Terms Of Service
Last Revised: 03/01/2022
Thank you for signing up to use our software service (the “Service”) made available to you on https://revone.ai or through any other website owned, operated, or controlled by us (collectively, the “Site”) or through our application we or others make available to you. Please read these terms and conditions (the “Terms of Service”) carefully. By using the Service or signing up for an Account (as defined below), you are agreeing to these Terms of Service, which means you will be in a legal agreement with Revone Software Development Corporation and our affiliates or subsidiaries, as applicable (“we”, “us”, “our”, and similar expressions).
Account and Availability of the Service
1. To access and use the Service, you must register for an account with us through the registration process on our Site, through our authorized support personnel, or the other means of creating an account provided to you through the Service (an “Account”). To create an Account, you may need to provide your full legal name, current address, phone number, a valid email address, and any other information we require. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
2. You must be the older of 18 years or the age of majority in the jurisdiction where you reside and from which you use the Service to open an Account.
3. You may not sign up for, or have any access to, an Account if doing so would violate any applicable laws or regulations of Canada or the laws and regulations of any jurisdiction applicable to you.
4. By signing up for an Account, you represent and warrant that you meet the conditions for having an Account with us and acknowledge that we are relying on this representation and warranty. If you sign up for an Account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms of Service on its behalf.
5. You acknowledge that we will use the email address you provide when you open an Account or as updated by you from time to time as the primary method for communication with you.
6. You are responsible for keeping your Account secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account, including any password or single sign-on integration you use to access your Account.
7. If your Account is inactive for 1 or more months, we may terminate the Account. Once your Account is terminated, whether by you or us, you acknowledge and agree that we may permanently delete your Account and all the data associated with it.
8. In the event of a dispute regarding Account ownership, we have the right to request documentation to determine the appropriate Account ownership. Documentation may include things such as a scanned copy of your government issued photo identification or the account number associated with a connected service or account, such as an account associated with any method of payment we have for you. We have the right to determine, in our sole judgment, who the rightful Account owner is and transfer an Account to that person. If we are unable to reasonably determine the rightful owner of an Account, without prejudice to our other rights and remedies, we have the right to temporarily disable an Account until you and the other party in the dispute have resolved the question of who is the rightful owner.
9. Technical support regarding the Service is only provided to Account holders and their authorized representatives through the support tools and contact methods provided through the Service and on the Site.
10. The Service allows you to access or acquire products, services, websites, links, content, material, and offers from independent third parties (companies or people who are not us) (“Third-Party Services”). Our Service also helps you find, make requests to, or interact with Third-Party Services or allow you to share your User Materials or Data with them, and you understand that by using our Service you are directing them to make Third-Party Services available to you. The Third-Party Services may present you with a privacy policy or require you to accept their terms before you can access those Third-Party Services. You should review the third-party terms and privacy policies before acquiring, using, or requesting the Third-Party Service. Any third- party terms do not modify these Terms of Service. We do not license any intellectual property to you as part of any Third-Party Services. You agree to assume all risk and liability arising from your use of these Third-Party Services and that we are not responsible for any issues arising out of your use of them. We are not responsible or liable to you or others for information or services provided by any Third-Party Services.
11. The Service, Third-Party Services, or material or products offered through the Service may be unavailable from time to time, may be offered on a limited basis, or may vary depending on your region. If you change the location associated with your Account, whether temporarily or permanently, you may need to re-acquire the material that were available to you in your previous region.
Access to the Service is subject to these Terms of Service and other Terms and Conditions
1. You must read, agree with, and accept all of the terms and conditions contained or referenced in these Terms of Service, including our Privacy Policy and any of our other applicable terms, conditions, or policies before you sign up for an Account or use our Service (collectively, the “Additional Terms”).
2. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service and the Additional Terms.
