Terms of Use

The following document outlines the terms of use of the casaGOODER website. Before using any of the casaGOODER services, you are required to read, understand, and agree to these terms.

Your access to this website, www. casaGOODER.com (the “Site”), provided to you by Abstract to Earth Consultants Inc. (“casaGOODER”) is subject to these legally binding terms and conditions. Please, carefully read all of the following terms of use (the “Terms of Use” or “Terms”) before proceeding. Your continued use of the Site indicates your acceptance of the Terms and that you intend to be legally bound by them. If you do not agree to be bound by these Terms, you should not use this Site. If you consider future amendments made to these Terms of Use to be unacceptable, please do not continue to use the Site.

The parts of these Terms labeled “In Other Words” are provided to help you better understand the content of the Terms of Use. They are provided as a courtesy, are not legally binding, and are not a substitute for reading and agreeing to the entire Terms.

In Other Words: Welcome, by using casaGOODER you agree to all the terms below.

These Terms of Use are a validly enforceable agreement between you (“you”, and also “your” or “yours”) and Abstract to Earth Consultants Inc. (“casaGOODER”). Throughout these Terms, the words “ourselves”, “us”, “we”, and “our(s)” will refer to casaGOODER, its parent, subsidiaries, assignees, successors, affiliates, and/or brands; and also our Site and services, as appropriate in the context of the use of such words. Your use of the Site is entirely at your own risk, for which we shall not be held liable. It shall be your own responsibility to ensure that any Services, Products, or Information available through this Site meet your specific purposes.

Any failure on your part to comply with these Terms of Use may lead to casaGOODER: (i) prohibiting you from using this Site and any related privileges; or (ii) instituting any other remedies casaGOODER or its affiliates, at their sole discretion, deem appropriate. To prevent any breach of the Terms hereof and to enforce any remedy available at law, we shall take any technical, legal, or managerial measures that we deem, in our sole discretion, necessary and appropriate, without prior notice to you or any other user.

casaGOODER Privacy Policy is incorporated herein by reference and forms an integral part of these Terms.

In Other Words: You have read the terms and understood them. casaGOODER can take steps necessary to ensure compliance with the terms.

1. casaGOODER PURPOSE

casaGOODER records and publicizes information and details about Home Goods Suppliers and Home Goods Sellers. These are companies that supply and sell products that are used and needed by Homeowners to repair, maintain, and improve their homes.

casaGOODER helps Home Goods Suppliers connect with Homeowners.
casaGOODER helps Homeowners find Home Goods Suppliers to buy what they need.

The casaGOODER Directory does this. The Directory lists the Companies that sell goods to Homeowners.

In addition to providing a tool for Home Goods Suppliers to publically provide their company details, casaGOODER also allows these companies to promote, publicize any savings or discounts they provide.

2. DEFINITIONS

“Company” means a business or individual acting as a Home Goods Seller or supplier whose information and contact details are posted on the Site or provided to you through your use of the Site.

“Content” means any text, image, audio, video, or other form of data or information that you deliver, upload or transmit to, or in connection with the Site, including but not limited to, ratings, reviews, comments, posts and any profile information that you elect to make public. “User Content” means Content that site users submit or transmit to, or in connection with the Site. “casaGOODER Content” means Content that we create and publish in connection with the Site. “Third Party Content” means Content that originates from parties outside casaGOODER or its users, which is made available through the Site. “Site Content” means all of the Content that is made available in connection with the Site, including your Content, user Content, Third Party Content, and casaGOODER Content.

In Other Words: Content means anything posted on our website.

3. USE OF SITE

Account

  • In order to use part or all of our Services, you may need to create a profile and register on our Site.

Permission to use the Site

  • You are permitted to use the Site subject to the restrictions stated herein. You use the Site at your own risk, including the risk that you might be exposed to Content you may find offensive, indecent, inaccurate, or objectionable. casaGOODER undertakes the protection of the rights of minors and underage persons, and thereby encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by their minors. You hereby represent and warrant that you are at least eighteen (18) years of age, or older, as of the date of first access to our Site and, if you are under such age, are using the Site under the direct supervision of your parent, legal guardian or responsible adult.

In Other Words: You can use casaGOODER unless you are under 18.

