Terms of Service

 

TERMS OF USE

Stoke Inventory Partners Inc.

 

Effective as of April 2022

Thank you for visiting www.stokeip.com (the “Site”). 

The Site is owned and operated by Stoke Inventory Partners Inc. and provides general information regarding the company and allows users (“you” or “User“) to evaluate our lending products and request information using the contact form which is provided in the Site. By requesting information and clicking the submit button, you consent to receive promotional information from Stoke Inventory Partners Inc.

  1. Acceptance

By registering for our Site, by clicking “I accept” following these Terms, or by using this Site you accept the legally binding Terms set forth below, as well as the terms of our Privacy Policy, which is incorporated in its entirety herein. If you do not agree to the Terms, you should exit and cease all use of our Site and Services.

These terms of use (the “Terms”) are a contract between you and Stoke Inventory Partners Inc. and its affiliated entities (“us”, “we”, “our” or “Stoke“) with regard to your use of services available by means of this Site (“Services“); please read them carefully. 

IF YOU ARE CREATING OR ACCESSING AN ONLINE ACCOUNT, IF APPLICABLE, THROUGH THIS SITE FOR OUR CUSTOMER PORTAL, ADDITIONAL TERMS AND CONDITIONS MAY APPLY.

 

  1. Registration & Account Use

 

You must be at least Eighteen (18) years old in order to register for or use the Site. Notwithstanding the foregoing, if you reside in a province, territory, state, country or other jurisdiction that requires a higher minimum age for your use of the Site or participation in its activities, you must comply with the applicable law.

 

  1. Access to the Site

You are hereby granted permission to use the Site as set forth in this Agreement, provided that: (i) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose and/or in a manner allowed by us; and (ii) you will otherwise comply with these Terms.

In order to access some features of the Site, specifically our customer facing portal, if applicable, you will have to register with Stoke and set up your account. You may never use another’s account without permission. When creating your account, you must:

  • provide Stoke with accurate and complete information, including without limitation, your name, address, telephone number, and additional detailed financial and legal information needed to establish an account. You may also be required to provide additional and/or supplemental information in the future upon request by Stoke;

  • be solely responsible for the activity that occurs on your account, whether or not you have authorized such activities or actions, and for safeguarding and maintaining the confidentiality of your username, password and corresponding account information. You agree not to disclose your password to anyone. You must notify us immediately of any breach of security or unauthorized use of your account;

  • authorize Stoke to conduct background, onsite and financial examinations of you and the owners and/or principals and you authorize Stoke directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up. 

Although Stoke will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Stoke or others due to such unauthorized use.

  1. Legality

Use of the Site in violation of applicable laws is expressly prohibited. You are solely responsible for verifying that your use of the Site and consummation of transactions contemplated by this Site are permitted in your jurisdiction and comply with all applicable laws, regulations, orders and court decisions. If you have any questions regarding legality in your jurisdiction, please consult legal counsel. When you access, register for or use the Site, you do so at your own risk, and you are solely responsible for complying with all applicable rules and regulations in connection with activities relating to the Site.

We may terminate your account immediately and without notice if you do not comply with the Terms or if we believe your participation in the Site does not comply with applicable laws.

  1. Use of Non-Personally Identifying Information

 

Subject to the provisions below in respect of personal identifying information, any communication or material that you transmit to Stoke through the Site, by electronic mail or otherwise, including any data, questions, comments, suggestions and the like, is, and will be treated as, non-confidential and non-proprietary information. Stoke may use such communication or material for any purpose whatsoever including, without limitation, for disclosure, reproduction and publication. Stoke will be free, without any compensation to you, to use any concepts or know-how contained in any communication or material that you send to our Site for any purpose whatsoever. In addition, Stoke will be free to use any non-identifying statistical information relating to the Site or use thereof without any compensation to you.

 

  1. Use of Personally Identifying Information and Privacy Policy

 

You are not obligated under law to provide us with personally identifying information. However, if you do not provide certain personally identifying information, you will not be able to use certain features of this Site or receive additional information about our services. Stoke will use your personally identifying information as set forth in the Stoke Privacy Policy at Privacy. You represent and warrant that you have reviewed the Privacy Policy and agree to its terms.

 

  1. Our Commitment to Security

 

We have put in place physical and electronic procedures to safeguard and help prevent unauthorized access, maintain data security. We reserve the right to commence civil and criminal proceedings against unauthorized users of the Site, or in connection with activities not in compliance with these Terms or applicable law. Records of user activities using the Site may be accessed by law enforcement organizations. We will comply with court orders with respect to requests for information. You agree that the Site is not responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site or your account. Any attempt to gain unauthorized use of the Site’s systems or any account, interfere with procedures or performance of the Site, or deliberately damage or undermine the Site is prohibited and will result in termination of your account, and civil and criminal prosecution.

 

  1. Indemnity

You agree to defend, indemnify and hold harmless Stoke, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms and Conditions; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site.

  1. Data Use

If you create or access an online account through this Site, you authorize Stoke, subject to applicable law, to share your personal information with: (i) members of the Stoke corporate or strategic partnership family to provide joint content, products and to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications; (ii) Service providers under contract who help with parts of our business operations such as fraud prevention, bill collection, marketing and technology services. (Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit); (iii) Financial institutions or other companies that we partner with to increase the number of financial products available to you; (iv) credit bureaus to report account information, as permitted by law;  (v) companies that we plan to merge with or be acquired by. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information could be used contrary to this policy, you will receive prior notice.); and (vi) Law enforcement, government officials, or other third parties when a) we are compelled to do so by a subpoena, court order or similar legal procedure, b) we need to do so to comply with law or regulations, c) we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our User Agreement, or d) other third parties with your consent or direction to do so.