3. You can review the current version of the Terms of Service and Additional Terms at any time at the Site or within the Service. You acknowledge and agree that we may amend these Terms of Service at any time by posting an updated version on the Site or in the Service. All such amendments to the Terms of Service or any applicable Additional Terms are effective as of the date of posting. Your continued use of the Service after the amended Terms of Service are posted means you have agreed to the changes. If you do not agree to any changes to the Terms of Service or any applicable Additional Terms, do not continue to use the Service.
4. A breach or violation of any term in the Terms of Service or the Additional Terms, as determined in our sole discretion, may result in an immediate termination of your access to the Service and your Account.
5. We reserve the right to modify or terminate the Service for any reason, without notice at any time. Not all Service features are available in every jurisdiction and we are under no obligation to make any Service or features available in any jurisdiction. We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any market segment.
6. If we make the Service available for integration with your own services, you or your developers or other contractors must deploy the integration in accordance with our Application Programming Interface (API) terms and conditions, which we may update from time to time.
7. The Service includes integrated third-party payment gateways (“Payment Gateways”). All such Payment Gateways are Third-Party Services and in addition to these Terms of Service, your use of them will be subject to the terms and conditions of the applicable Payment Gateway service provider, as they may be amended from time to time. You are responsible for reviewing the applicable Payment Gateway service provider’s terms and conditions and your continued use of the Payment Gateway with the Service is your agreement to be bound by those terms and conditions. If you do not agree to any of the applicable Payment Gateway service provider’s terms and conditions, you must not continue to use the Payment Gateway in connection with the Service. You may need an account with the Payment Gateway to use it with the Service. If that is the case, you acknowledge that it is your responsibility to activate and maintain the third-party accounts associated with your Payment Gateway. If you do not wish to keep the account associated with the applicable Payment Gateway active, it is your responsibility to deactivate it. Payment Gateways used in connection with the Service may be subject to a fee from the Payment Gateway provider. That fee may be in addition to the fees we charge you for the Service.
8. Use of Revone Software Development Corporation Service requires the Account holder to apply for, be accepted and for all card payment transactions use Nuvei Technologies Corp. for the Payment Gateway.
9. Questions about the Terms of Service should be sent to hello@revone.ai.
App and App Stores or Providers
1. The Service may be provided to you through an application (the “App”) that you can download through the Apple App Store, Google Play, the Microsoft Store, or any other app store or distribution platform on which we make the App available (collectively, the “App Provider”).
2. When you download the App through an App Provider, you acknowledge and agree that: (a) these Terms of Service are between us, and not with the App Provider, and that we are responsible for the Service, not the App Provider; (b) the App Provider has no obligation to provide maintenance and support services or handle any warranty claims; (c) the App Provider is not responsible for addressing any claims you or any third-party have relating to the App; and (d) the App Provider is a third-party beneficiary of these Terms of Service regarding your use of the App, and the App Provider will have the right to enforce these Terms of Service regarding your use of the App.
3. Your use of the App is governed by these Terms of Service and the Additional Terms.
4. If you comply with these Terms of Service, we grant you the right to install and use one copy of the App per device on a worldwide basis for use by only one person at a time as part of your use of the Service. The App, software, or website that is part of the Service may include third-party code. Any third-party scripts or code, linked to or referenced from the App, software, or website, are licensed to you by the third parties that own such code, not by us. Notices, if any, for the third party code are included for your information only.
5. The App is licensed, not sold, and we reserve all rights to the App not expressly granted by us, whether by
implication, estoppel, or otherwise. This license does not give you any right to, and you may not: (a) circumvent or bypass any technological protection measures in or relating to the App or Services; (b) disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer the App, any software or other aspect of the Service that is included in or accessible through the Service or App, except and only to the extent that the applicable copyright law expressly permits doing so; (c) separate components of the App or Service for use on different devices; (d) publish, copy, rent, lease, sell, export, import, distribute, or lend the App or the Service, unless we expressly authorize you to do so; (e) transfer the App, any software licenses, or any rights to access or use the App or Service; (f) use the Service in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network; (g) enable access to the App or Service or modify any of them by unauthorized third-party applications.