Site Access

  • You agree that our Site may not always be error free, continuous or undisrupted. We may update, delete, disable, modify functionalities or otherwise discontinue the Site, at our sole and final discretion, and we do not guarantee that it will always be available, work, or be accessible at any particular time. We cannot guarantee that the Site will work as advertised, or that it will give you the desired results. You agree not to distribute or make available any content found on our Site without our prior written authorization, unless such act is done through sharing functionalities offered by our Service. You are expressly forbidden to make money off of our Site unless you have received prior written permission from us. You agree not to access content through any technology or means other than through our Site or otherwise authorized by us.

In Other Words: You understand that casaGOODER owns the content on its site and you cannot distribute our content without our consent.

Compliance

  • casaGOODER is not responsible for your violation of any laws while using our Site. You must comply with any and all local, provincial, or federal laws regarding your use of our Site, including, but not limited to, reviews and indications of any local service or establishment. We hereby reserve the right (but not the obligation) to remove and/or edit any content you or other user posts on the Site, and we have the right (but not the obligation) to monitor and edit or remove any activity; thereby enacting the necessary measures to moderate any comments and to control user behavior within our Site.

In Other Words: It is your responsibility to be aware of and to comply with your legal obligations.

User Accounts

  • You must create an account and profile and provide certain information about yourself in order to use some features of the Site. You are responsible for the confidentiality of your casaGOODER account password and also for any activities that occur in connection with this account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. In creating your casaGOODER profile, we ask that you provide accurate information about yourself to bring credibility to your contributions on the site. You may not impersonate any other person. If you use a pseudonym as an online name, please note that other site users may still be able to identify you if, for example, you include identifying information in any reviews or if you use the same account information on other sites. Please read our Privacy Policy for more information.

In Other Words: You are responsible for your username and password and will let us know immediately if there is unauthorized use of your account.

Communications from casaGOODER and other users

  • By creating an account, you agree to receive certain communications from the Site regarding your account. For example, you will receive responses to inquiries from companies, confirmation of account creation notifications, and on the status of your reviews, if any. You can also subscribe to emails pertaining to promotions, as well as our e-mail newsletter. You can opt-out of non-essential communications at anytime.

Links to Third-Party Sites

  • This Site may contain links to third-party sites. casaGOODER is not responsible for third party linked sites. Your use of these sites is at your own risk and casaGOODER is not responsible for Third-Party Content or changes to these sites. casaGOODER makes no endorsement about any other website which you may access through this Site. The terms of use and privacy policies of those web sites will likely differ from that of this Site. It is your responsibility to review the terms of use and privacy policy of any Third-Party Site. This Site may contain materials, text or information provided, published or offered by third parties, including but not limited to advertisements, reviews, videos, or postings in on-line community discussions. You agree that casaGOODER shall not have any liability whatsoever to you for any such third party material, data or information.

In Other Words: When you click on a link for another website, you are leaving casaGOODER, and we are not responsible.

Updates

  • casaGOODER hereby reserves the right to update, modify, discontinue or terminate the Site at any time and at our sole and final discretion. Any changes to these Terms will be displayed in the Site, and we may notify you through the Site, by email and/or short message service. Please, refer to the date shown below for the date where effective changes were last undertaken. Your continued use of the Site after the last effective date of amendment to these Terms – either by registration or simple use – indicates your acceptance of any modifications thereto.

In Other Words: Sometimes, we need to update the Terms. You accept the new terms by continuing to use casaGOODER.

Privacy

  • You represent and warrant that you have read and acknowledged the terms of our Privacy Policy. Please take into account that we may need to disclose certain personally identifiable information about you, if we or our affiliates have a good faith belief that such a disclosure is necessary to: (I) take any action regarding factual or alleged illegal or inappropriate activities by your or any user of the Site; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with due legal process, judicial proceeding or other valid government request served on us or our affiliates (e.g. subpoenas, search warrants); and/or (iv) protect our rights, goodwill and assets, or that of our users, affiliates, or the general public. If you use the Site outside of Canada, you therefor consent to have your personally identifiable information transferred to and processed in Canada.

In Other Words: You are also bound to our Privacy Policy.

