Terms of Use

Important Information for Ofak Services Users

Summary: These Terms govern the usage of our website and apply to all visitors. By accessing or using this website, you agree to abide by these Terms.

Welcome to the Ofak Services website (the “Website”). Please carefully review our Website Terms of Use (the “Terms”) before continuing to use this Website. THIS WEBSITE AND THE INFORMATION PROVIDED ARE CONTROLLED BY OFAK SERVICES IN CANADA, PLEASE REFER TO OUR WEBSITE PRIVACY POLICY FOR MORE DETAILS. These Terms govern the usage of the Website and apply to all visitors. By continuing to use or access this Website, you acknowledge that Ofak Services has provided valuable consideration by offering this Website free of charge. In exchange for this valuable consideration, you agree to the Terms outlined herein. THESE TERMS INCLUDE AN AGREEMENT TO RESOLVE DISPUTES EXCLUSIVELY THROUGH INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW.

The Terms are designed to protect all Website visitors, and your usage of this Website indicates your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE OR ACCESS THIS WEBSITE. Ofak Services reserves the right, at its sole discretion, to modify, alter, or update these Terms at any time. If you continue to use the Website, please check the footer for notice of any changes to the Terms. If the footer indicates that the Terms have been changed, please review them immediately. By choosing to continue to use or access this Website after we have posted notice of such modifications, alterations, or updates, and after you have had the opportunity to review the revised Terms, you agree to be bound by such revised Terms. In line with our objectives, this Website may provide links to various other websites, which may or may not be affiliated with this Website and/or Ofak Services. These linked websites may have different terms of use or additional terms beyond those specified here. Your access to such websites through links provided on this Website is subject to the terms of use and policies of those websites, not this Website.

PRIVACY: Registration data and certain other information about you are subject to our Privacy Policy. For more information, please review our complete Privacy Policy.

TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS: This Website is controlled and operated by Ofak Services. All content on this Website, including but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights. This content is owned and controlled by Ofak Services or its affiliates, or by third-party content providers, merchants, sponsors, and licensors (collectively referred to as “Providers”) that have licensed their content or the right to market their products and/or services to Ofak Services. Content on this Website or any other website owned, operated, licensed, or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Ofak Services or the Providers. Consent can be requested by faxing a request to Ofak Services at [fax number]. Without the prior written consent of Ofak Services or the Providers, your modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the Ofak Services Website and/or the Provider copyrights, trademarks, or service marks and other proprietary rights, and is prohibited. As a condition of your use of this Website, you warrant to Ofak Services that you will not use our Website for any purpose that is unlawful or prohibited by these Terms, including but not limited to posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, in addition to any other remedies Ofak Services or its Providers may have, your permission to use our Website immediately terminates without the necessity of any notice. Ofak Services retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use any trademarks, service marks, or copyrighted materials appearing on this Website on your website, including but not limited to any logos or characters, without the express written consent of the mark or copyright owner. You may not frame or otherwise incorporate into another website any of the content or other materials on this Website without the prior written consent of Ofak Services.

LINKS: This Website may contain links to other websites (“Linked Sites”). The Linked Sites are provided for your convenience and information only, and as such, you access them at your own risk. The content of any Linked Sites is not under Ofak Services’ control, and Ofak Services does not endorse such content, whether or not Ofak Services is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Website that states or implies any sponsorship or endorsement of your website by Ofak Services, or its affiliates or Providers.

DISCLAIMER OF WARRANTIES AND LIABILITY: THIS DISCLAIMER OF WARRANTIES AND LIABILITY (“DISCLAIMER”) APPLIES ONLY TO YOUR FREE USE OF THE WEBSITE. THIS DISCLAIMER DOES NOT APPLY TO, FOR EXAMPLE, YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM OFAK SERVICES, NOR TO ANY RENTAL. THIS DISCLAIMER ALSO DOES NOT APPLY TO, FOR EXAMPLE, OUR OFFER OR ADVERTISEMENT OF ANY OFAK SERVICES PRODUCT, SERVICE, OR RENTAL, INCLUDING THE CONTENT OF ANY OFFER OR ADVERTISEMENT ON THE WEBSITE. THESE TERMS ARE NOT A CONTRACT FOR SALE, AND THIS WEBSITE IS NOT A “GOOD” WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE. INSTEAD, THIS WEBSITE IS PROVIDED TO YOU FOR FREE. THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. OFAK SERVICES DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER OFAK SERVICES, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT WE MAY CHANGE OR DISCONTINUE THE SERVICES IN OUR SOLE DISCRETION AND WITH NO PRIOR NOTICE TO YOU. You agree that our sole obligation to you is to provide the Website as-is until we decide to modify or discontinue it. You agree that unless we do something that is (a) grossly negligent, reckless, or an act of knowing or intentional misconduct or (b) a violation of a consumer protection statute in connection with the Website, we will not be liable to you or to any third party for your use of the Website.

