WEBSITE TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS
Welcome to ProbCrack Consultancy Inc. (“Company”). By accessing and using this website (“Website”) and the products and services provided herein (“Services”), you agree to abide by the following terms and conditions (“Terms”). If you do not agree to these Terms, please refrain from using this Website.
Your acceptance of these Terms signifies that you have thoroughly read, understood, and agreed to comply with them. Additionally, while using our Services, you are bound by any supplementary guidelines or regulations that may be posted periodically. These guidelines or rules are considered part of these Terms.
We reserve the right to amend these Terms at any time without prior notice. Your continued use of this Website or the Services after such modifications constitutes acceptance of the revised Terms. It is your responsibility to review these Terms regularly. The last update to these Terms was made on May 18, 2025. If you do not agree with one or more of these Terms, do not access or use this Website or the Services.
2. DESCRIPTION OF SERVICES
The Company is offering to visitors a range of digital marketing services including Search Engine Optimization (SEO), Digital Strategy, Lead Generation, CRM Automation, Social Media Marketing, Email Marketing, Retargeting Campaigns, International Expansion Consulting, and other services that may be introduced from time to time (the “Services”). The provision of the Services is subject to these Terms and to any services agreement, subscription terms, or other terms you accepted when purchasing, using, viewing, or accessing the Services.
3. PRIVACY POLICY
The information you provide, including your personal information, preferences, and any other data submitted through this Website, along with additional details about you, are governed by the Company’s Privacy Policy. We value your privacy and encourage you to review our Privacy Policy [insert link to Privacy Policy] for comprehensive information on how we handle your data.
4. USE OF THE WEBSITE
Company grants you permission to access a single copy of materials and content from this Website for your personal, non-commercial use, solely in connection with your access and use of the Services of the Company. You must not remove any trademark, copyright, or other proprietary notices from such copies, nor modify the material in any way. Unless expressly permitted in these Terms, any reproduction, distribution, republication,
modification, reverse engineering, sale, or other exploitation of this Website or its content for commercial or any other purpose is strictly prohibited without prior written consent from the Company.
Company reserves the right to take necessary actions, including legal measures, to prevent unauthorized activities. We may suspend or terminate your access to this Website or the Services at our sole discretion, without prior notice, if we deem it appropriate. You are solely responsible for all consequences arising from your use of this Website or the Services.
5. TRADE-MARKS AND COPYRIGHT
ProbCrack Consultancy Inc., probcrack.ca, and associated words and logos are trademarks or trade names owned by the Company including all other intellectual property in Canada and various other jurisdictions. Additionally, the Company holds ownership of additional trademarks, both registered and unregistered, in Canada and foreign jurisdictions. These Terms and the content of this Website do not grant you any license or rights, whether expressly, implicitly, by estoppel, or otherwise, to use any of these marks, names, or other intellectual property owned by the Company. References to the names of other companies, products, and services on this Website may be trademarks or trade names of their respective owners. Unauthorized use of the Company’s trademarks or those of third parties is strictly prohibited.
All materials provided on this Website, including but not limited to all content, site design, text, graphics, and their arrangement, are protected by copyright. Company retains full title to these materials, and any unauthorized use is strictly prohibited. Company reserves the right to take appropriate action, including legal measures, to protect its rights under trademark and copyright law.
You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content on the Website without the prior written consent of ProbCrack or the respective content owner.
6. USER GENERATED CONTENT
Certain sections of this Website may enable users to share information, ideas, and opinions (“User Content”). However, the Company does not prescreen, edit, or review any User Content before it is posted or transmitted. Please be aware that User Content may not necessarily reflect the views of the Company, and the Company disclaims all responsibility for such content and any losses or expenses resulting from its use or appearance on
this Website.
We appreciate your visit to this Website and encourage any questions, comments, or feedback you may have about the Website, these Terms, or any of the products or services offered by the Company (“Feedback”). For contact information, please refer to the Contact section of this Website, which includes email address.
