Terms of Service

Effective as of August 1, 2020

Before You can use Our Vehicles, You will need to be a PlanX Mobility Solutions Inc. member. Applying for a membership Account and accessing Our Vehicles is quick and easy, but it requires review and acceptance of these Terms and Conditions of Use (“T&Cs”), together with Our fee schedule and Rental Agreement, Waiver of Liability and Release

You are bound by everything in these T&Cs whenever You apply for a membership Account, become a member, use Our services, use Our Vehicles, or access any of Our websites or applications. You are responsible for understanding and agreeing to these T&Cs when You sign up for a membership Account and each time You use Our Vehicles.

DEFINITIONS

“Account” means Your PlanX membership account for use of and access to the Services;

“Account Information” means Your personal information, including name, email, contact information, payment and billing information including the Payment Method, passwords, usernames and/or other log-in or Registration Data associated with Your Account;

“Agreement” or “T&Cs” means these T&Cs and all terms and conditions set forth in this document between Us and the Users;

“Amendments” means any and all updates, amendments, contractions, expansions, and/or revisions to this Agreement;

“App” means Our smartphone or mobile application that provides information about User Accounts and Vehicles, and enables access to Our Vehicles. The App may also include the location of and access to other offerings;

“Auto-Update” has the meaning ascribed to it in Section 8.2 of this Agreement;

“CASL” has the meaning ascribed to it in Section 4.3 of this Agreement;

“Malicious Code” means viruses, worms, time bombs, Trojan horses and/or other harmful code, files, scripts, agents, or programs;

“Payment Method” has the meaning ascribed to it in Section 8.1 of this Agreement;

“PlanX”, “Our”, “Us” or “We” means PlanX Mobility Solutions Inc., with a registered and records address at 700 – 555 Burrard Street, Vancouver, BC, V7X 1M8, Canada, an email address of [email protected] and telephone number of 1-866-77 PLANX(75269);

“Privacy Legislation” has the meaning ascribed to it in Section 4.3 of this Agreement;

“Registration Data” has the meaning ascribed to it in Section 4.1 of this Agreement;

“Services” has the meaning ascribed to it in Section 3.1 of this Agreement;

“Site” means the App, web, desktop, device, smartphone, or mobile platform through which the Services are provided or accessed;

“Support” means any communication between Us and a User in relation to use of or access to the Services;

“Tele Act” has the meaning ascribed to it in Section 4.3 of this Agreement;

“User”, “You” or “Your” means an authorized person or legal entity who is a member, user, client, customer, visitor, supplier, professional, user, or consumer of the Services or any other content provided by Us; and

“Vehicle” means any of Our electric vehicles and scooters, together with any equipment or accessories and all technical equipment.

AGREEMENT

Acceptance of this Agreement. When you apply for a membership Account, when you click “I Agree”, and when You access or use the Services or any part thereof, You agree to be legally bound by this Agreement. You represent that You are over the age of majority in British Columbia, being 19 years old, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Services is and will be in compliance with all applicable laws. This Agreement is a legally binding contract between You and Us.
If You do not agree. If You do not agree to this Agreement, or if You do not have the right, power, and authority to agree to and be bound by this Agreement, You may not use the Services. Furthermore, You may not use the Services and You may not accept this Agreement if You are not at least the age of majority in Your jurisdiction and, in any event, of a legal age or capacity to form a binding contract.

THE SERVICES

These T&Cs govern Your use of the following services (collectively, the “Services”):
Your use of the App, Our Site and Our technology platform;
email newsletters published and distributed by Us;
any and all other services, interactive features, and communications made available by Us, howsoever accessed and/or used, that are operated by Us, made available by Us, or produced and maintained by Us and our related companies;
Your use of and access to the Vehicles offered by Us;
any Support provided by Us;
all updates, enhancements, and modifications to the Services; and
all intellectual property contained therein, pursuant to Section 10.

Unless explicitly stated otherwise, any and all new features that augment or enhance the Services, including the release of new services by Us, will be subject to this Agreement, and may incur further monetary obligations on Your part, as determined at Our sole discretion upon prior notice to you.

