Terms of service

OVERVIEW
This website is operated by 13887316 Canada Inc., doing business as Orbital Sandblasting. Throughout the site, the terms “we”, “us”, “our”, "Seller" and "Orbital Sandblasting" refer to 13887316 Canada Inc. Orbital Sandblasting offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, distributors, resellers, customers, merchants, and/ or contributors of content. "Buyer", "you", or "Customer" means the individual, company, corporation, partnership, or other legal entity purchasing goods, products, or services from us through this website or portal, including any entity submitting a Purchase Order that is fulfilled by us.
If you are accessing this website, purchasing online, submitting a Purchase Order, or otherwise accepting these Terms of Service on behalf of a company, corporation, partnership or other legal entity, you represent and warrant that you have the legal authority to bind that entity to these Terms. In such an event, "Buyer" will refer and apply to that entity. If you do not have such authority, you must not accept this agreement and may not purchase goods from the Seller.
These Terms govern all sales made through this website and all orders accepted by Orbital Sandblasting. Any additional, inconsistent, or conflicting terms contained in any Purchase Order, acknowledgment, vendor portal, receipt, or other communication from Buyer are expressly rejected and have no force or effect unless expressly agreed to in a writing signed by an Orbital Sandblasting representative.
The products offered through this website are intended primarily for commercial and industrial use by trained business users. Buyer represents that it is purchasing the products for business or industrial purposes and not for personal, family, or household use, unless Seller expressly agrees otherwise in writing.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you. 

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Any performance figures, operating ranges, battery-life estimates, environmental tolerances, or compatibility statements are based on Seller’s testing, assumptions, or expected operating conditions and may vary depending on equipment, installation, interference, operator practices, maintenance, and site conditions. Radio frequency (RF) interference from other wireless equipment, metal structures, atmospheric conditions, or nearby transmitters can affect performance and you acknowledge you are responsible for evaluating suitability in the specific RF environment.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PAYMENT TERMS AND TAXES
Unless payment is required at checkout, invoices are due within 30 days from invoice date. Overdue amounts bear interest at the lesser of 2% per month or the maximum amount permitted by law. Buyer shall reimburse Seller for reasonable collection costs, including legal fees, incurred in collecting overdue amounts.
All prices are exclusive of applicable sales, use, excise, value-added, goods and services, harmonized sales, withholding, and similar taxes, all of which shall be paid by Buyer, excluding taxes based on Seller’s net income. 

SECTION 6 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
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 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, or that any errors in the Service will be corrected.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 
For more details, please review our Refund Policy.

SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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.
Any use by you of the 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.

SECTION 9 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://orbitalsb.com/policies/privacy-policy

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. The foregoing disclaimer is subject to and qualified by the terms of Seller's Limited Warranty Policy, available here, which sets out the sole and exclusive warranty provided by Seller.
Buyer acknowledges that operation of abrasive blasting equipment involves serious hazards and requires trained personnel, proper supervision, appropriate personal protective equipment, and compliance with applicable laws, regulations, and workplace safety procedures. Buyer is solely responsible for ensuring that each installer, operator, supervisor, reseller, and end user of the Wireless Deadman System has read and understood all manuals, warnings, labels, setup instructions, maintenance procedures, and testing requirements supplied by Seller before installation, operation, resale, or use.
In no case shall Orbital Sandblasting, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In no event shall our total aggregate liability to you for all damages, losses, and causes of action exceed the total amount paid by you in the prior 12 months, if any, for the specific product giving rise to the claim.

SECTION 15 - FIRMWARE AND INTELLECTUAL PROPERTY
The Wireless Deadman System contains embedded firmware ("Firmware") developed and owned exclusively by 13887316 Canada Inc., operating as Orbital Sandblasting. The Firmware is licensed, not sold. Buyer acquires no ownership interest in the Firmware by virtue of purchasing the hardware on which it is recorded. All intellectual property rights in the Firmware, including copyright, trade secrets, and any associated software, remain the sole and exclusive property of Orbital Sandblasting.
Buyer is granted a limited, non-exclusive, non-transferable license to use the Firmware solely as embedded in the hardware and solely for its intended purpose. Buyer shall not reverse engineer, decompile, disassemble, extract, copy, modify, or create derivative works of the Firmware. Orbital Sandblasting retains no ongoing obligation to provide updates.

SECTION 16 - GEOGRAPHIC RESTRICTIONS
This product is authorized for sale and operation only within the USA and Canada. Use outside of USA and Canada is strictly prohibited.

