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licenses: remove 1PASSWORD terms of service since this is not a license
Signed-off-by: William Hubbs <williamh@gentoo.org>
This commit is contained in:
William Hubbs
@@ -1,335 +0,0 @@
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The following is copied from:
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https://1password.com/legal/terms-of-service/
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Terms of Service
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Service Agreement for 1Password users and customers
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Last updated: April 23, 2019
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These Terms of Service (“Terms”, “Terms of Service”, “Agreement”, or
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“Service Agreement”) govern your relationship with the 1Password Service
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(the “Service”) operated by AgileBits, Inc. (“us”, “we”, or “our”). It
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is important that you read this carefully because you will be legally
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bound to these terms.
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Your access to and use of the Service is based on your acceptance of and
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compliance with these Terms. These Terms apply to all visitors, users,
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customers, and others who access or use the Service.
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By accessing or using the Service you agree to be bound by these Terms
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and accept all legal consequences. If you do not agree to the terms and
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conditions of this Agreement, in whole or in part, please do not use the
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Service.
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Description of Service
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The “Service” means (a) AgileBits’ password managing, secure document
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storing, administrative and related systems and technologies, as well as
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the website https://1password.com (the “Site”), and (b) all software
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(including the Software, as defined below), applications, data, text,
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images, and other content made available by or on behalf of AgileBits.
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Any modifications to the Service are also subject to these Terms.
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AgileBits reserves the right to modify or discontinue the Service or any
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feature or functionality thereof at any time without notice. All rights,
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title and interest in and to the Service will remain with and belong
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exclusively to AgileBits.
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Subscriptions
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Some parts of the Service are billed on a subscription basis
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(“Subscription(s)"). You will be billed in advance on a recurring and
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periodic basis (“Billing Cycle”). Billing cycles are set on a regular
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basis, typically monthly or yearly.
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At the end of each Billing Cycle, your Subscription will automatically
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renew under the same conditions unless you cancel it or AgileBits, Inc.
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cancels it. You may cancel your Subscription renewal either through your
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online account management page or by contacting AgileBits, Inc. customer
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support team.
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A valid payment method, including credit card, is required to process
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the payment for your Subscription. You shall provide AgileBits, Inc. or
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its third-party payment processor, with accurate and complete billing
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information including full name, address, state, zip code, and valid
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payment method information. By submitting such payment information, you
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automatically authorize AgileBits, Inc. to charge all Subscription fees
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incurred through your account to any such payment instruments. All
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amounts paid are non-refundable. You further agree to be responsible for
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all taxes associated with the Service, along with any transaction fees
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and currency conversions added by your financial institution and
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intermediaries. All amounts are in US Dollars.
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Free Trial
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AgileBits, Inc. may, at its sole discretion, offer a Subscription with a
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free trial for a limited period of time (“Free Trial”).
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You may be required to enter your billing information in order to sign
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up for the Free Trial.
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If you do enter your billing information when signing up for the Free
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Trial, you will not be charged by AgileBits, Inc. until the Free Trial
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has expired. On the last day of the Free Trial period, unless you
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cancelled your Subscription, you will be automatically charged the
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applicable Subscription fees for the type of Subscription you have
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selected.
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At any time and without notice, AgileBits, Inc. reserves the right to
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(i) modify the terms and conditions of the Free Trial offer, or (ii)
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cancel such Free Trial offer.
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Fee Changes
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AgileBits, Inc., in its sole discretion and at any time, may modify the
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Subscription fees for the Subscriptions. Any Subscription fee change
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will become effective at the end of the then-current Billing Cycle.
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AgileBits, Inc. will provide you with reasonable prior notice of any
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change in Subscription fees to give you an opportunity to terminate your
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Subscription before such change becomes effective.
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Your continued use of the Service after the Subscription fee change
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comes into effect constitutes your agreement to pay the modified
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Subscription fee amount.
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Refunds
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While all amounts paid are non-refundable, certain refund requests for
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Subscriptions may be considered by AgileBits, Inc. on a case-by-case
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basis and granted at the sole discretion of AgileBits, Inc..
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Accounts
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When you create an account with us, you must provide us information that
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is accurate, complete, and current at all times. Failure to do so
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constitutes a breach of the Terms.
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You are responsible for safeguarding the password that you use to access
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the Service and for any activities or actions under your password,
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whether your password is with our Service or a third party service.
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You agree not to disclose your password to any third party. You must
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notify us immediately upon becoming aware of any breach of security or
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unauthorized use of your account.