Limitations on Use. You agree to use the Services, drive the Vehicles, access Our Site, and use Our App only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. For greater certainty, without limiting the generality of the foregoing, You agree to: ONLY USE THE SERVICES FOR THE YOUR SOLE AND EXCLUSIVE PERSONAL USE; NEVER USE OR ACCESS ANOTHER USER’S ACCOUNT, EVEN IF THEY GIVE YOU THEIR PERMISSION; NEVER USE ANY VEHICLES OR THE SERVICES FOR OR IN CONNECTION WITH THE COMMISSION OF A CRIME; NEVER TAKE A VEHICLE INTO A NO-DRIVE ZONE; AND ALWAYS FOLLOW THE T&CS SET OUT HEREIN.

If Your use of the Services or Your acts or omissions, whether negligent, criminal, or otherwise, or Your other behavior intentionally or unintentionally threatens Our ability to provide the Services, other systems, or any other services whatsoever, We will be entitled to take all reasonable steps to protect the Services and the App, which may include but is not limited to the suspension of Your access to the Services or termination of Your Account pursuant to Section 13.1. We assume no responsibility for the acts, omissions, fault, breaches, negligence, or otherwise of other Users. In no event do We endorse User published content. Users shall remain solely responsible for the content of their messages and We shall have no obligation to prescreen any such content. However, We shall have the right in Our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Services at any time without notice. Without limiting the foregoing, We shall have the right to remove any material that We find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any User who fails to conform to any provision of these T&Cs access to the Services or any part thereof.

Availability of the Services. The Services, or any feature or part thereof, may not be available in all languages or in all municipalities, cities, towns or countries and We make no representation that the Services, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent You choose to access and use the Services, You do so at Your own initiative and are responsible for compliance with any and all applicable laws.

ACCOUNT INFORMATION

Creation of Account. You understand that You will need to create an Account to have access to the Services. You will: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration, sign-in, or subscription page (such information being the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or We have reasonable grounds to suspect that such information 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 or access to the Services (or any portion thereof). You are responsible for the security and confidentiality of Your password and Account. Furthermore, You are responsible for any and all activities that occur under Your Account. You will not share Your Account information or Your user name and password with any third party or permit any third party to logon to the Services using Your Account information. You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of security of which You become aware. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services.
Your Account Information. By submitting Your Account Information to Us, You are giving Us permission to use Your Account Information for the purpose of providing the Services. By using or accessing the Services, You expressly authorize Us to access Your Account Information and deliver the Services. You hereby authorize and permit Us to use and store information submitted by You to accomplish the foregoing. We may use and store Your Account Information in accordance with this Agreement and Our Privacy Policy https://planx.co/privacy-policy/, which is incorporated into and is a part of this Agreement.
Privacy Legislation. Our collection, use, and dissemination of Your Account Information inclusive of any and all personal information is governed by, in part, the federal Privacy Act, British Columbia’s Personal Information Protection Act, the Office of the Privacy Commissioner of Canada, Canada’s Anti-Spam Legislation (“CASL”), the Telecommunications Act (the “Tele Act”) and the relevant privacy legislation of the jurisdiction of the User, as and if applicable (all collectively, the “Privacy Legislation”). Where there is any ambiguity as to the terms under which We collect, use and/or disseminate Your Account Information, or a term conflicts with the provisions of the Privacy Legislation, such ambiguity or conflict will be resolved by interpreting such term(s) so as to be compliant with the applicable Privacy Legislation.

COVENANTS AND AGREEMENTS

Our Covenants and Agreements. We covenant and agree to:
provide Support for the Services;
subject to the exceptions below, use commercially reasonable efforts to make:
- the Services available 24 hours a day, seven days a week; and
- the Support available on business days, with an average response time of three business days or less for any requests received;

except for: (i) planned downtime; (ii) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees); or (iii) periodic updating, maintenance, or repair of the Services or other actions that We, in Our sole discretion, may elect to take;