Privacy, Content, and Data
1. Your privacy is important to us. Please read our Privacy Policy as it describes the types of data we collect from you and your devices (“Data”), how we use your Data, and the legal bases we have to process your Data.
2. Your use of the Service is subject to our Privacy Policy, which we may update from time to time.
3. The Privacy Policy also describes how we use your content, including photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited on or in connection with your Account or your use of the Service (“User Materials”). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms of Service, you consent to our collection, use, and disclosure of your User Materials and Data as described in the Privacy Policy. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Policy.
4. We may, but have no obligation to, remove User Materials and suspend or terminate Accounts if we determine in our sole discretion that the User Materials violate these Terms of Service. We do not pre-screen User Materials and it is in our sole discretion to refuse or remove any User Materials from the Service at any time. You can remove your User Materials at any time by deleting your Account.
5. To the extent necessary to provide the Service to you and others, to protect you and the Service, and to improve our products and services, you grant us a worldwide and royalty-free intellectual property license to use your User Materials, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools your User Materials on the Service. If you publish your User Materials in areas of the Service where it is available broadly online without restrictions, your User Materials may appear in demonstrations or materials that promote the Service or be displayed as intended by the Service. You agree to allow others to view your User Materials that you post publicly.
Payment Terms
1. Applicability. Not all of our Services require a payment for access. However, if a part of or the whole of our Service requires payment for access, we will tell you before you may access that part of the Service. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
2. Charges. If there is a charge associated with a portion of the Service, you agree to pay that charge in the currency specified. The price stated for the Service excludes all applicable taxes and currency exchange
settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your Account was registered unless local law requires a different basis for the calculation. We may suspend or cancel the Service if we do not receive an on time, full payment from you. Suspension or cancellation of the Service for non-payment could result in a loss of access to and use of your Account and its content. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location. Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a debit or credit card. Please contact your bank for details.
3. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You agree to permit us to use any updated payment account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your Account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
4. Billing. By providing us with a payment method, you (a) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (b) authorize us to charge you for the Service or available content using your payment method; and (c) authorize us to charge you for any paid feature of the Service you choose to sign up for or use while these Terms of Service are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
5. Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly), you agree that you are authorizing recurring payments, and payments will be made to us by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by us. You must cancel your Services before the next billing date to stop being charged for the Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing us to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account, or as charges to your designated account (for credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, we or our service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee, and process any such payment as an Electronic Payment.
6. Online Statement and Errors. We will provide you with an online or emailed billing statement. If we make an error on your bill, you must tell us within 90-days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund, unless otherwise required by law. If we identify a billing error, we will correct that error within 90-days. This policy does not affect any statutory rights that may apply.
7. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
8. Cancelling the Services. You may cancel a Service by giving us 30 days’ notice, with or without cause. Cancelling paid Services stops future charges to continue the Service. You should refer back to the offer describing the Services as (a) you may not receive a refund at the time of cancellation; (b) you may be obligated to pay cancellation charges; (c) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and (d) you may lose access to and use of your Account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
9. Trial-Period Offers. If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.
10. Promotional Offers. From time to time, we may offer Services for free for a trial period. We reserve the right to charge you for such Services (at the normal rate) if we determine (in our reasonable discretion) that you are abusing the terms of the offer.
11. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 30 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
12. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous over-payment.
13. Bank Account Payment Method. You may register an eligible bank account with your Account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g., a Canadian-based financial institution that supports automated clearing house (“ACH”) entries). Terms you agreed to when adding your bank account as a payment method in your Account also apply. You represent and warrant that your registered bank account is held in your name or you are authorized to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorize us (or our agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your Account. Contact us as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous, or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these terms.
General Rules and Abuse
1. You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, the laws applicable to you in your customer’s jurisdiction (if applicable), or the federal and provincial laws of Canada generally. You will comply with all applicable laws, rules, and regulations in your use of the Service.
2. You may not use the Service to promote or incite harm toward others or in a way that promotes hateful, discriminatory, or harassing content. We may suspend or terminate your Account if, in our sole opinion, you are using the Service in a way that, directly or indirectly, violates this section.