4. CONTENT

Ownership

  • We own the casaGOODER Content, including but not limited to visual interfaces and graphics, interactive features, design features, compilation, products, computer code, software, Company/user review and ratings, and any and all other multimedia elements and/or components of the Site, excluding any Content provided by you, any User Content, and any Third Party Content displayed there. We own the copyrights, trademarks, trade names, service marks and other intellectual and proprietary rights associated with the casaGOODER Content and the Site throughout the world, which are thereto protected under copyright, trade dress, patent, trademark laws and any and all other applicable intellectual and proprietary rights. As such, you may not reproduce, modify, create derivative works or adaptations thereof, distribute, publicly display or in any way exploit any of the casaGOODER Content, in whole or in part, except as expressly authorized by us or our affiliates. Except as expressly set forth herein, we do not grant you any express or implied rights, authorizations, or licenses. Any and all rights in and to the Site and the casaGOODER Content are ours.

In Other Words: We own the casaGOODER Content. You do not have any license or rights over the casaGOODER content.

Advertising

  • casaGOODER may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. These advertisements may be tailored to the content the Site and Companies shown there, and the nature and extent of such advertising by us is subject to change without prior notice.

Emails

  • You may consent to receiving emails from us that may contain information about our service, advice, promotions, newsletter, savings and discounts, and other relevant content. As our user, you will be able to select the amount and volume of emails received by you. You will be able to unsubscribe from various levels of email communications at anytime.

In Other Words: Please subscribe to our fabulous emails. You can easily unsubscribe at anytime.

Spam

  • casaGOODER and its affiliates take spam seriously, and we encourage you and our users to report any spam activities to us. We will not tolerate, nor allow others to use any information from the Site, for the transmission of unsolicited bulk communication to any of our users or to any third party. You may not access the Site to harvest and/or collect any information about our users, for any purpose, and any commercial communication that you may receive from us and/or our partners, licensors, suppliers and affiliates will clearly indicate measures to stop receiving such communications, including unsubscribe links and appertaining instructions. 5. RESTRICTIONS

You may not use the site to bully other users, upload illegal material, modify site content, send spam or hack into user information.

In connection with your use of the Site, you agree that you shall not:
• Help, motivate, or enable others to infringe these Terms;
• Impersonate any person or entity, including without limitation, a casaGOODER officer or agent;
• Plagiarize or infringe the intellectual property rights of a third party; including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, personality rights or any other intellectual property or proprietary right;
• Use any automated process to obtain, copy, process, access or use our services or any process, whether automated or manual, to capture data or content from any of our users, Content or Services for any reason;
• Collect, receive, transfer or disseminate any personally identifiable information of any user of the Site without the express authorization of the holder;
• Engage in keyword spamming of reviews or profile text, or otherwise attempt to manipulate any Site’s search results, write fake or defamatory Content or trade reviews with other businesses;
• Upload, post or otherwise disseminate any content that: (i) infringes or violates the intellectual property rights of any third party, including any trademark, copyright, trade secret, moral rights, ancillary rights or other rights therefrom, or causes or results in the violation of any applicable law or regulation, (ii) in any way exploits the Site other than as specifically sanctioned by us; (iii) encourages any conduct that could promote or cause discrimination, racism, hatred, harm or violence against any individual or group of persons; (iv) threatens minors in any manner; (v) promotes or encourages illegal, fraudulent or inappropriate activities; and/or (vi) promotes or disseminates any content that is or may be considered obscene, pornographic, inappropriate or otherwise objectionable;
• Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site Content, except as expressly authorized by casaGOODER;
• Remove or modify any watermark, copyright, trademark or other proprietary rights notice that appears on any image, banner, frame, content or portion of the Site or to retrieve or index any portion of the Site;
• Deliver or attempt to deliver, any unsolicited advertising, electronic email, promotion, spam or chain letters;
• Use the Site to give other users any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
• Take any action that will or may cause an unreasonably large load on casaGOODER’s technology infrastructure or otherwise make excessive traffic demands of the Site;
• Bully, intimidate, harass, put undue pressure, initiate a legal action, threaten a legal action against any user of the Site; or
• Use the Site for any purpose that is unlawful or prohibited by these terms and conditions.

You shall not use the Site in any manner that could interfere with any other user’s use and enjoyment of the Site. Furthermore, you may not attempt to gain unauthorized access to any of the Site, services, accounts, computer systems or networks connected to casaGOODER through hacking, password mining or any other means.

casaGOODER reserves the right to decide what data, content, or information is published to, or removed from, the Site that is deemed to violate any of the above restrictions.

