AGREEMENT TO OUR LEGAL TERMS
We are Approveage Inc., doing business as Approveage ("Company,"
"we," "us," "our"), a company
registered in Canada at 986 Heather Street, Woodstock, Ontario N4S 4W5.
We operate the website approveage.com
(the "Site"), the mobile application Approveage (the
"App"), as well as any other related products and services that
refer or link to these legal terms (the "Legal Terms")
(collectively, the "Services").
You can contact us by email at [email protected]
These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you"), and Approveage Inc.,
concerning your access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of these Legal
Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are
using. Changes to Legal Terms will become effective seven (7) days after the notice
is given, except if the changes apply to bug fixes, a court order, security updates,
and new functionality, in which case the changes will be effective immediately. By
continuing to use the Services after the effective date of any changes, you agree to
be bound by the modified terms. If you disagree with such changes, you may terminate
Services as per the section "TERM AND TERMINATION."
All users who are minors in the jurisdiction in which they reside (generally under the
age of 18) must have the permission of, and be directly supervised by, their parent
or guardian to use the Services. If you are a minor, you must have your parent or
guardian read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
- Our services
- Intellectual property rights
- User representations
- User registration
- Prohibited activities
- User generated contributions
- Contribution license
- Mobile application license
- Social media
- Third-party websites and content
- Advertisers
- Services management
- Privacy policy
- Copyright infringements
- Term and termination
- Modifications and interruptions
- Governing law
- Dispute resolution
- Corrections
- Disclaimer
- Limitations of liability
- Indemnification
- User data
- Electronic communications, transactions, and signatures
- California users and residents
- Miscellaneous
- Contact us
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such distribution
or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to the
extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use the Services. You may not use the Services in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics in the Services (collectively, the
"Content"), as well as the trademarks, service marks, and logos contained therein
(the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your
personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable
license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have
properly gained access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in
this section or elsewhere in our Legal Terms, please address your request to: [email protected] If we ever grant
you the permission to post, reproduce, or publicly display any part of our Services
or Content, you must identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary notice appears or is
visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and
Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of
our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to
using our Services to understand the (a) rights you give us and (b) obligations you
have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services ("Submissions"), you agree
to assign to us all intellectual property rights in such Submission. You agree that
we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality during
which you may create, submit, post, display, transmit, publish, distribute, or
broadcast content and materials to us or through the Services, including but not
limited to text, writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other material
("Contributions"). Any Submission that is publicly posted shall also be treated as a
Contribution.
You understand that Contributions may be viewable by other users of the Services and
possibly through third-party websites.
When you post Contributions, you grant us a
license (including use of your name,
trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce,
distribute, sell, resell, publish, broadcast, retitle, store, publicly perform,
publicly display, reformat, translate, excerpt (in whole or in part), and exploit
your Contributions (including, without limitation, your image, name, and voice) for
any purpose, commercial, advertising, or otherwise, to prepare derivative works of,
or incorporate into other works, your Contributions, and to sublicense the licenses
granted in this section. Our use and distribution may occur in any media formats and
through any media channels.
This license includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide.
You are responsible for what you post or upload: By sending us
Submissions and/or posting Contributions through any part of the Services or making
Contributions accessible through the Services by linking your account through the
Services to any of your social networking accounts, you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will
not post, send, publish, upload, or transmit through the Services any
Submission nor post any Contribution that is illegal, harassing, hateful,
harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening
to any person or group, sexually explicit, false, inaccurate, deceitful, or
misleading;
- to the extent permissible by applicable law, waive any and all moral rights to
any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or
that you have the necessary rights and licenses to submit such Submissions
and/or Contributions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions and/or Contributions;
and
- warrant and represent that your Submissions and/or Contributions do not
constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly
agree to reimburse us for any and all losses that we may suffer because of your
breach of (a) this section, (b) any third party’s intellectual property rights, or
(c) applicable law.