3. You agree to not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
4. The Service allows you to send certain communications to others by electronic means (“Electronic Communications”). You will only use the Electronic Communications features in the Service in compliance with these Terms of Service and the laws of the jurisdiction from which you send messages and in which your messages are received, including any “anti-spam” laws and regulations.
Copyright, Trademark, and other Intellectual Property Matters
1. Unless we expressly say otherwise, the Service and all text, pictures, graphics, music, sound files, bar codes, video, data, information, software, code, files, hyperlinks, displays, patents, and other content and materials used in or associated with the Service and the selection and arrangement of them (collectively “Content”) are our property or that of our licensors.
2. Our trademarks (whether registered or unregistered), trade names, service marks, graphics, and logos (collectively, the “Marks”) used in connection with the Service are our property. Other trademarks, trade names, service marks, graphics, and logos used in connection with the Service are the property of their respective owners (collectively “Third-Party Marks”). The Marks and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of us or the applicable owner.
3. The Service, Content, Marks, and Third-Party Marks are protected by Canadian (including federal and provincial) and international copyright, trademark, patent, and trade secret laws and other proprietary rights, and may have security components that protect digital information contained within them to be used only as authorized by us or the owners of them. All rights not expressly granted by these Terms of Service are reserved.
4. Unless you provide us with written notice to the contrary or of any reasonable restrictions or requirements, you agree that we may disclose that you are a customer of the Service and may use your name(s) and logo(s) in: (a) our digital, online, and printed marketing materials (including on our websites); and (b) external-facing presentations, including to individual clients and prospects and at trade shows, conferences, and similar events.
5. We do not claim any intellectual property rights over User Materials. Your User Materials remain yours and you are responsible for your User Materials. You represent and warrant that for the duration of these Terms of Service, you have (and will have) all the rights necessary for your User Materials that are uploaded, stored, or shared on or through the Service and that the collection, use, and retention of your User Materials will not violate any law or rights of others. You are responsible for compliance of the User Materials with any applicable laws or regulations and these Terms of Service.
6. You maintain ownership over your User Materials. We own and reserve all rights to information, aggregate data, resultant data, and other content that is derived by or through the Service, including from processing User Materials, that is sufficiently different from your User Materials that it cannot be reverse engineered or otherwise personally identifiable. We may use aggregated information derived in part from your Customer Content and your use of the Services for the purposes of enhancing and developing our products and services.
Feedback
1. It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing on our own. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you agree that you give us a royalty-free, irrevocable, transferable right, and license to use all reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to us in connection with your use of the Service (collectively, “User Submissions”) in however manner we desire and for whatever purpose, including without limitation, to copy, modify, delete, adapt, publish, translate, create derivative works from, sell, profit from, or distribute such User Submissions or incorporate such User Submissions into any form, medium, or technology (including the Service) throughout the world.
2. We are under no obligation to compensate you in any way for User Submissions, to maintain any User Submissions in confidence, or to respond to any User Submissions. You agree that any User Submissions submitted by you to us will not violate the right of any third-party, including without limitation, copyright, trademark, privacy, or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no User Submissions submitted by you to us will be or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.
Limitation of Liability, Indemnity, and other Disclaimers
1. To the maximum extent permitted by law, you acknowledge and agree that (a) you assume full responsibility for any loss that results from your use of the Service, (b) we and, as applicable, our parent company, subsidiaries, affiliates, partners, members, officers, directors, agents, employees, contractors, and suppliers (collectively, “Indemnitees”) will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we have been advised of the possibility of those damages, and (c) in any calendar month, our total liability to you arising under or in connection with the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be no more than the greater of what you paid us for the Service in the preceding month or $100. For the avoidance of doubt, in no instance will we or our Indemnitees be liable for any losses or damages you suffer if you use the Service in violation of these Terms of Service, regardless of whether we terminate or suspend your Account due to such violation.
