LAST UPDATED: January 28, 2020
Our Website and Services may be available through certain mobile devices. You acknowledge and agree that we are not responsible for ensuring that your mobile device’s software is compatible for you to access the Website or Services through your mobile device.
We cannot guarantee that the Website or Services will be available 100% of the time. Although we strive to provide the most reliable Website and Services possible, interruptions and delays in access are unavoidable and we disclaim any liability for damages resulting from such problems.
4. Restrictions on Use of Website
You will use the Website or links to other websites from the Website (the “Linked Sites”) in accordance with all applicable laws. You will not: (i) attempt to gain unauthorized access to the Website, or computer systems or networks connected to the Website, through hacking, password or data mining, or any other means to circumvent security procedure; (ii) use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website; (iii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; (iv) use the Website to execute denial of service attacks; or (v) use the Website to generate unsolicited email advertisements or spam.
Under no circumstances will you use the Website or Linked Sites in any manner that may infringe any proprietary or intellectual property rights or interests that we may have in the Website. Without limiting the generality of the foregoing, you represent and warrant to us that you will not use the Website or any material retrieved from the Website to create products or perform services which compete or interfere with the Services of the Company.
(a) Free Trial
Your use of our Services may start with a free trial for a fixed period as specified at the time of sign up. Free trials are only available for new users and are at the sole discretion of the Company. We reserve the right to revoke your free trial at any time. Unless you cancel before the end of the trial period, your free trial will automatically roll over to a paid subscription.
(b) Automatic Renewal
After your first year of using our Services, your engagement with us will automatically renew for additional year renewal terms unless you notify us of your intention not to renew at least fourteen (14) days prior to the end of any term.
Subject to any free trial period, upon issuance of an invoice, all payments will be automatically processed by a third party processor. Therefore, you must provide a valid credit card to the Company to use our Services. Our Services will be billed annually. We will send you an invoice to the email you provided. All fees as indicated on our Website are exclusive of federal, provincial, state, local or other governmental sales, goods and services, or other taxes. If any fees billed to your credit card are not processed for any reason, we may suspend your subscription until the payment is made in full.
You may choose any of our Services, as listed on the Website. We may from time to time provide additional Services. Such additional Services and their pricing will be confirmed via email or invoice.
We reserve the right to vary the fees billed for our various services from time to time but only for the next and subsequent billing periods. In that event, we will give you thirty (30) days’ notice of the change before it will come into effect. If you do not cancel your subscription within fourteen (14) days of the notice of variation, you will be deemed to have accepted the variation.
You hereby acknowledge and agree that any payment made by you for our Services is non-refundable.
6. Disclaimer of all Representations, Warranties and Conditions
WE, OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE WITH RESPECT TO: THE CAPABILITY AND EFFECTIVENESS OF THE SERVICES, THAT ACCESS TO THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, WITHOUT DELAY OR FAILURE, OR THE ACCURACY OR THE COMPLETENESS OF THE DATA PROVIDED THEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED. WE HEREBY RENOUNCE ANY REPRESENTATION OR WARRANTY THAT THE SERVICES WILL BE 100% EFFECTIVE OR ERROR FREE. ANY INFORMATION OR MATERIAL ACCESSED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES BY ANY MEANS OF ACCESS WHATSOEVER IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, FAILURE TO TRANSMIT DATA OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, USING OR RELYING ON ANY SUCH MATERIAL. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR SERVICES ARE FREE OF CONTAMINATING OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED, OFFERED OR PROVIDED BY LINKED SITES OR THIRD PARTY PROVIDERS AND THE COMPANY WILL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
7. Limitation of Liability and Indemnification
YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE COMPANY IS NOT LIABLE UNDER CONTRACT LAW, TORT LAW, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE, OUR SERVICES OR ANY INFORMATION CONTAINED THEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF THE USE, OR INABILITY TO USE, THE WEBSITE OR SERVICES). THESE LIMITATIONS WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Unless otherwise indicated, our Services will not include any of the following: (a) parts, equipment or software not covered by a vendor/manufacturer warranty or support; (b) the cost of any parts, equipment or shipping charges of any kind; (c) the cost of any software, licensing or software renewal or upgrade fees of any kind; (d) the cost of any third party vendor or manufacturer support or incident fees of any kind; (e) the cost to bring user’s environment up to minimum standards required for the Services; (f) service and repair required due to alteration or modification of equipment other than that authorized by the Company including alterations, software installations or modifications of equipment made by user’s employees or anyone other than the Company; (g) maintenance fees of third party applications software packages, whether acquired from the Company or any other source; (h) open source software applications, whether acquired from the Company or any other source; (i) programming (modification of software code), program (software), custom scripts, the related maintenance and administration; (j) training services of any kind; (k) moves and upgrades to hardware, replacement of hardware (servers, firewalls, etc.) and operating system upgrades on those systems (all patching and updates are included); (l) the setup of additional devices including but not limited to servers, firewalls or new sites; (m) support will not be provided for equipment and applications that are not user owned (i.e. third party, consultants and contractors); and (n) servers.
We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or Services (or portions thereof). You acknowledge and agree that all terminations may be made by us in our sole discretion and that we will not be liable to you or any third party for any termination of your access to the Website or Services.
10. Copyright and Trademark Information