(a) “Affiliate” means, with respect to a party, any person, partnership, joint venture, corporation, or other entity, that directly or indirectly controls, is controlled by, or is under common control with such party.

(b) “Applicable Laws” means, with respect to a party, any local, state, provincial, federal and foreign laws or orders of any governmental or regulatory authority applicable to such party for its provision or use of the Services.

(c) “Client Data” means any information or data that you provide, upload, transmit, or otherwise make available to Buff Muff through your use of the Services. This includes, but is not limited to, personal information, registration details, content submissions, messages, or files. Client Data does not include aggregated or anonymized data that cannot be used to identify an individual or entity.

(d) “Confidential Information” means: (i) the content of these Terms; (ii) Client Data, including any statistics or other user data relating to the Services which specifically identify Client; (iii) any information designated in writing, or orally at time of disclosure, by the disclosing party as “confidential” or “proprietary”; (iv) any information, technical data, or know-how disclosed by a party to the other hereunder that from the relevant circumstances should reasonably be known by the receiving party to be confidential, including, but not limited to, either party’s research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, customer information, personally identifiable information, pricing information, business and marketing plans or strategies, financial information, and business opportunities.

(e) “Fees” means the aggregate of all fees payable by Client to Buff Muff for the use of the Services, if any, in accordance with these Terms, plus all applicable duties, levies, and taxes in association with such fees.

(f) “Intellectual Property” means all systems, applications, software code (in any form, including source code, executable or object code), algorithms, tool-kits, technology, widgets, formulae, programs, concepts, databases, designs, diagrams, documentation, drawings, charts, ideas, inventions (whether or not such inventions are patentable), know-how, trademarks (whether registered or not), brand names, logos, slogans, methods, techniques, models, procedures, and processes.

(g) “Intellectual Property Rights” means all copyrights, moral rights, rights associated with works of authorship, trademark rights, trade name rights, trade secret rights, patent and industrial property rights (whether registered or not), and other proprietary rights, in Intellectual Property.

(h) “Products” means any products or items made available by Buff Muff for purchase through any online store, online course or software application.

(i) “Services” means: i) Buff Muff’s software application, online course platform, online store, all content, and related materials, including any updates, upgrades, patches, technology, material, modifications, bug fixes, enhancements, data, features, related website, related technologies, and contents, as it may be added or removed by Buff Muff from time to time and including all written information, documentation, and materials provided to Client in respect of same; ii) any software, materials or content made available in connection with the Services; iii) any Products.

(a) You agree that: (i) you will use the Services only for your own personal purposes and for no other purposes; (ii) you will not use the Services as a service for any third party; (iii) you will not sell or attempt to sell or otherwise transfer any of the Services or accept payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Services on behalf of that person; (iv) you will use the Services in a manner consistent with all Applicable Laws.

(b) You agree that you will not use the Services in a manner that: (i) infringes or violates the Intellectual Property Rights or other rights of Buff Muff or any third party; (ii) violates any law or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) accesses the source code, modifies , copies, creates derivative works from, reverse engineers, decompiles or disassembles the Services; (v) impersonates or attempts to impersonate another client, person, entity or which falsely impersonates or misrepresents you or your affiliation with another person or entity.  

(a) Information collection and use is governed by these Terms, and specifically Buff Muff’s Privacy Policy, which is incorporated into these Terms by reference, and form an integral part of these Terms. 

(b) You acknowledge and consent to Buff Muff collecting, using, accessing, and storing your information for its legitimate business purposes, and disclosing Client Data to any of its Affiliates (provided such Affiliates agree to protect the confidentiality of Client Data pursuant to terms no less restrictive than these Terms) or if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with any legal process; (b) enforce this Agreement; (c) respond to claims that you have violated the rights of third parties; (d) respond to your requests for service and/or technical support; or (e) protect the rights, property, or personal safety of Buff Muff, its other clients and other users of the Services and/or the public.

(c) In the event any of the Services contain links to other websites, Buff Muff is not responsible for (and you waive all claims against Buff Muff with respect to) the privacy practices or content of such sites and your use of such sites is at your own risk. 

(d) Buff Muff does not guarantee the confidentiality of any information transmitted to Buff Muff via any website or by e-mail. 

(a) All Fees, if any, are to be paid immediately when due. Buff Muff may, upon failure by Client to pay any Fees as they become due, terminate the Client’s access to the Services immediately and without notice.

(b) Client is solely responsible for payment of any goods and services taxes, sales taxes, value added taxes, and excise taxes, as applicable, resulting from Client’s use of the Services.