2. To the maximum extent permitted by law, we provide the Service “as is”. This means that, except as expressly stated in these Terms of Service, we do not provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes warranties of merchantability, performance, and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Terms of Service. Since those who use our Service do so for a variety of reasons, we cannot and do not guarantee that it will meet your specific needs.
3. Our Service provides forward looking estimates, projections, and other predictions. While the Service may use historical information and other data to inform algorithms and other processes used to create predictions about future results, we make no assurances that the predictions will be accurate. Although we believe that the future results predicted by our Service are based upon reasonable assumptions, expectations, algorithms, and processes, you are cautioned to not place undue reliance on such predictions because they involve assumptions, known and unknown risks, uncertainties, and other factors outside of our control that may cause the actual results, performance, or achievements underlying the predictions to differ materially from the anticipated results expressed or implied by the Service. We are not liable for your reliance on the Service or its projections and you expressly agree that your reliance on these tools is subject to the limitations on liability contained in these Terms of Service.
4. Indemnity is an agreement to compensate someone for a loss. You agree to indemnify and hold us and our Indemnitees harmless from any losses, including legal fees and expenses, that directly or indirectly result from any claims you make that are not allowed under these Terms of Service due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us and our Indemnitees harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your content (including User Materials), (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms of Service,
(e) any misrepresentations made by you, or (f) a breach of any representations or warranties you have made to us.
5. Your violation of these Terms of Service may cause irreparable harm to us and our Indemnitees. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms of Service (meaning we may request a court order to stop you).
6. If we must provide information in response to a demand for discovery, subpoena, court order, or other legal, governmental, or regulatory inquiry related to your Account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
7. We are not responsible for the behavior of any third parties, linked websites, or other users of the Service.
8. We are not liable for any delays or failure in performance of any part of the Service from any cause beyond our control. This includes changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, unexplained events, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
9. We strive to keep the Service up and running; however, all online services suffer occasional disruptions and outages, and we are not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve your User Materials or Data that you have stored. We recommend that you regularly backup your User Materials and Data that you store on the Service or that you have connected with Third-Party Services.
General Terms
1. These Terms of Service are governed by the laws of Alberta and the federal laws of Canada applicable therein, without resort to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You irrevocably consent to the exclusive jurisdiction of the courts in Alberta, Canada for purposes of any legal action arising out of or related to these Terms of Service.
2. By using the English version of the Site, the parties acknowledge and agree that they have required that this Agreement be prepared in the English language. En utilisant la version anglaise de les sites, les parties reconnaissent avoir exigé que la présente convention soit rédigée en anglais.
3. For purposes of these Terms of Service: (a) the words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein”, “hereof”, “hereby”, “hereto” and “hereunder” refer to the Terms of Service as a whole; and (d) whenever the singular is used, the same will include the plural, and, whenever the plural is used, the same will include the singular, where appropriate. The definitions given for any defined terms will apply equally to both the singular and plural forms of the terms defined.
4. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns, and legal representatives. We are permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations, to any third-party without our prior written consent, to be given or withheld in our sole discretion.
5. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal, or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
6. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and us and govern your use of the Service and your Account, superseding any prior agreements between you and us (including any prior versions of the Terms of Service).
7. The headers and any sidebar text are provided only to make these Terms of Service easier to read and understand. The fact that we wrote these Terms of Service will not affect the way our agreement with you is interpreted.
8. Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Site. Any notice to us will be effective when delivered to us at the addresses we post for general
Communication to us on our Site.
9. These Terms of Service and any Additional Terms you have agreed to make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. This section shall survive any termination of the Terms of Service. Where there is a conflict between these Terms of Service and the Additional Terms, the Additional Terms will control to the extent of the conflict.
10. Even if these Terms of Service are terminated, the following sections will continue to apply: Privacy, Content, and Data; Copyright, Trademark, and other Intellectual Property Matters; Limitation of Liability, Indemnity, and other Disclaimers; any sections regarding compliance with laws, choice of law, or severability; and any other terms which expressly or by their nature ought to survive the termination of the Terms of Service.