  1. Limitation on Liability; DISCLAIMERS

THE SITE AND RELATED SERVICES ARE OFFERED ON AN “AS-IS” BASIS. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, STOKE INVENTORY PARTNERS, INC., MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS SITE OR ANY INFORMATION POSTED ON OR SERVICES OBTAINED THROUGH THIS SITE, INCLUDING ANY INFORMATION PROVIDED BY STOKE INVENTORY PARTNERS, INC., THROUGH OFF-SITE COMMUNICATIONS, VERBAL OR WRITTEN. IN NO EVENT WILL STOKE INVENTORY PARTNERS, INC., ITS AFFILIATES, EMPLOYEES OR OFFICERS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND WHATSOEVER RESULTING TO YOU OR TO ANY THIRD PARTY DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS SITE OR DEFECT IN THIS SITE OR ANY INFORMATION CONTAINED IN THIS SITE OR UNAVAILABILITY OR MALFUNCTION OF THE SITE OR ANY INFORMATION PROVIDED BY STOKE INVENTORY PARTNERS, INC.,THROUGH OFF-SITE COMMUNICATIONS, VERBAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER INDIRECT DAMAGES, OR LOSS OF INCOME, REVENUE, BUSINESS OR PROFITS. IF THE FOREGOING LIMITATION OF LIABILITY IS NOT ENFORCEABLE, LIABILITY OF STOKE INVENTORY PARTNERS, INC., IN CONNECTION WITH THE SITE, USE THEREOF OR INFORMATION APPEARING THEREIN OR ANY OTHER MATTER IS LIMITED TO US $500 DOLLARS. BY USING THIS SITE, YOU EXPRESSLY ASSUME ALL RISK RELATING TO THIS SITE AND USE THEREOF, INCLUDING, WITHOUT LIMITATION, THAT THE INFORMATION AND MATERIALS ON THIS SITE AND IN OFF-SITE COMMUNICATIONS MAY BE INCOMPLETE, INACCURATE, OUT-OF-DATE, OR MAY NOT MEET YOUR NEEDS OR REQUIREMENTS.

To the maximum extent permitted by law, under no circumstances and under no legal theory (whether based in equity, contract, negligence, other tortious action, strict liability, or any other theory of liability), shall Stoke Inventory Partners, Inc., its officers, directors, employees, subsidiaries, or affiliated companies be liable for, without limitation, acts of god, fire, explosion, earthquake, riot, terrorism, war, sabotage, accident, embargo, storms, strikes, lockouts, any interruption, failure or defects in Internet, telephone, or other interconnect services or in electronic or mechanical equipment. Some jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or other damages, so the above limitations may not apply to you. In these jurisdictions, Stoke Inventory Partners, Inc.’s liability will be limited to the maximum extent permitted by law.

  1. Confidentiality. 

Our Site includes content and information provided and/or posted by third parties, including information with respect to the business and/or financials and/or activities of such third parties which such third parties may deem as ‘confidential’ (“Confidential Information”). Users shall not, without the prior written approval of such third parties, publish or otherwise disclose to others, or use such Confidential Information for any purpose other than for purposes of reaching a decision whether to invest with and/or through Stoke.

  1. Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account, if applicable) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your any Content associated with your Account from our live databases. Stoke will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your information.

  1. Site availability

Under no circumstances we shall be held liable for any delay or failure in this Site and/or any of the Services and/or information on the Site directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Stoke. 

Notwithstanding, Stoke aims to ensure the highest possible availability of the Site, but cannot guarantee uninterrupted access and availability. Stoke reserves the right to interrupt the availability of the Site, including but not limited to the following:

  • For the purposes of maintaining the Site, including updates;

  • For the improvement and installation of new functionalities;

  • For the verification and audit of the proper functioning and use of the Site;

  • In the event of a breakdown or risk of breakdown.

  1. General

Notices. All notices to User hereunder shall be delivered to User to the e-mail address provided on establishment of the Account or provided under the Contact form. Any notice given by User to Stoke under this Terms shall be in writing and sent by e-mail at the address indicated on the Site or Portal and addressed to the ‘Legal Department’.

 

Revision and Update of Terms. Stoke may revise the Terms at any time without notice by updating this Site. All updates to the Terms will be posted on this page. You are bound by any revisions or updates. You should periodically visit these Terms to review the current terms that apply to your use of our Site. Last update: April 1, 2022.

 

Survival, Waiver. The Terms shall survive any termination of your account or any termination of this agreement. Failure to insist on compliance with the Terms shall not constitute a waiver thereof.

 

Entire Agreement. These terms constitute the entire agreement between Stoke and you with respect to the Site and may be modified only pursuant to written agreement signed by an authorized Stoke representative.

 

Governing Laws; Jurisdiction. The Terms are governed and interpreted pursuant to the laws of the Province of Alberta, notwithstanding any principles of conflicts of law. If you access this site from another jurisdiction, you are responsible for ensuring compliance with any local laws relating to access and use of this Site. You hereby consent to the jurisdiction of the qualified courts operating in the Province of Alberta.

 

Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason, such provision shall be deemed modified so that it is an enforceable provision that most closely approximates the parties’ intent.

 

How to Contact Us. If you have any questions or concerns about the Terms for this Site you may contact us at admin@stokeip.com