INDEMNIFICATION: You are fully responsible for your usage of this Website. You may not share your log-in information with anyone else, but if you do, you are fully responsible for their use of the Website as well. You agree to indemnify, defend, and hold harmless Ofak Services and the Providers, as well as their officers, directors, employees, service providers, vendors, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.

THIRD PARTY RIGHTS: These Terms are for the benefit of Ofak Services and its Providers, as well as their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

JURISDICTIONAL ISSUES: Unless otherwise specified, the content contained in this Website is presented solely for your convenience and/or information. This Website is controlled and operated by Ofak Services from its offices within Calgary, AB. Ofak Services makes no representation that the content on its Website is appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials on this Website in violation of Canadian export laws and regulations. These Terms shall be governed by, construed, and enforced in accordance with the laws of the province of Alberta, Canada, as they are applied to agreements entered into and to be performed entirely within such province.

WEBSITE DISPUTES: Website Disputes include: (a) any claim you may have against Ofak Services in connection with the Website, (b) any claim Ofak Services may have against you in connection with the Website, and (c) any action to enforce the Terms or to object to the Terms. All other disputes are Non-Website Disputes. Any claim arising from your purchase of a Ofak Services Product or Service is a Non-Website Dispute. Any claim arising from the content of any offer or advertisement on the Website is a Non-Website Dispute.

WEBSITE DISPUTE RESOLUTION – PRE-DISPUTE RESOLUTION: Before initiating any lawsuit in connection with any Website Dispute (including, but not limited to, in an individual arbitration or in a small claims proceeding), you and Ofak Services agree to give the other party written notice of the claim 30 days before initiating a proceeding. You agree to make a reasonable, good faith effort to resolve the claim during this time. If you intend to assert a claim against Ofak Services, you must send the written notice of the claim to Ofak Services, [address], Attn: Legal Department. If Ofak Services intends to assert a claim against you, a written notice of the claim will be sent to your address as it appears in our records. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF).

WEBSITE DISPUTE RESOLUTION – VENUE: You agree to be subject to the jurisdiction of Alberta for any Website Dispute. You agree that any Website Dispute will be resolved in Alberta to the exclusion of any other potential venue.

WEBSITE DISPUTE RESOLUTION – ARBITRATION, JURY TRIAL WAIVER: Neither you nor Ofak Services will be able to sue in court in connection with a Website Dispute. All Website Disputes must be resolved through individual (non-class) arbitration. By continuing to use the Website after having the opportunity to review these Terms, you indicate your acceptance of these Terms, including this agreement to arbitrate. You and Ofak Services intend for this to be an agreement for arbitration that can be enforced under both Canadian and provincial arbitration laws. You and Ofak Services waive any rights to maintain other available resolution processes for Website Disputes, such as a court action or administrative proceeding, to settle disputes. You and Ofak Services waive any right to a jury trial for Website Disputes. Instead of suing in court, we each agree to settle Website Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in the agreement as a court would. Any Website Dispute shall be determined by arbitration in Alberta before one arbitrator. The arbitration shall be administered by [Arbitration Administration] pursuant to their rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If, for any reason, [Arbitration Administration] cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties. If you are an individual and (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Ofak Services will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation.

WEBSITE DISPUTE RESOLUTION – NO CLASS ACTIONS: You agree that you will not file a class action against Ofak Services or its Providers, or participate in a class action against Ofak Services or its Providers, in any Website Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against Ofak Services or its Providers, in any Website Dispute.

SEVERANCE OF INVALID TERMS: If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Notwithstanding anything to the contrary, if the class action waiver of these Terms is deemed unenforceable, the agreement of the parties to engage in arbitration shall likewise be deemed stricken.

ENTIRE AGREEMENT: The provisions and conditions of these Terms, along with any obligations referenced herein, represent the entire agreement between Ofak Services and you regarding your use of this free Website, its affiliated or related entities, and you. These Terms supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY OFAK SERVICES.

This document constitutes the complete and final agreement between Ofak Services and users of the website. Any questions or concerns regarding these terms should be directed to Ofak Services’ legal department.