Terms of Use
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and BURSTING SILVER (“Company,” “we,” “us,” or “our”), concerning your access to and use of the www.burstingsilver.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
By accessing the Site, you confirm that you have read, understood, and agree to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are incorporated herein by reference. We reserve the right, in our sole discretion, to modify these Terms of Use at any time. Any changes will be indicated by updating the “Last Updated” date at the top of this document. Your continued use of the Site constitutes acceptance of such changes.
The Site is intended for users in jurisdictions where its use is lawful. If you access the Site from outside Canada, you are responsible for compliance with local laws.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property. All source code, databases, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos (collectively, “Content” and “Marks”) are owned or licensed by us and are protected under Canadian and international copyright, trademark, and intellectual property laws.
You are granted a limited license to access and use the Site for personal, non-commercial purposes. Except as permitted by these Terms of Use, no Content or Marks may be reproduced, distributed, or exploited without our prior written permission.
User Representations
By using the Site, you confirm that:
You have the legal capacity to agree to these Terms of Use.
You are not a minor in your jurisdiction of residence.
You will not use automated means (bots, scripts, etc.) to access the Site.
You will not use the Site for illegal or unauthorized purposes.
Your use of the Site complies with all applicable laws.
We reserve the right to suspend or terminate your access if you violate these representations.
Prohibited Activities
You may use the Site only for its intended purpose. You must not:
Engage in unauthorized commercial activities on the Site.
Circumvent, disable, or interfere with security-related features.
Upload harmful or malicious content.
Submissions
Any questions, feedback, or suggestions you provide to us are considered non-confidential and become our sole property. You waive any moral rights to such submissions.
Site Management
We may monitor the Site for violations, restrict access, remove harmful content, and take legal action where appropriate.
Term and Termination
These Terms of Use remain in effect while you use the Site. We may terminate or suspend your access at any time without notice for any violation. Upon termination, you are prohibited from creating a new account or accessing the Site in any manner.
Modifications and Interruptions
We reserve the right to change or discontinue any aspect of the Site without notice. We are not liable for downtime, interruptions, or loss of access.
Governing Law
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein, without regard to conflict of law principles.
Dispute Resolution — Binding Arbitration
If informal resolution is not possible, disputes will be resolved through binding arbitration under the National Arbitration Rules of the ADR Institute of Canada, Inc. (“ADRIC”), which are incorporated by reference.
Unless otherwise agreed, arbitration will take place in Calgary, Alberta, Canada, in English. The decision of the arbitrator will be final and binding.
Either party may seek to enforce an arbitration award in the courts of Alberta.
Restrictions
Arbitration will be conducted on an individual basis — no class actions or representative claims are permitted.
Exceptions to Arbitration
This arbitration requirement does not apply to:
Disputes regarding intellectual property rights
Claims for injunctive relief
Allegations of theft, piracy, or unauthorized use
Corrections
The Site may contain typographical errors or inaccuracies. We reserve the right to correct such errors without prior notice.
Disclaimer
The Site is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied, to the fullest extent permitted by law.
Limitation of Liability
We are not liable for any indirect, consequential, incidental, special, or punitive damages arising from your use of the Site. Where applicable law does not allow certain limitations, they may not apply to you.
Indemnification
You agree to indemnify and hold harmless Bursting Silver, its affiliates, officers, employees, and agents from any claims or damages arising from your use of the Site or violation of these Terms.
User Data
We may store and use data you provide for the purpose of operating the Site. We are not liable for loss or corruption of such data.
Electronic Communications
You consent to receive communications from us electronically and agree that such communications satisfy any legal requirement that they be in writing.
Miscellaneous
These Terms of Use constitute the entire agreement between you and us regarding the Site. If any provision is deemed unenforceable, the remaining provisions remain in effect.
Contact Us
If you have questions or complaints regarding the Site, you may contact us at:
Bursting Silver
2282, 246 Stewart Green SW
Calgary, Alberta, T3H 3C8
Phone: 1-844-515-5955
Email: [email protected]
Website: www.burstingsilver.com