(c) Except where otherwise expressly provided, all monetary amounts applicable to the Terms are stated and shall be paid in United States Dollars.

(a) You represent that you are of legal age to form a binding agreement (“Legal Age”). If you are not of Legal Age, you are not authorized to use the Services unless: (i) you have received the permission of your parent or legal guardian and (ii) your parent or legal guardian, by granting such permission agrees to be bound by these Terms and in such a case, the term “you” and “Client” shall be deemed to included your parent or legal guardian, as the case may be.

(b) All Client Data you will provide will be true, accurate, current and complete you will and promptly update all Client Data you provide to keep it true, accurate, current and complete.

We maintain the right to refuse, suspend or terminate your current or future use of the Services (or any portion thereof) without warning if: (i) we believe that you are under the Legal Age and you represent yourself as being of or over the Legal Age; or (ii) you provide, or if we suspect that you have provided, any information that is untrue, inaccurate, not current or incomplete. 

(a) EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, ALL SERVICES AND PRODUCTS ARE PROVIDED “AS-IS” and “AS AVAILABLE”, AND BUFF MUFF MAKES NO (AND HEREBY DISCLAIMS) WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. BUFF MUFF DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. 

(b) Buff Muff makes no warranty that information, software and/or other material accessed or viewed using the Services will be free of viruses, bots, worms, or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.

(c) Buff Muff is not responsible for the conduct, whether online or offline, of any user of the Services.

(d) Buff Muff and/or third parties may create and/or otherwise provide advertisements and applications to you. Buff Muff takes no responsibility for third party advertisements or applications that are created and/or posted on or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, representations, warranties or conditions associated with such dealings, are solely between you and such advertiser. You agree that Buff Muff is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of third party advertisers on the Services.

(e) Buff Muff is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the internet or on any of the Services or combination thereof, including any injury or damage to you or to any person's computer related to or resulting from participation or downloading materials in connection with the Services.

(a) YOUR USE OF THE SERVICES AND PRODUCTS OFFERED BY BUFF MUFF IS AT YOUR SOLE RISK, AND YOU ACKNOWLEDGE THAT YOU HAVE INFORMED YOURSELF AND UNDERSTAND THE RISKS ASSOCIATED WITH YOUR PARTICIPATION AND ACCESS TO THE SERVICES. 

(b) BUFF MUFF IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, ILLNESS, PAIN OR SUFFERING, DEATH, LOSS OF INFORMATION OR LOSS OF DATA RESULTING FROM THE PROVISION OF THE SERVICES OR ANY PRODUCTS, REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE. 

(c) BUFF MUFF DOES NOT PROVIDE MEDICAL ADVICE. YOU WILL CONSULT WITH YOUR PHYSICIAN BEFORE PARTICIPATING IN, ACCESSING OR USING ANY SERVICES OR PRODUCTS. YOU ARE NOT AWARE OF ANY MEDICAL CONDITION THAT WOULD AFFECT YOUR ABILITY TO PARTICIPART IN, ACCESS OR USE ANY SERVICES AND PRODUCTS OFFERED BY BUFF MUFF.

(d) YOU HEREBY, FOR YOURSELF, YOUR HEIRS, EXECUTORS, ADMINISTRATORS, OR ANY OTHERS WHO MAY CLAIM ON YOUR BEHALF, PROMISE NOT TO SUE, AND HEREBY WAIVE, RELEASE AND DISCHARGE BUFF MUFF, ITS AFFILIATES AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, VOLUNTEERS AND ANYONE ACTING FOR OR ON THEIR BEHALF, FROM ANY AND ALL CLAIMS OF LIABILITY FOR PERSONAL INJURY, PAIN, SUFFERING, ILLNESS, LOSS OF LIFE OR PROPERTY DAMAGE OF ANY, KIND OR NATURE, ARISING OUT OF OR SUSTAINED IN CONNECTION WITH YOUR USE OF AND ACCESS TO THE SERVICES AND PRODIUCTS. THIS RELEASE AND WAIVER APPLIES TO ALL CLAIMS, FORESEEN OR UNFORESEEN, INCLUDING NEGLIGENCE AND BREACH OF STATUTORY OR OTHER DUTY OF CARE. 

(e) EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, BUFF MUFF’S AGGREGATE AND TOTAL LIABILITY UNDER THE TERMS FOR ANY AND ALL CLAIMS ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE LESSER OF THE AMOUNTS PAID BY CLIENT TO BUFF MUFF IN THE 12 MONTHS PRIOR TO THE DATE THE CLAIM AROSE and $1,000.00. Some jurisdictions do not allow limitation of liability in certain instances, and in such a case, the foregoing exclusions and limitations shall apply to the maximum extent permitted by applicable mandatory law (and Buff Muff’s liability shall be limited or excluded as permitted under mandatory applicable law).