SECTION 17 - ASSUMPTION OF RISK & PRODUCT WARNINGS
Orbital Sandblasting makes no warranty that the Wireless Deadman System will prevent all injuries or accidents during blasting operations. The product is designed to reduce the risk of certain types of accidents, specifically those caused by pinched, frayed, or damaged deadman control cables. However, many other hazards exist in sandblasting operations, and those hazards are not addressed by this system. By purchasing and using the Wireless Deadman System, you are responsible for understanding all hazards in your work environment, and for taking all necessary precautions to protect yourself and others. Buyer assumes full responsibility for selecting the product for Buyer’s intended application, ensuring compatibility with Buyer’s equipment and worksite conditions, and using the product only in accordance with Seller’s instructions and all applicable safety requirements. 
You accept full responsibility for the safe operation and maintenance of the system. You agree that you have read and understood all warnings and instructions in the documentation accompanying the product prior to resale and/or operation. You agree that you will not use the system in any manner contrary to the instructions provided. You agree that you will not modify, tamper with, bypass, alter, reverse engineer, reprogram, disassemble, or repair the product except as expressly authorized in writing by Seller or in Seller's product documentation. Use of unauthorized parts, accessories, batteries, chargers, firmware, or repairs voids any warranty and is at Buyer’s sole risk.
You agree to keep the product properly maintained according to the maintenance procedures outlined in the accompanying product documentation. You agree that you will not hold Orbital Sandblasting responsible for injuries or damages caused by misuse, improper maintenance, or failure to follow the instructions in the provided documentation.
Buyer shall ensure that the system is visually inspected, functionally tested, and confirmed to be operating properly before each use and after any maintenance, repair, impact event, suspected malfunction, battery issue, or prolonged storage. Buyer shall immediately discontinue use if any component appears damaged, unresponsive, unreliable, or inconsistent with normal operation.
If Seller determines that any product should be inspected, updated, repaired, replaced, removed from service, or returned for safety, compliance, reliability, or product-improvement reasons, Buyer shall promptly cooperate with Seller’s instructions, including by ceasing use of affected units, notifying relevant users, and returning or making available affected products as directed.
If Buyer resells, transfers, leases, loans, or otherwise supplies the product to any third party, Buyer shall provide the third party with all manuals, warnings, operating instructions, maintenance requirements, warranty limitations, and safety notices supplied by Seller, and Buyer shall not remove, obscure, or alter any warning label, serial number, or product identification.

SECTION 18 - SHIPPING, TITLE, AND RISK OF LOSS
Unless otherwise agreed in writing, Buyer is responsible for all shipping, freight, insurance, duties, brokerage, tariffs, taxes, and other charges associated with delivery. Title to products passes to Buyer upon our receipt of full payment. Risk of loss or damage passes to Buyer upon our delivery of the products to the address specified in the order.
Any shipping or delivery dates provided by Seller are estimates only and are not guaranteed. Seller is not liable for delays in manufacture, shipment, delivery, customs clearance, or carrier performance.

SECTION 19 - FORCE MAJEURE
Seller is not liable for any delay or failure to perform caused by events beyond its reasonable control, including supply chain disruption, carrier delay, shortage of materials, labour disputes, fire, flood, severe weather, pandemic, epidemic, war, terrorism, civil unrest, government action, import or export restriction, power outage, or failure of communications infrastructure. Seller’s time for performance will be extended for the duration of the affected period.

SECTION 20 - INDEMNIFICATION 
You agree to indemnify, defend and hold harmless 13887316 Canada Inc., operating as Orbital Sandblasting, and our parent, subsidiaries, affiliates, partners, officers, directors, owners, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 21 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 22 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 23 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 24 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Alberta, without regard to conflict of law principles.
If a dispute arises out of or relating to these Terms or any product sold hereunder, the parties shall first attempt to resolve it through good-faith direct negotiation for a period of thirty (30) days after written notice of the dispute is delivered by one party to the other.
If the dispute is not resolved through negotiation, either party may refer the matter to mediation administered by the ADR Institute of Alberta (ADRIA) or a mutually agreed mediator. The costs of mediation shall be shared equally unless otherwise agreed. Mediation shall be completed within sixty (60) days of referral unless the parties agree otherwise.
If the dispute is not resolved through mediation, either party may pursue the matter in the provincial or federal courts located in Edmonton, Alberta, which shall have exclusive jurisdiction over all such disputes, and each party irrevocably submits to that jurisdiction.
Nothing in this section prevents us from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm, without first completing the negotiation or mediation steps above.

SECTION 25 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sean@orbitalsb.com.