services or legal advice. The relationship between Snowberry Consulting Ltd. and its clients is not an attorney-client relationship. Advice and communications between Snowberry Consulting Ltd.'s directors, employees, affiliated consultants and clients will not be afforded the protection normally afforded to communications between attorneys and clients under the attorney-client privilege. Snowberry Consulting Ltd. interprets and adheres to all privacy and communication legislation including BC’s Freedom of Information and Protection of Privacy Act (for public bodies), BC’s Personal Information Protection Act and others including Canada’s Anti-Spam Legislation and the Personal Information Protection Electronic Documents Act.
EMAIL
Please use caution when sending information electronically. E-mail via the Internet is generally not a secure form of communication, and the contents of your e-mail to us may be intercepted and read by third parties. Thus, we recommend you do not send sensitive or confidential information via an e-mail message without contacting a member of Snowberry Consulting Ltd. staff to arrange for a secure transmission or are using an approved Canadian file transfer service.
WARRANTIES AND REPRESENTATIONS
This website and the information contained within is provided "as is" without warranty 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. Snowberry Consulting Ltd. is not responsible for any technical inaccuracies or typographical errors in associated blog, publications, reports, assessments or site contents. Changes are regularly made to the information herein; these changes will be incorporated in new editions of the publications and records provided. With regards to all content posted on our website, including but not limited to client testimonials, portfolio case studies, news releases, blogs, newsletters, checklists, best practices, etc., past results do not predict future outcomes as each situation is unique to each client.
RELATED BUSINESS DISCLOSURE
Disclosure is hereby made that Snowberry Consulting Ltd. is from time to time is subcontracted to provide services to other consulting firms and consultant agencies. Additionally, one or more Snowberry Consulting Ltd., employees may work on specific engagements, which may be considered a conflict of interest for new or prospective client interests. Snowberry Consulting Ltd. commits to disclose any perceived or potential conflict, and should any conflict be apparent or confirmed Snowberry Consulting Ltd. will not engage new business with new clients subject to the conflict, while protecting the confidential interests and identity of the originally contracted client.
OUR PUBLICATIONS
The Snowberry Consulting Ltd. website and publications should not be construed as legal advice on any specific facts or circumstances. Their contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Snowberry Consulting Ltd., to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our "Contact" form, which can be found on this website. The mailing or distribution (electronic or otherwise) of our publications is not intended to create, and receipt of them does not constitute, an attorney-client relationship. The views set forth in our publications are the personal views of the author and do not necessarily reflect those of the firm or the other professionals with whom the author is associated.
SNOWBERRY PRODUCTS OR OTHER SERVICES
Certain products or services may be available exclusively online through this website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, although we fully intend to manage and meet all expectations within reason and with clearly drafted communication and mutually agreed work plans and pre-communicated expectations. Any errors in the service will be corrected outside of agreed terms of the consulting agreement and contract, in the best interests for the client and the consultant.
OPTIONAL TOOLS & RESOURCES
We may provide you with access to third-party tools and resources (like project management tracking software or online records management) or government legislation guidance documents or best practice policies and procedures, that we neither monitor nor have any control nor input. By using these tools, you acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools and resources. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
EXTERNAL LINKS
This site may contain links to other websites. Snowberry Consulting Ltd.is not responsible for the privacy policies associated with external websites. Please consider learning about the privacy policies of those entities before providing personal, proprietary or confidential information. In addition, links to third-party sites or information are not intended as, and should not be interpreted as an act of constituting or implying Snowberry Consulting Ltd. is solely endorsing or recommending third-party information, products, or services, we simply intent to provide tools and resources we use professionally and personally, and have provided third-party affiliate code herein, which should be referenced directly to those third party resources, services and sites.
CSC CERTIFIED /CSC CERTIFICATION/ CLEAN SAFE COMPLIANCE CERTIFIED PROGRAM - ADDITIONAL TERMS & CONDITIONS
1. DEFINITIONS:
A. “Affiliate” means any legal entity (including investment fund(s) managed by Client) that is directly or indirectly controlled by, controlling or is under common control, with Client, provided that “control” means ownership or control of more than a 50% interest of another legal entity or the ability to direct the decision, management, policies and/or actions of such legal entity, by ownership interests, contract or otherwise.
B. “Client” or “Company” means the individual, sole proprietor, corporation or entity that purchases any Snowberry Consulting Ltd. dba CSC Certification/CSC Certified or Clean Safe Compliant Certification consultation session, CSC Certified Program or CSC-specific policies and procedures as advertised and sold on the www.csccertification.com” site.