6. INTELLECTUAL PROPERTY

Limited License and Copyright

  • Subject to these Terms, you grant casaGOODER a non-exclusive, non-transferable, limited right to access, use, and display this Site and the visible text, graphics or images thereon (the “Materials”) and to view and download the Materials, only in connection with your personal and non-commercial use of the Site. This authorization is not a transfer of title in the Materials is subject to the restrictions in the Terms.

In Other Words: You grant us a limited right to use and display content on casaGOODER.

Trade-marks

  • The trade-marks, logos and company names of casaGOODER or any of its affiliates used on this Site may not be copied, imitated, or used, in whole or in part, without the prior written consent of casaGOODER or any such affiliate. Other products, services, logos, and company names mentioned on this Site may be the trade-marks of their respective owners. Except as expressly provided herein, casaGOODER and its affiliates do not grant any express or implied right or license to you under any intellectual property right, including under any patent, trade-mark, copyright, trade secret, or confidential information.

In Other Words: You won’t copy or use our trade-marks or any other trade-mark on our Site.

Non-infringement

  • You may not post or otherwise make available to the Site any material that is protected by a copyright, trade-mark or other proprietary right without the express permission of the owner. You agree to assume sole liability and to indemnify casaGOODER for any damage resulting from infringement of any third party’s copyrights, trade-marks or other proprietary rights or any other harm resulting from your use of such infringing materials on or in connection with the Site.

In Other Words: Do not post content on casaGOODER posted on another site.

7. LIMITATIONS ON LIABILITY AND DISCLAIMERS

While casaGOODER strives to provide details about the Companies that sell Home Goods, casaGOODER cannot and does not guarantee the accuracy or completeness of the information. casaGOODER relies on the Companies themselves, as they provide the information directly for the Directory.

casaGOODER simply provides a directory service, and does not warrant and cannot warrant the qualifications and experience of any Home Goods Sellers. Nor does casaGOODER warrant any aspect of the products they sell including, but not limited to, quality, safety, or durability of any of the products they sell.

All purchases and any legal, contractual relationships that may be arranged are strictly between the Homeowner and the Home Goods Seller. casaGOODER has no role in the selection, sale, support, or follow-up regarding any product sold by the Home Goods Seller.

In no event shall casaGOODER or its affiliates, agents, licensors, suppliers, subsidiaries, successors and assigns, or their respective directors, officers, employees, agents and representatives be liable to you or to any party for damages of any nature whatsoever arising out of or in connection with the use of this Website, or any other linked web site, including, but not limited to any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, whether based on warranty, contract, tort, or any other legal theory, and whether or not you are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

This is a comprehensive limitation of liability that you agree is fair and reasonable in the circumstances concerning your use of the Website and applies to all harm, liability, injury, loss, cost, expense or damages of any kind whatsoever, including, without limitation, direct, indirect, incidental, special, compensatory, or consequential damages, regardless of how same arise (whether in tort, negligence, statute, contract, common law, equity or otherwise), and whether for or in connection with, without limitation, loss of programs or other data, loss of income, revenues or profits, loss of anticipated sales, loss of opportunities, business interruption, failure to realize expected savings, damage to property, claims of third parties and otherwise.

You specifically acknowledge and agree that casaGOODER is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the casaGOODER Website, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using the casaGOODER Website. You understand and expressly agree that use of the casaGOODER Website is at your sole risk and discretion. You agree to hold casaGOODER and its affiliates and subsidiaries absolutely harmless from, and you covenant not to take any action against casaGOODER and any of its affiliates and subsidiaries for, any claims in any connection with this Website.

casaGOODER’s maximum cumulative liability to you for any losses or damages arising out of or in connection with your access of the site and any services therein shall be limited to: (I) the amount paid, if any, by you to us in connection with the site and any services therein during the 12 months prior to the action giving rise to such liability (if any); or (ii) CDN$50 (fifty cdn dollars), whichever amount results inferior. The use of this site is at your own risk and casaGOODER assumes no liability or responsibility pertaining to the content, your use of the site or the receipt, storage, transmission or other use of your personal information.

In Other Words: We are not the ones responsible if things go wrong while using our Site.

