Terms of Use

Last Updated: January 2024

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you and Common Downpour concerning your access to and use of our website. By accessing or using our website, you agree to be bound by these Terms of Use. If you disagree with any part of these terms, you may not access the website.

Use of the Website

You may use our website for lawful purposes only. You agree not to:

• Use the website in any way that violates any applicable federal, provincial, local, or international law or regulation
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
• Attempt to gain unauthorized access to any portion of the website or any systems connected to it
• Use any robot, spider, or other automatic device to access the website
• Introduce any viruses, trojan horses, worms, or other harmful material
• Impersonate or attempt to impersonate Common Downpour, its employees, or any other person

Intellectual Property

Unless otherwise indicated, the website and all content contained therein, including but not limited to text, graphics, logos, images, and software, is the property of Common Downpour or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

You are granted a limited license to access and use the website for personal, non-commercial purposes. This license does not include the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell any content obtained from the website.

Appointment Requests

By submitting an appointment request through our website, you understand that:

• Appointment requests are not confirmed until you receive confirmation from us
• We reserve the right to decline or cancel any appointment request
• Prices displayed on the website are subject to change
• You are responsible for providing accurate contact information
• Repeated no-shows may result in restrictions on future booking

Disclaimer of Warranties

The website is provided on an "as is" and "as available" basis. Common Downpour makes no warranties, expressed or implied, regarding the website's operation or the information, content, or materials included therein.

We do not warrant that:

• The website will be uninterrupted or error-free
• Defects will be corrected
• The website is free of viruses or other harmful components
• The results of using the website will meet your requirements

Limitation of Liability

In no event shall Common Downpour, its directors, employees, or agents be liable for any indirect, consequential, special, incidental, or punitive damages arising out of or related to your use of the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

Our total liability to you for any claims arising from your use of the website shall not exceed the amount you paid to us, if any, for services during the twelve months prior to the claim.

Indemnification

You agree to defend, indemnify, and hold harmless Common Downpour and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms of Use or your use of the website.

Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by Common Downpour. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

Governing Law

These Terms of Use and your use of the website shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Changes to Terms

We reserve the right to modify or replace these Terms of Use at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our website after those revisions become effective, you agree to be bound by the revised terms.

Severability

If any provision of these Terms of Use is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Contact Information

If you have any questions about these Terms of Use, please contact us at:

Common Downpour
247 Wellington Street
Toronto, ON M5V 3C7
Canada
Email: [email protected]