provide reasonable care to secure the storage of passwords, Account Information, and Registration Data;
provide the Services in accordance with applicable laws and government regulations;
act in accordance with this Agreement and Our Privacy Policy https://planx.co/privacy-policy/ set out by Us;
report any misuse of the Services, including but not limited to sharing credentials or misusing data to the appropriate entity; and
use reasonable methods, at Our sole discretion, to actively monitor for misuse of the Services and enforce strict penalties for detected infractions, including termination of this Agreement and Accounts.
User’s Covenants and Agreements. The User covenants and agrees to:
use and access the Services in accordance with this Agreement, the Rental Agreement, Waiver of Liability and Release, and comply with all applicable laws when using and accessing the Services;
comply with all terms and agreements of this Agreement and all referenced rules, including prompt payment of all fees;
use and access all Services for Your sole and exclusive personal use;
prevent any other person, entity or company other than You to gain access to or use Your Account for the Services, through You or Your Account, and notify Us promptly of any such unauthorized access or use;
keep the Registration Data and Account Information up to date and accurate; and
ensure that Your system is secure and employs a current anti-virus protection program, antimalware, and anti-adware.
User’s Negative Covenants. The User will not:

share or distribute Account passwords with anyone, including other Users;
allow any other person or entity to use or access Your Account for the Services;
interfere with or disrupt the proper working of the Site or the integrity or performance of the Services or any data contained therein;
attempt to gain unauthorized access to the Services or their related systems or networks;
misrepresent Account Information;
use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy, or monitor the Services or any portion of the Services;
post or transmit any file which contains Malicious Code, or that otherwise interfere with the proper working of the Services;
attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
except as expressly permitted herein, permit any third party to access the Services on Your behalf;
copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site or the Services or their selection and arrangement; and/or
access the Services in order to build a competitive product or service.

COMPATIBLE DEVICES

Access to the Services. Use and access of the Services may be available through a compatible smartphone or mobile device, the internet, and/or network access and may require software. You agree that You are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of Your agreement with Your smartphone or mobile device and telecommunications provider.

WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; OR (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.

ALERTS

Online and Mobile Alerts. We may from time to time provide automatic alerts and voluntary Account -related alerts. Automatic alerts may be sent to You following certain changes to Your Account or information, such as a change in Your Account Information. Voluntary Account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by You. These alerts allow You to choose alert messages for Your Account. We may add new alerts from time to time, or cease to provide certain alerts at any time upon Our sole discretion. Each alert has different options available, and You may be asked to select from among these options upon activation of Your alerts service.

You understand and agree that any alerts provided to You through the Services may be delayed or prevented by a variety of factors. We may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. We will not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by You or any third party in reliance on an alert.

Electronic alerts will be sent to the email address that You have provided as Your primary email address for the Services. If Your email address or Your smartphone or mobile device’s email address changes, You are responsible for informing Us of that change. We may also elect to send alerts to a smartphone or mobile device that accepts text messages. Changes to Your email address, smartphone, or mobile number will apply to all of Your alerts. Because alerts are not encrypted, We will never include Your passcode. However, alerts may include Your Login ID and some information about Your Account. Depending upon which alerts You select, information such as an Account balance or the due date for Your credit card payment may be included. Anyone with access to Your email will be able to view the content of these alerts. At any time You may disable future alerts.

All commercial electronic messages referred to herein are, where applicable, governed by CASL and the Tele Act, respectively. BY YOUR ACCEPTANCE OF THIS AGREEMENT YOU CONFIRM THAT WE HAVE REQUESTED YOUR CONSENT AS REQUIRED TO BE IN COMPLIANCE WITH CASL AND/OR THE TELE ACT, AND YOU HAVE GIVEN YOUR CONSENT TO RECEIVE COMMERCIAL ELECTRONIC MESSAGES AND/OR ANY OTHER COMMUNICATION.

FEES

You may be required to provide Us with a valid credit card, debit card, or other payment account (“Payment Method”) in order to use certain Services provided by Us or one of Our partners. When You add a Payment Method to Your Account, You will be asked to provide customary billing information. You must provide accurate, current, and complete information when adding a Payment Method and it is Your obligation to keep Your Payment Method up-to-date at all times. You represent and warrant to Us that You are authorized to use any Payment Method You furnish to Us. You authorize Us to charge the Payment Method for all fees, as itemized in our fee schedule, incurred by You with respect to the Services, including applicable sales, use, HST/GST, and other local government charges. If You dispute any charge on Your Account, you must contact Us within 10 business days from the end of the month within which the disputed charge occurred, and provide to Us with all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride associated with the disputed charge. You agree to immediately inform Us of all changes relating to the Payment Method.