By providing User Content or Feedback, you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use and commercialize the feedback in any manner and for any purpose without providing compensation to you or any other party. You also authorize the Company to use the name you submit with the User Content or Feedback, if applicable, in connection with the Company’s rights outlined herein. ProbCrack reserves the right, but is not obligated, to monitor, edit, or remove any content that we determine in our sole discretion violates these Terms or is otherwise objectionable.
7. THIRD-PARTY LINKS
The Website may contain links to third-party websites or services that are not owned or controlled by ProbCrack. ProbCrack has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that ProbCrack shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services. Your use of any third-party websites or services is at your sole risk.
8. HYPERLINKS
The hyperlinks on this Website are offered solely for your convenience. Their inclusion does not constitute an endorsement of any linked sites or indicate any affiliation with their owners or operators. The Company does not exert control over the content of linked sites, which remains the sole responsibility of their respective owners or operators.
9. ACCEPTABLE USE AND RESTRICTIONS
In addition to adhering to these Terms, you commit to utilizing this Website, the Services, and associated materials lawfully and in accordance with local, national, or international laws and regulations. It’s important to note that some jurisdictions may impose restrictions on internet usage for their residents.
Users in jurisdictions where the following conditions apply are prohibited from using this Website: (i) if doing so would invalidate these Terms in whole or in part (with the essential parts including, but not limited to, provisions related to governing law and limitation of liability); or (ii) if accessing this Website would be unlawful.
Furthermore, you agree not to employ the Services or this Website in any way that: (i) infringes upon, violates, or misappropriate the intellectual property rights of any third party; or (ii) could be construed as defamatory, discriminatory, or otherwise harmful to any individual or entity.
10. INDEMNITY
You agree to indemnify, defend, and hold harmless the Company from any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations, and liabilities (including settlement payments) arising from or related to your use of this Website, its content or materials, or the Services, as well as User Content or Feedback, or any negligence, misconduct, or breach of these
Terms on your part. However, the Company reserves the right to participate in the defense and settlement negotiations of any third-party claim, complaint, demand, action, suit, or proceeding with its own chosen counsel, at its own cost and expense.
11. DISCLAIMERS
You acknowledge and agree that:
(a) Your use of this Website and the Services is entirely at your own risk. They are provided on an “as is,” “as available” basis. The Company, its parent, subsidiaries, affiliates, sister concerns and all their respective employees, agents, officers, directors, or third-party service providers (collectively, “Company Parties”) make no warranties, express or implied, regarding this Website or the Services. Company Parties specifically disclaim any
implied warranties of merchantable quality, fitness for a particular purpose, and non-infringement of third-party rights, to the fullest extent permitted by law.
(b) Company Parties do not guarantee the quality, reliability, timeliness, or security of the Services, nor do they warrant that the Services will be uninterrupted or error-free. Company Parties are not responsible for the deletion or failure to properly store or access email messages and electronic files. You assume all risks associated with downloading or accessing data, files, or other materials obtained from third parties as part of the Services,
even if you have paid for virus protection services.
(c) Accessing and downloading material from this Website is done at your own risk. While Company endeavors to maintain a virus-free Website, it does not guarantee that materials are free of viruses, worms, Trojan horses, or other harmful code. You are responsible for implementing measures to protect your computer system and data, as well as for any costs associated with service, repairs, or corrections resulting from your use of this Website or
the Services.
12. LIMITATIONS OF LIABILITY
IN NO EVENT WILL COMPANY PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR OTHER PECUNIARY LOSS OR ANY OTHER LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, THE USE OF THIS WEBSITE OR THE SERVICES. COMPANY PARTIES WILL NOT BE LIABLE FOR ANY ACTUAL OR ALLEGED INFRINGEMENT BY ANY THIRD-PARTY MATERIALS AVAILABLE THROUGH THE USE OR ACCESS OF SERVICES OR
WEBSITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF COMPANY PARTIES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT PAID BY YOU IN THE ONE MONTH IMMEDIATELY PRIOR TO ANY CLAIM. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
You understand and accept that these Terms fairly distribute risk and liability, and that this Section 12 is a crucial component of the agreement between the Parties, a determining factor for figuring any fees or other charges, and a means of encouraging the Parties to enter into these Terms. Moreover, it’s important to reaffirm that these provisions regarding limitations of liability are fundamental to the agreement between you and the Company.