(a) Prices Subject to Change. All prices for the Products are subject to change without notice. 

(b) Taxes. All prices for the Products are subject to and not inclusive of any additional taxes that may be required under any Applicable Laws. 

(c) Shipping and Handling. Shipping and handling charges (“S&H Charges”) are not included in any listed price for the Products. All S&H Charges, where applicable, will be calculated at checkout. The completion of your purchase of the Products constitutes your acceptance of the S&H Charges. 

(d) Secured Processing Partners. To purchase any Products, you may be required to register with our processing partners (our "Secured Processing Partners", and any one of them, a “Secured Processing Partner”), and create an account with such Secured Processing Partner. Your purchase of any Products and use of any services provided by a Secured Processing Partner is governed by such Secured Processing Partner’s terms, conditions and policies. We reserve the right to utilize any Secured Processing Partner and, in such a case, the term Secured Processing Partners shall include such different processing partner(s). We are not responsible for any Secured Processing Partner’s website, service, account, or information collected by such Secured Processing Partner and you are solely and entirely responsible for, and waive any claim against us for, any and all use of your accounts you may have with any Secured Processing Partner.   

(e) Billing Information. Your billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order where there is a mismatch of information.

(a) Processing and Delivery. We will use reasonable efforts to process orders for any physical Products (“Physical Orders”) within three (3) business days of receipt of payment (the “Processing Date”). We will use reasonable efforts to process orders of any online or digital Products or Services (“Digital Orders”) immediately). We will use reasonable efforts to ship Physical Orders within two to five (2-5) business days of the Processing Date. We will use reasonable efforts to deliver Digital Orders immediately. For the purposes of this paragraph, “business days” are Monday through Friday, excluding any federal or statutory holidays in Canada and the Province of British Columbia. 

(b) Cancellation of Orders. If your Digital Order or Physical Order is cancelled, we will send an e-mail notice to the e-mail address you provided, explaining the reason(s) for the cancellation. 

(c) Non-Refundable. Once processed, all Digital Orders and Physical Orders are non-refundable.

(a) Proper Law. The Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, and the parties agree to attorn to the exclusive jurisdiction of the courts situated in the Province of British Columbia.

(b) Survival. These Terms shall survive the expiration or termination of the Term for any reason. 

(c) Headings. The headings used in these Terms are for convenience and reference only and shall not affect the construction or interpretation of these Terms.

(d) Force Majeure. Buff Muff will not be liable for any failure to comply with its obligations under the Terms if the failure to comply is caused by or results from conditions or causes beyond its reasonable control including, but not limited to: shortage of water, power, acts of God, war, terrorism, riots, fire, flood, explosion, governmental controls or regulations, embargoes, wrecks or delays in transportation, labor disputes, civil insurrection, civil or military authority, inability to obtain necessary labor, materials of manufacturing faculties due to such causes or delays of subcontractors or supplies of each party in furnishing materials or supplies due to one or more of the foregoing causes. In an event of a force majeure, each party shall be allowed a reasonable period of time to fulfill the obligations under the Terms having regard to the applicable circumstances. An event of force majeure shall not relieve the Client of its payment obligations pursuant to the Terms.

(e) Waiver. The waiver by any party hereto of a breach or a default of any provision of the Terms by another party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party.

(f) Relationship. No party shall have and shall not represent itself as having, any authority to act for, to undertake any obligation on behalf of any other party, except as expressly provided in these Terms.

(g) Gender, Plural and Singular. In these Terms, unless the context otherwise requires, words of any gender include all genders, the singular includes the plural and vice versa, “or” is non-exclusive, “including” is non-limiting, and provisions may be adapted as the context requires.

(h) Alterations. Buff Muff may alter or amend the Terms at any time and from time to time, and such alterations or amendments shall be binding upon you.

(i) Invalidity. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision and any such invalid or unenforceable provision shall be deemed to be severable

(j) Entire Agreement. The provisions of the Terms constitute the entire agreement between the parties and supersede all previous communications, representations and agreements, whether oral or written, between the parties with respect to the subject matter of the Terms.

(k) No Strict Construction. The language in all parts of the Terms shall in all cases be construed as a whole and neither strictly for, nor strictly against, any of the parties to the Terms.

(l) Inurement. The Terms shall inure to the benefit of and be binding upon the parties and, except as otherwise provided or as would be inconsistent with the provisions of the Terms, their respective heirs, executors, administrators, successors and permitted assigns.