You agree, understand and acknowledge that We may engage third party payment processors/gateway service providers to facilitate processing of payments, including Auto-Update. Accordingly, You may be required to follow any terms and conditions of such third party payment processors/gateway service providers, as communicated to You, from time to time.

Auto-Update. We or one of Our partners may require or make available an option for You to preload a balance associated with Your Account and automatically make payments on a recurring basis (“Auto-Update”). By enabling Auto-Update, You opt to automatically reload Your Account balance each time Your Account reaches or falls below a specified amount. We or Our affiliates or partners may, at any time, without any notice to You, discontinue the Auto-Update feature. You may cancel or disable Auto-Update in the settings/preferences of Your Account on the App. In the event that either: (a) you cancel or disable Auto-Update; or (b) one of Your automatic payments is declined, for any reason whatsoever, including without limitation, expiry of Your credit card; then the Auto-Update amount will not be added to Your Account In such scenarios, You may be required to separately load Your Account balance. We may choose to notify You, through email or SMS, once Your Account balance reaches or falls below zero. You authorize Us to communicate with You through emails or SMS in connection with Auto-Update. You acknowledge that We may also communicate with You through any of Our affiliate(s).
Modification of Fees. We reserve the right to modify the dollar amount of Our fees and Our pricing structure at any time. Modifications to fees are applicable immediately. We will notify the Users of a price change.
Significant Modifications. In some instances, We may willingly and significantly alter the Services, the dollar amount for fees, and/or the User pricing structure as a part of on-going operations. In such event, modifications to fee arrangements, the Services, and this Agreement may be enforceable instantly to a User. You agree that We reserve Our sole right to deem what constitutes as a significant modification.

PRIVACY POLICY

Your Account Information and certain other information about You is subject to Our Privacy Policy, which is incorporated into and is a part of this Agreement. You understand that through Your use and access of the Services, You consent to the collection and use of that information as set forth in Our Privacy Policy https://planx.co/privacy-policy/.

PROPRIETARY RIGHTS

Our Rights. You acknowledge and agree that We own all legal right, title, and interest in and to the Services, including but not limited to all graphics, user interface, the scripts, and software used to implement the Services, and any and all documents or software provided to You as a part of and/or in connection with the Services, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Services or any other part thereof contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that You will not use such proprietary information or materials in any way whatsoever except for use of and access to the Services in compliance with this Agreement.

You acknowledge and agree that, in the course of performing the Services, We may use software and related processes, instructions, methods, and techniques that have been previously developed by Us or that are developed by Us, whether alone or with a third party, and such materials will remain Our sole and exclusive property. All rights in the Services not expressly granted in this Agreement are reserved by Us.

We maintain a worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use or incorporate into the Services, without any obligation to compensate Users in any way, any suggestions, enhancement requests, recommendations, or other feedback provided by a User and its agents relating to the Services.

INDEMNIFICATION

You agree to defend, indemnify, and hold Us harmless, together with Our officers, directors, shareholders, employees, related companies, and entities and agents, from and against all claims, suits, proceedings, losses, liabilities, costs, and expenses, including but not limited to legal fees on a solicitor and own client basis, that arise out of or relate to, in whole or in part, or are attributable to any breach of this Agreement by You, Your use or inability to use or access the Services, any activity by You in relation to the Site or Your use or access of the Services, and any and all proceedings advanced by a third party against Us as a result of or arising in connection with Your use or access of the Services, or otherwise caused, directly or indirectly, by You.
In the event that You have a dispute with one or more other Users of the Services, You fully and finally release Us (and Our officers, directors, shareholders, employees, related companies, and entities and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

MODIFICATIONS

The Services. We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Services with or without notice to You. We reserve the right to change the Services, including applicable fees, in Our sole discretion and from time to time. In such event, We will provide notice to You. If You do not agree to the changes after receiving notice of the change to the Services, You may stop using or accessing the Services and proceed to terminate Your Account pursuant to Section 13.2. Your use of the Services, after You are notified of any change(s) will constitute Your agreement to such change(s). You agree that We will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services or Your access to same.
This Agreement. You acknowledge that this Agreement may be amended periodically by Us, and You agree to be bound by such Amendments if you are provided with reasonable notice via email, phone, physical mail, in-app chat, through the App, or on the Site, whether prior to or after the Amendment. In the event that You do not agree with an Amendment, You must immediately stop using and accessing the Services and take the necessary steps to terminate Your Account pursuant to Section 13.2. The latest version of this Agreement may be found at https://planx.co/terms-of-service/, and You accept the obligation to review this Agreement and any and all future Amendments prior to each use.