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You may not use as a username the name of another person or entity or
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that is not lawfully available for use, a name or trademark that is
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subject to any rights of another person or entity other than you without
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appropriate authorization, or a name that is otherwise offensive, vulgar
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or obscene.
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Intellectual Property
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The Service and all contents, including but not limited to text, images,
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graphics or code are the property of AgileBits, Inc. and are protected
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by copyright, trademarks, database and other intellectual property
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rights. You may display and copy, download or print portions of the
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material from the different areas of the Service only for your own
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non-commercial use. Any other use is strictly prohibited and may violate
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copyright, trademark and other laws. These Terms do not grant you a
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license to use any trademark of AgileBits, Inc. or its affiliates. You
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further agree not to use, change or delete any proprietary notices from
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materials downloaded from the Service.
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User-Generated Content
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“Your Data” means any data and content which you upload, store,
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retrieve, or otherwise make available through the Service. You retain
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all of the rights to Your Data. You agree to grant AgileBits, Inc. a
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license to store, retrieve, backup, restore, and otherwise copy Your
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Data so that we may provide you with the Service.
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Links To Other Web Sites
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The Service may contain links to third-party web sites or services that
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are not owned or controlled by AgileBits, Inc..
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AgileBits, Inc. has no control over, and assumes no responsibility for,
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the content, privacy policies, or practices of any third party web sites
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or services. You further acknowledge and agree that AgileBits, Inc.
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shall not be responsible or liable, directly or indirectly, for any
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damage or loss caused or alleged to be caused by or in connection with
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use of or reliance on any such content, goods or services available on
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or through any such websites or services.
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We strongly advise you to read the terms and conditions and privacy
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policies of any third-party web sites or services that you visit.
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Operational Emails
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The Service may send operational emails including but not limited to:
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billing emails, account activity emails, and service updates. These are
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required to provide the Service.
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Termination
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You are entitled to cease using our Services at any time and for any
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reason without notice to us, but you will continue to be charged for
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Services until you cancel your account by logging in or contacting us.
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Our duty is to keep our Service as safe and well maintained as possible.
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To this end, we may need to terminate accounts for violations of these
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Terms. In the following circumstances we will provide notice to you
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prior to termination of your account: (a) you are in breach of these
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Terms; or (b) you are using our Services in a way that can cause or has
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caused a risk of harm or loss to either AgileBits or our other
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customers.
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In such an event our notice will be via email to all or any of the
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registered account holders, which includes but is not limited to “Family
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Organizers” and “Team Owners” as they are listed in your account at the
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time of notice. If you remedy the issues that cause us to send the
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notice, to our satisfaction, then we will not terminate your access or
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license to our Services. If you do not remedy the outstanding causes of
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our termination notice in these circumstances, then we will terminate
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your account. In the event of such a termination we will provide you
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with the ability to take your data with you.
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There are three very limited circumstances in which we will be unable to
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send notice to you prior to terminating your access to our Services: (i)
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you are in material breach of these Terms in such a way as to
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immediately and seriously endanger us and other users; (ii) we are
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unable to send you notice because this would cause us legal liability or
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a disruption to our Service; and (iii) we are unable to notify you due
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to law. If we terminate your account for the reasons outlined in i-iii,
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then we will work with you to ensure you retain copies of your data,
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wherever permitted by law.
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All provisions of the Terms shall survive termination, including without
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limitation: ownership provisions, warranty disclaimers, indemnity and
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limitations of liability. Upon termination, your right to use the
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Service will immediately cease.
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Limitation Of Liability
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AgileBits, Inc., its directors, employees, partners, agents, suppliers,
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or affiliates, shall not be liable for (A) any loss or damage, indirect,
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incidental, special, consequential or punitive damages, including
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without limitation, economic loss, loss or damage to electronic media or
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data, goodwill, or other intangible losses, or (B) for any amount in the
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aggregate in excess of the fees actually paid by you in the six (6)
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months preceding the event giving rise to your claim, resulting from (i)
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your access to or use of the Service; (ii) your inability to access or
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use the Service; (iii) any conduct or content of any third-party on or
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related to the Service; (iv) any content obtained from or through the
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Service; and (v) the unauthorized access to, use of or alteration of
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your transmissions or content, whether based on warranty, contract, tort
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(including negligence) or any other claim in law, whether or not we have
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been informed of the possibility of such damage, and even if a remedy
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set forth herein is found to have failed of its essential purpose.