13. GENERAL
The Terms, Privacy Policy, and all other notices, policies, and statements found on this Website (which may be updated by the Company without prior notice) together form the entire agreement between the Company and you. These Terms cannot be changed unless described herein. Anything on this Website that contradicts these Terms is overridden by them. No waiver of any Term shall be considered a waiver of any other Term. If any Term
is deemed unenforceable in any jurisdiction, it will be limited or removed to the minimum extent necessary while the remaining Terms remain in effect.
The relationship between the Company, Company Parties and you is that of independent contractors. Neither party, nor any of their officers, agents, or employees, shall be considered partners, joint ventures, fiduciaries, or agents of the other because of these Terms or this Website.
DISPUTE RESOLUTION
These Terms and their subject matter, along with all related matters, will be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada, and the applicable laws of Canada in Ontario. You agree to the exclusive jurisdiction of the courts of Ontario, unless otherwise agreed by the Company.
Unless the Company agrees otherwise, any claim, dispute, or controversy arising from or relating to the Services, this Website, these Terms, or the Privacy Policy will be resolved by final and binding arbitration, excluding the courts, to the extent permitted by applicable law. Arbitration will be conducted in the province or jurisdiction of Ontario, on a simplified and expedited basis, by one arbitrator. This does not prevent the Company from seeking injunctive relief in other jurisdictions when necessary. You agree to resolve disputes individually, not in class actions. If a claim proceeds in court instead of arbitration, you waive the right to a jury trial. These Terms have been written in English at the request of the parties. Les présentes modalités ont été rédigées en
anglais à la demande expresse des parties.
MODIFICATION OF THE TERMS
ProbCrack reserves the right, at its sole discretion, to modify or replace these Terms at any time. We may in our discretion notify you of any changes by posting the new Terms on this page and updating the “Last Updated” date at the top of these Terms. You are advised to review these Terms periodically for any changes. Your continued use of the Website and/ or Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to any of the changes, you must discontinue use of the Website or Services, as the case may be.
SEVERABILITY
If any provision, or portion thereof, of this Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such determination will not affect the validity, legality, or enforceability of the remaining provisions of this Terms, and each provision, or portion thereof, is deemed to be separate, severable, and distinct. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that
most closely aligns with the intent of the original provision. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction.
ELECTRONIC COMMUNICATIONS AND SIGNATURES
By accessing our Services, Website, Terms, sending us emails, or completing online forms, you are engaging in electronic communications. You consent to receive electronic communications from us and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or through the Services, satisfy any legal requirement that such communications be in writing and be consented to.
YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, ELECTRONIC CONTRACTS, ELECTRONIC ORDERS, AND OTHER ELECTRONIC RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES OR THROUGH THE WEBSITE OR THROUGH THESE TERMS.
You hereby waive any rights or requirements under any applicable laws, statutes, regulations, rules, or ordinances in any jurisdiction which require an original signature, non-electronic records retention or delivery, or the use of non-electronic means for payments or the granting of credits.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and ProbCrack regarding the use of the Website and the Services and supersede all prior agreements and understandings, whether written or oral, related to such use.
19. CONTACT US
We appreciate your interest in visiting our Website and encourage you to reach out with any questions or comments you may have about the Website, our Terms, Services or any of the products or services provided by the Company. The email address for contacting us is connect@probcrack.ca
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I accept and agree to be bound by these Terms with respect to the Services being offered and have read and understand the Privacy Policy.
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