The materials and information accessible through this site may contain inaccuracies and typographical errors. casaGOODER and its affiliates make no representations or warranties about the accuracy or completeness of the materials or information accessible on or through this site, or the reliability of any advice, opinion, statement or other information displayed or distributed through this site. You acknowledge that any reliance on any of the foregoing shall be at your sole risk. casaGOODER will not be responsible to you or any third party for any damages, expenditures, loss of profits, or prospective profits of any kind or nature sustained or arising out of or alleged to have been sustained or to have arisen out of your use of this site.

Your use of our site is at your own risk, and therefore you hereby acknowledge and agree that we supply our services “as is”, “with all faults”, and “as available”, including all content, software, materials, services, functions, and/or information made available through the site. casaGOODER is not responsible for any content or information that you may find undesirable or objectionable. casaGOODER hereby disclaims any and all liability arising out of or related to any purported facts or information and description of any products displayed on our site, including all warranties of any kind, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose or non-infringement. Neither casaGOODER, nor its employees, affiliates, contractors and/or agents warrantee that the site will be error-free, uninterrupted, secure, or produce particular results, that a quote is current, valid and/or un-expired, or that the information obtained therefrom will be reliable or accurate. No advice or information given by casaGOODER or its employees, affiliates, contractors and/or agents shall create a guarantee.

If you are dissatisfied with the site and the content thereon, or the Terms of Use, your sole and exclusive remedy is to discontinue use of the site.

In Other Words: We’re not liable for various things. If you think we are, stop using the site. We are building the best service we can for you but we can’t promise it will be perfect.

8. PROMOTIONS

From time to time, casaGOODER may offer, either on or through the Site, promotions or games (“Promotions”). You agree to release casaGOODER and its agents, advertisers, sponsors and / or promotional partners, from all liability arising from participation in any Promotion located on, or accessed through the Site. You agree to be bound by the rules of any Promotion. If you violate any such rules or guidelines for behaviour posted on the Site, you will be subject to immediate disqualification and will become ineligible to be awarded any prizes. casaGOODER reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification.

9. CANCELLATION

casaGOODER may, at its sole discretion, cancel or suspend any of your privileges related to the use of the Site in whole or in part for any reason, including without limitation, the non-compliance with these Terms of Use, the Consumer Review Guidelines, and Code of Conduct.

casaGOODER is committed to resolving disputes quickly in a cost effective and fair way. Accordingly, you and casaGOODER agree to resolve any dispute that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as casaGOODER and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly.

Get in touch: It is our belief that many disputes can be resolved amicably. We encourage you to contact us by phone or email us before resorting to alternatives.

Improperly Filed Claims

  • Claims you bring against casaGOODER must be resolved in accordance with this Legal Disputes Section. A claim filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. A claim filed contrary to the Legal Disputes Section may allow casaGOODER to recover legal fees provided that casaGOODER has notified you in writing of the improperly filed claim, and you have failed to promptly have the claim withdrawn.

Law and Forum for Legal Disputes

  • This Agreement shall be governed in all respects by the laws of the Province of Ontario, Canada as they apply to agreements entered into and to be performed entirely within Ontario between Ontario residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against casaGOODER must be resolved exclusively by provincial or federal court located in Toronto, Ontario, Canada except as otherwise agreed by the parties. For the purpose of litigation all such claims or disputes, you agree to submit to the personal jurisdiction of the courts located within Toronto, Ontario, Canada.

In Other Words: We prefer that you try to work things out with us first. If you want to sue us, you have to do that in Toronto.

11. GENERAL

These Terms constitute the entire agreement and understanding between you and casaGOODER and governs your use of the Site and services provided therein, superseding any prior agreements between you and casaGOODER. The failure of casaGOODER to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. casaGOODER may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations under these Terms of Use without the prior written consent of casaGOODER, and any such attempted assignment will be void and unenforceable. No waiver by casaGOODER of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. The section and paragraph headings in these Terms are for convenience only and will not affect their interpretation.

Force Majeure

  • casaGOODER will not be liable for any failure to perform our obligations hereunder, where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

Severability

  • If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

Relationship

  • You and casaGOODER are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

In Other Words: These passages are pretty standard and are part of just about every online terms agreement.

12. CONTACT US

If you have any questions regarding these Conditions of use, you can reach us at the following email address:
Abstract to Earth Consultants Inc.
mail@abstracttoearth.com

Contact Us

Date of last update to this policy:
28 January, 2022