We may remove or edit your Content: Although we have no obligation to
monitor any Contributions, we shall have the right to remove or edit any
Contributions at any time without notice if in our reasonable opinion we consider
such Contributions harmful or in breach of these Legal Terms. If we remove or edit
any such Contributions, we may also suspend or disable your account and report you
to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright you own or
control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information
you submit will be true, accurate, current, and complete; (2) you will maintain the
accuracy of such information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply with these Legal
Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a
minor, you have received parental permission to use the Services; (5) you will not
access the Services through automated or non-human means, whether through a bot,
script or otherwise; (6) you will not use the Services for any illegal or
unauthorized purpose; and (7) your use of the Services will not violate any
applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all
current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password
confidential and will be responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
5.PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of
the Services, including features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of the Services and/or the
Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or
harm another person.
- Make improper use of our support services or submit false reports of abuse or
misconduct.
- Use the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,
or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another
user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats ("gifs"), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or the
networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict
access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a part
of the Services.
- Except as may be the result of standard search engine or Internet browser usage,
use, launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any unauthorized script or other
software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or
under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the
Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
- Sell or otherwise transfer your profile.
- Use the Services to advertise or offer to sell goods and services.
6. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Services, including
but not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the Services and
through third-party websites. As such, any Contributions you transmit may be treated
as non-confidential and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and will
not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third
party.
- You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Services,
and other users of the Services to use your Contributions in any manner
contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third
party.
- Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
- Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates,
any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and
may result in, among other things, termination or suspension of your rights to use
the Services.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions
accessible to the Services by linking your account from the Services to any of your
social networking accounts, you automatically grant, and you represent and warrant
that you have the right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right,
and license to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any media
formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been asserted in
your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of
all of your Contributions and any intellectual property rights or other proprietary
rights associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services.
You are solely responsible for your Contributions to the Services and you expressly
agree to exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions to place
them in more appropriate locations on the Services; and (3) to pre-screen or delete
any Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
8. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the App on wireless electronic
devices owned or controlled by you, and to access and use the App on such devices
strictly in accordance with the terms and conditions of this mobile application
license contained in these Legal Terms. You shall not: (1) except as permitted by
applicable law, decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the App; (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the App; (3) violate
any applicable laws, rules, or regulations in connection with your access or use of
the App; (4) remove, alter, or obscure any proprietary notice (including any notice
of copyright or trademark) posted by us or the licensors of the App; (5) use the App
for any revenue-generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the App available over a network or
other environment permitting access or use by multiple devices or users at the same
time; (7) use the App for creating a product, service, or software that is, directly
or indirectly, competitive with or in any way a substitute for the App; (8) use the
App to send automated queries to any website or to send any unsolicited commercial
email; or (9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or
Google Play (each an "App Distributor") to access the Services: (1) the license
granted to you for our App is limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for providing any maintenance
and support services with respect to the App as specified in the terms and
conditions of this mobile application license contained in these Legal Terms or as
otherwise required under applicable law, and you acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and support
services with respect to the App; (3) in the event of any failure of the App to
conform to any applicable warranty, you may notify the applicable App Distributor,
and the App Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the App, and to the maximum extent permitted by
applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the App; (4) you represent and warrant that (i) you are
not located in a country that is subject to a US government embargo, or that has
been designated by the US government as a "terrorist supporting" country and (ii)
you are not listed on any US government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when using the
App, e.g., if you have a VoIP application, then you must not be in violation of
their wireless data service agreement when using the App; and (6) you acknowledge
and agree that the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application license contained in these Legal Terms, and
that each App Distributor will have the right (and will be deemed to have accepted
the right) to enforce the terms and conditions in this mobile application license
contained in these Legal Terms against you as a third-party beneficiary thereof.
9. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online
accounts you have with third-party service providers (each such account, a
"Third-Party Account") by either: (1) providing your Third-Party Account login
information through the Services; or (2) allowing us to access your Third-Party
Account, as is permitted under the applicable terms and conditions that govern your
use of each Third-Party Account. You represent and warrant that you are entitled to
disclose your Third-Party Account login information to us and/or grant us access to
your Third-Party Account, without breach by you of any of the terms and conditions
that govern your use of the applicable Third-Party Account, and without obligating
us to pay any fees or making us subject to any usage limitations imposed by the
third-party service provider of the Third-Party Account. By granting us access to
any Third-Party Accounts, you understand that (1) we may access, make available, and
store (if applicable) any content that you have provided to and stored in your
Third-Party Account (the "Social Network Content") so that it is available on and
through the Services via your account, including without limitation any friend lists
and (2) we may submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your account with the
Third-Party Account. Depending on the Third-Party Accounts you choose and subject to
the privacy settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be available
on and through your account on the Services. Please note that if a Third-Party
Account or associated service becomes unavailable or our access to such Third-Party
Account is terminated by the third-party service provider, then Social Network
Content may no longer be available on and through the Services. You will have the
ability to disable the connection between your account on the Services and your
Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE
THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no
effort to review any Social Network Content for any purpose, including but not
limited to, for accuracy, legality, or non-infringement, and we are not responsible
for any Social Network Content. You acknowledge and agree that we may access your
email address book associated with a Third-Party Account and your contacts list
stored on your mobile device or tablet computer solely for purposes of identifying
and informing you of those contacts who have also registered to use the Services.
You can deactivate the connection between the Services and your Third-Party Account
by contacting us using the contact information below or through your account
settings (if applicable). We will attempt to delete any information stored on our
servers that was obtained through such Third-Party Account, except the username and
profile picture that become associated with your account.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other
websites ("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and
other content or items belonging to or originating from third parties ("Third-Party
Content"). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we
are not responsible for any Third-Party Websites accessed through the Services or
any Third-Party Content posted on, available through, or installed from the
Services, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the Third-Party Websites or
the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the Services and
access the Third-Party Websites or to use or install any Third-Party Content, you do
so at your own risk, and you should be aware these Legal Terms no longer govern. You
should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Services or
relating to any applications you use or install from the Services. Any purchases you
make through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such purchases
which are exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on Third-Party
Websites and you shall hold us blameless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us blameless from any losses
sustained by you or harm caused to you relating to or resulting in any way from any
Third-Party Content or any contact with Third-Party Websites.
11. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain
areas of the Services, such as sidebar advertisements or banner advertisements. We
simply provide the space to place such advertisements, and we have no other
relationship with advertisers.
12. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against anyone
who, in our sole discretion, violates the law or these Legal Terms, including
without limitation, reporting such user to law enforcement authorities; (3) in our
sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable
all files and content that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.
13. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: approveage.com/privacy. By using the
Services, you agree to be bound by our Privacy Policy, which is incorporated into
these Legal Terms. Please be advised the Services are hosted in Canada. If you
access the Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ from
applicable laws in Canada, then through your continued use of the Services, you are
transferring your data to Canada, and you expressly consent to have your data
transferred to and processed in Canada.
14. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright you own or
control, please immediately notify us using the contact information provided below
(a "Notification"). A copy of your Notification will be sent to the person who
posted or stored the material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Services infringes your copyright, you should
consider first contacting an attorney.
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO,
IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON
OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or
the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Services. We will not be liable to you
or any third party for any modification, price change, suspension, or discontinuance
of the Services.
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at
any time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your inability
to access or use the Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or releases in
connection therewith.
17. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of Canada.
Approveage Inc. and yourself irrevocably consent that the courts of Canada shall
have exclusive jurisdiction to resolve any dispute which may arise in connection
with these Legal Terms.
18. DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to these Legal Terms or the legal
relationship established by these Legal Terms to the jurisdiction of the Canada
courts. Approveage Inc. shall also maintain the right to bring proceedings as to the
substance of the matter in the courts of the country where you reside or, if these
Legal Terms are entered into in the course of your trade or profession, the state of
your principal place of business.
19. CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors, inaccuracies,
or omissions and to change or update the information on the Services at any time,
without prior notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE
OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY,
BY YOU TO US OR 1000. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees,
from and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of: (1)
your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4)
any breach of your representations and warranties set forth in these Legal Terms;
(5) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other user of
the Services with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you agree
to cooperate, at your expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
23. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use of
the Services. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Services, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
25. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or
in respect to the Services constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or provision of these Legal
Terms shall not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that these Legal Terms
will not be construed against us by virtue of having drafted them. You hereby waive
any and all defenses you may have based on the electronic form of these Legal Terms
and the lack of signing by the parties hereto to execute these Legal Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at [email protected]
Approveage Inc.
[email protected]