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Disclaimer And Non-Waiver of Rights
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AgileBits, Inc. makes no guarantees, representations or warranties of
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any kind as regards the website and associated technology. Any
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purportedly applicable warranties, terms and conditions are excluded, to
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the fullest extent permitted by law. Your use of the Service is at your
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sole risk.
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The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The
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Service is provided without warranties of any kind, whether express or
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implied, including, but not limited to, implied warranties of
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merchantability, fitness for a particular purpose, non-infringement or
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course of performance, except as provided for under the laws of any
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province in Canada. In such cases, the provincial law shall apply to the
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extent necessary.
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AgileBits, Inc. its subsidiaries, affiliates, and its licensors do not
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warrant that a) the Service will function uninterrupted, secure or
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available at any particular time or location; b) any errors or defects
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will be corrected; c) the Service is free of viruses or other harmful
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components; or d) the results of using the Service will meet your
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requirements.
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If you breach any of these Terms and AgileBits, Inc. chooses not to
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immediately act, or chooses not to act at all, AgileBits, Inc. will
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still be entitled to all rights and remedies at any later date, or in
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any other situation, where you breach these Terms. AgileBits, Inc. does
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not waive any of its rights. AgileBits, Inc. shall not be responsible
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for any purported breach of these Terms caused by circumstances beyond
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its control. A person who is not a party to these Terms shall have no
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rights of enforcement.
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You may not assign, sub-license or otherwise transfer any of your rights
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under these Terms.
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Exclusions
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As set out, above, some jurisdictions do not allow the exclusion of
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certain warranties or the exclusion or limitation of liability for
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consequential or incidental damages, so the limitations above may not
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apply to you. Provincial laws of Canada may apply to certain products
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and service provided.
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Governing Law
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These Terms shall be governed by, and interpreted and enforced in
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accordance with, the laws in the Province of Ontario and the laws of
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Canada, as applicable.
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If any provision of these Terms is held to be invalid or unenforceable
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by a court of competent jurisdiction, then any remaining provisions of
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these Terms will remain in effect. These Terms constitute the entire
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agreement between us regarding our Service, and supersede and replace
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any prior agreements, oral or otherwise, regarding the Service.
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Dispute Resolution
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All disputes and questions whatsoever which shall arise between
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AgileBits Inc. and you in connection with this Service Agreement, or the
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construction or application thereof or any provision contained in this
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Service Agreement or as to any act, deed or omission of any party or as
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to any other matter in any way relating to this Service Agreement, shall
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be resolved by arbitration. Such arbitration shall be conducted by a
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single arbitrator.
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The arbitrator shall be appointed by agreement between the parties or,
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in default of such agreement, such arbitrator shall be appointed by a
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Judge of the Superior Court of Justice sitting in Toronto, upon the
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application of any of the parties and such judge shall be entitled to
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act as such arbitrator, if he or she so desires.
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Unless otherwise agreed to by the parties, arbitration shall be held in
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the City of Toronto, Province of Ontario. The procedure to be followed
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shall be agreed to by the parties or, in default of such agreement,
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determined by the arbitrator. The arbitration shall proceed in
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accordance with the provisions of the Arbitration Act 1991 (Ontario).
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The arbitrator shall have the power to proceed with the arbitration and
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to deliver his or her award notwithstanding the default by any party in
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respect of any procedural order made by the arbitrator.
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The decision arrived at by the arbitrator shall be final and binding and
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no appeal shall lie therefrom. Judgment upon the award rendered by the
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arbitrator may be entered in any court having jurisdiction.
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Changes
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We reserve the right, at our sole discretion, to modify or replace these
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Terms at any time. If a revision is material we will make reasonable
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efforts to provide at least 30 days’ notice prior to any new terms
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taking effect. What constitutes a material change will be determined at
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our sole discretion.
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By continuing to access or use our Service after those revisions become
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effective, you agree to be bound by the revised terms. If you do not
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agree to the new terms, in whole or in part, please stop using the
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website and the Service.
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The Change Log section below is not a part of these Terms, nor is the
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Terms of Service archive or any content linked therefrom.
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Contact Us
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If you have any questions about these Terms, you can contact our support
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team or write us by mail at:
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Suite 303, 49 Spadina Ave
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Toronto, Ontario
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M5V 2J1, Canada
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Thanks for reading!
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Change Log
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2019-04-04: We added a section about operational emails.
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2018-10-26: We changed our office address.
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2017-09-08: We clarified what happens if we part ways.
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