TERMINATION OF THIS AGREEMENT

Termination by Us. We may suspend or terminate a User’s Account and access to any part or all of the Services and any related service(s) at any time, with or without notice, effective immediately, if We believe that Your conduct fails to conform with this Agreement or the standard to which We conduct business and/or You have misrepresented any information to Us, whether intentionally, negligently, fraudulently, or otherwise. Without limiting Our rights and Your limitations under this Agreement, if You use or access, or attempt to use or access the Site or the Services or Our proprietary materials for any purpose other than its intended purpose (including without limitation by tampering, hacking, modifying, or otherwise corrupting the security or functionality of the Site or the Services), You may also be subject to civil and/or criminal liability.
Termination by the User. You may suspend or terminate Your Account with Us at any time, for any or no reason. This may be done through the App or Our Site.

GOVERNING LAW

Province of British Columbia. Each party irrevocably agrees that this Agreement and all related matters will be governed by the laws of the Province of British Columbia, being Our jurisdiction of registration, and the laws of Canada applicable therein, without regard to any rules relating to conflict of laws. Each party agrees to submit to the exclusive jurisdiction of the Courts of British Columbia (Vancouver Registry) with respect to any dispute between them arising from or pertaining to this Agreement or the subject matter hereof.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES AND THE SITE IS AT YOUR SOLE RISK.

WE DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION: (I) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, AND SYSTEM INTEGRATION; (II) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICES; OR (III) THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

ANY RELIANCE UPON THE SERVICES IS AT YOUR OWN RISK AND WE MAKE NO WARRANTIES.

LIMITATION OF LIABILITIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), IN EQUITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, GOODWILL, INTANGIBLE LOSSES, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITE OR THE SERVICES, YOUR USE OF THE SERVICES, THIS AGREEMENT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE DO NOT ASSUME ANY RESPONSIBILITY, NOR WILL WE BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE SERVICES.

IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY MATERIALS, OR INFORMATION CONTAINED ON ANY OR ALL OF THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES.

Maximum Liability. To the extent that the foregoing limitation of liability is, in whole or in part, held to be inapplicable or unenforceable for any reason, then Our aggregate liability for any reason and upon any cause of action (including, without limitation, negligence, strict liability, and other actions in contract or tort) arising out of or in any way related to the Services or this Agreement will be LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO $50.00. The limitation of liability herein applies to all liabilities in the aggregate, including, without limitation, those resulting from Your use or Your inability to use or access the Site or the Services, or any other matter arising from or relating to the Services. In the event Your province or jurisdiction does not allow for an exclusion or limitation of liability, the above limitation may not apply to You.

GENERAL PROVISIONS

Entire Agreement. This Agreement together with all of the referenced rules and the Rental Agreement, Waiver of Liability and Release, which are incorporated into and form an integral part of this Agreement, constitutes the entire agreement between You and Us and governs Your use of the Services, superseding any prior agreements between You and Us with respect to the Services. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Services or affiliate services from Us. Nothing in this Agreement is to be construed as establishing or creating a partnership between the parties, a relationship of employer and employee, a relationship of principal and agent, nor any other form of representation or warranty.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. In the event of conflict between clauses, the stricter or more conservative of the clauses will take effect. In the event of grammatical or spelling mistakes present in this Agreement, the intent of the clause will still be in effect and it will be interpreted in a manner that is grammatically and syntactically correct.
No Right of Survivorship and Non-Transferability. You agree that Your Account is non-transferable and any rights to Your Account will terminate upon Your death. Upon receipt of a notarially certified true copy of a certificate of death, Your Account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action by You arising out of or related to use of or access to the Services or this Agreement must be filed within one year after such claim or cause of action arose, or be forever barred by the passage of time.
Section Titles and Sub-Headings. Section titles and sub-headings in this Agreement are for convenience only and have no legal or contractual effect.
Additional Assistance. If You do not understand any of the foregoing T&Cs or if You have any questions or comments, We invite You to contact Us at [email protected].