C. “Information” refers to the materials and any other information or documentation, including the certification declaration and process provided to Client related to, or resulting from, the services provided by SNOWBERRY CONSULTING LTD dba CSC CERTIFIED / CSC CERTIFICATION / CLEAN SAFE COMPLIANT CERTIFIED as detailed on www.csccertification.com to Client in connection with the transaction. Information does not include information which:
(i) is or becomes available to the public other than as a result of a breach of this Agreement;
(ii) becomes available to, or at the time of disclosure is already in the possession of, Client or any of its Representatives, from a source other than SNOWBERRY CONSULTING LTD. or Client; provided that, either
(1) to the knowledge of Client or any such Representatives (as the case may be), such source is not prohibited from disclosing such information, directly or indirectly in violation of any confidentiality obligation owed to SNOWBERRY CONSULTING LTD. or Client, or
(2) such information does not mention SNOWBERRY CONSULTING LTD. or identify SNOWBERRY or CSC CERTIFIED / CSC CERTIFICATION, expressly or implicitly, as its source; or
(iii) is independently developed by Client or any of its Representatives without use of or reference to any Information provided by SNOWBERRY CONSULTING LTD. under this Agreement.
2. Without prior written consent of SNOWBERRY CONSULTING LTD., Client will not, in whole or in part, disclose the Information to any other party, or refer to or attribute the Information to SNOWBERRY CONSULTING LTD..
3. Should the Client be unsatisfied with the documentation provided and or require additional resources and support, the Client agrees communicate clearly and professionally any needs, concerns or questions to SNOWBERRY CONSULTING LTD. so an appropriate remedy and mutually agreeable solution may be found for bothe parties. . False representation or misrepresentation of the work and Information provided will be treated with the highest level of prudence to protect the professional name and positive reputation of SNOWBERRY CONSULTING LTD.
4. Client further agrees that:
(i) the Information was developed by SNOWBERRY CONSULTING LTD. for the exclusive, internal use of Client, except where documentation is intended for public viewing and disclosure;
(ii) the Information is incomplete without associated verbal or virtual consultation discussion between SNOWBERRY CONSULTING LTD. and Client;
(iii) Client is responsible for conducting its own investigation with respect to the Information and expressly agrees that SNOWBERRY CONSULTING LTD. has not taken account of confidential, employment, health & safety, or other extenuating matters or issues that which are relevant and present to Client;
(iv) that SNOWBERRY CONSULTING LTD. makes no, and hereby disclaims all, representations or warranties, either express or implied, to Client with respect to the Information, including the accuracy or completeness thereof; and
(v) SNOWBERRY CONSULTING LTD. has no obligation to notify Client if any matters or information come to SNOWBERRY CONSULTING LTD.’s attention which might affect the continuing validity of the data, analysis or conclusions in the Information, unless the Client purchases the Post-Activation Assessment Review as advertised on the www.csccertification.com site.
5. Client agrees and acknowledges that, for the reasons above and other reasons, it is unreasonable for Client to rely on the Information to make any decision, reach any conclusion, and/or take or refrain from taking any action whatsoever. To the extent Client does rely on the Information, it does not guarantee any success or verification of government inspections, and implements and interprets all Information entirely at its own risk.
6. For receiving the Information at a significantly low to minimal expense, far below any industry standard amount for similar consulting work or assignments , to the maximum extent permitted by law, Client hereby waives any rights, claims or causes of action it may have at any time against SNOWBERRY CONSULTING LTD. with regard to the Information, including the accuracy or completeness thereof. Client agrees not to sue or participate in any way (except as required by a validly issued court order or subpoena) in any litigation, dispute or cause of action against SNOWBERRY CONSULTING LTD. arising out of or related to the Information. Client acknowledges that SNOWBERRY CONSULTING LTD. does not owe or accept a duty to Client, whether in contract or in tort or however otherwise arising.
7. These terms and conditions constitute the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, negotiations, and representations, whether written or oral, relating to its subject matter.
8. The provisions of these terms and conditions are severable. If any provision hereunder is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will continue in full force and effect to the fullest extent permitted by law.
9. It is agreed that no failure or delay by SNOWBERRY CONSULTING LTD. in exercising any right, power or privilege hereunder will operate as a waiver thereof nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
10. SNOWBERRY CONSULTING LTD., without prejudice to any rights to judicial relief it may otherwise have, will be entitled to seek injunctive or judicial order relief or other equitable relief where available, in the event of any breach of the provisions of these terms and conditions. Client agrees that it will not oppose the granting of such relief on the basis that SNOWBERRY CONSULTING LTD. has an adequate and equitable remedy available.
11. Access to the Information does not grant to Client
(i) any license under any copyrights, patents, trademarks, trade secrets or other proprietary rights to use or reproduce any of the Information, or
(ii) any rights in the frameworks, methodologies, analytical tools and industry data and insights used or developed by SNOWBERRY CONSULTING LTD. in preparing the Information or otherwise contained therein. In particular, Client agree not to remove any proprietary rights legend from the Information and upon request Client will add any proprietary logos, images and use rights statements as requested by SNOWBERRY CONSULTING LTD. to the Information.
12. The Province of British Columbia will have exclusive jurisdiction in relation to any claim, dispute or difference arising out of or in connection with these terms and conditions and any matter arising from them. These terms and conditions constitute a service agreement between SNOWBERRY CONSULTING LTD. dba CSC Certification/CSC Certified and the Client for services and fees detailed on the www.csccertification.com site, in accordance to the Business Corporations Act of the Province of British Columbia.