Notice to User: This agreement (“Agreement”) sets out the terms and conditions governing your use of this On-line Web Site (“Web Site”). By using the service(s) set out herein you accept the following terms. You agree to be bound by the terms and conditions of this Agreement and you agree that it is enforceable as if it were a written negotiated agreement signed by Re-form Technologies Ltd. (hereinafter “RForm™”) and you. If you use the services on behalf of your employer, you warrant that you are authorized to enter into legally binding contracts on behalf of your employer, and the same rights, limitations and restrictions apply to your employer. You agree that this Agreement is enforceable as if it were a written negotiated agreement signed by your employer. If you and/or your employer do not agree to the terms of this Agreement, or if you are not authorized to enter into legally binding contracts on behalf of your employer, you must not use the service(s).
Further, if you do not meet the following eligibility requirements, you may not use the service(s) offered.
- You must be at least 18 years of age to use this Web Site, and have the ability to enter into legally binding contracts under applicable law.
- Rform™ reserves the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in its sole discretion.
This Agreement is between you and RForm™, a corporation duly incorporated under the laws of Prince Edward Island and having its offices at Charlottetown, Prince Edward Island. Please read it carefully.
1. YOUR RIGHTS
RForm™ grants to you a non-exclusive, non-transferable, limited (terminable) right to use this Web Site and the materials provided hereon, provided that you comply fully with this Agreement. You agree not to share your login and password for this Web Site with any other individual. You further agree not to interrupt, or attempt to interrupt, the operation of this Web Site in any way.
2. YOUR PASSWORD
As part of the registration process, you will create a password. This password is for your individual use only. You are responsible for maintaining the confidentiality of any password you use to access the services, and agree that RForm™ will have no obligation with regard thereto.
4. COPYRIGHT AND TRADEMARKS
All materials on this Web Site, including, without limitation, text, images, software, databases, and products and services (collectively, the “Content”) are owned or controlled by RForm™, which retains all right, title, and interest in and to the Content. This Web Site and the Content are protected by the copyright and trade-mark laws of Canada. Specifically, RForm™ has sole and exclusive ownership of all right, title, and interest in and to the products and services and any software included in them, including all copyright and any other intellectual property rights therein. This Agreement conveys a limited right and license to use the products and services and any software made available to you and shall not be construed to convey title to or ownership of the products and services or the software contained therein to you. All rights in and to the products and services not expressly granted to you are reserved by RForm™. Without restricting the general nature of the foregoing provisions, you agree not to use any trade-marks, service marks, names, logos, or other identifiers of RForm™ (or any RForm™ affiliates) without the prior written permission of RForm™ or the relevant affiliate. This includes, without limitation, the use of such trade-marks:
- in, as, or as part of, your trade-marks or those of any third parties;
- to identify products or services that are not those of RForm™;
- in a manner likely to cause confusion; or
- in a manner that implies that RForm™ sponsors or endorses or is otherwise connected with you or your activities, products and services or those of third parties.
RForm™ may make available to users of this Web Site e-mail notices, newsletters, chat rooms, message boards, bulletin board services or other interactive facilities (collectively, the “Forums”). RForm™ cannot review all communications made on or through this Web Site. RForm™ reserves the right, but has no obligation, to monitor the Forums and to edit, modify or delete any material which RForm™, in its sole discretion, determines to violate this Agreement or to be in any other way offensive or contrary to any RForm™ policy.
6. LINKS TO OTHER SITES
You hereby agree to indemnify, defend and hold harmless RForm™, its assigns and its affiliates, and their respective officers, directors and employees from and against any and all liability and cost, including solicitor’s fees, on a solicitor-client basis, incurred by any of the foregoing in connection with any claim of a third party arising out of your use of this Web Site or any breach or alleged breach of any of your obligations as set forth in this Agreement. You shall cooperate as fully as reasonably required to the defence of any such claim. RForm™ reserves the right to assume the defence and control of any matter otherwise subject to indemnification by you. You shall not settle any matter subject to indemnification pursuant to this Section without the prior written consent of RForm™.
8. DISCLAIMER OF WARRANTY
Except as expressly set forth herein, this Web Site (including all content, software, functions, products and services, materials and information made available thereon or accessed by means thereof) is provided as-is, without warranties of any kind, either express or implied, including, but not limited to, warranties of title, the implied warranties of merchantability and fitness for a particular purpose, compatibility, security, accuracy, or non-infringement. To the fullest extent permissible by law, RForm™ and its affiliates disclaim all warranties and shall not be liable for your use of or inability to use this Web Site under any circumstances, including, but not limited to, by reason of the negligence of RForm™. RForm™ does not warrant that the functions contained in this Web Site or the products and services offered will be uninterrupted or error-free, that defects will be corrected, that this Web Site (including the products and services) will meet any particular criteria of perform™ance or quality, or that this Web Site, including the Forums or the server(s) on which this Web Site is operated, are free of viruses or other harmful components.
9. LIMITATION OF LIABILITY
Use of this Web Site is at your own risk. You assume full responsibility and risk of loss resulting from you downloading and/or your use of files, information, communications, content, or other material (including, without limitation, software) accessed through, created or obtained by means of this Web Site. Under no circumstances shall RForm™ or its affiliates, or any provider of the telecommunications or network services for RForm™ or its affiliates, be liable for any indirect, punitive, special, or consequential damages that are directly or indirectly related to your use of or your inability to use this Web Site or the products and services, even if RForm™, its affiliates, or their providers of telecommunications or network services have been advised of the possibility of such damages. The total liability of RForm™ and its affiliates hereunder is limited to the amount, if any, actually paid by you for access and use of the products and services. You hereby release RForm™ and its affiliates from any and all obligations, liabilities and claims in excess of this limitation.
Upon any termination of this Agreement,
- the rights and licenses granted to your herein shall terminate;
- you shall cease all use of the products and services; and
- RForm™ shall remove and/or purge your data and account from the system.
In addition to any other rights of the parties set forth herein, either you or RForm™ may cancel or terminate this Agreement at any time in accordance with the subscription help instructions. RForm™ also reserves the right to restrict, suspend or terminate your access to the products and services in whole or in part, without notice, in the event of any breach or threatened breach by you of any portion of this Agreement. If RForm™ terminates this Agreement by reason of a breach of any portion of this Agreement, RForm™ reserves the right to refuse you access to the products and services offered on this Web Site.
- To this Agreement: RForm™ retains the exclusive right to modify this Agreement at any time. Any modification is effective immediately upon posting the amended agreement on this Web Site or distribution via electronic mail or conventional mail. Your continued use of this Web Site following notice of any modification to this Agreement shall be conclusively deemed to be an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of RForm™, including, without limitation, any change in Content, is to cancel your subscription in accordance with the subscription help instructions.
- To this Web Site: RForm™ retains the exclusive right to modify, suspend or discontinue this Web Site or any portion thereof at any time, including the availability of any area of this Web Site or its products and services. RForm™ may also impose limits on certain features and services or restrict your access to part or all of this Web Site without notice or liability.
- This Agreement constitutes the entire agreement between you and RForm™ with respect to this Web Site and, if applicable, its products and services and supersedes all prior agreements between you and RForm™ with respect to such subject matter.
- Failure by RForm™ to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
- RForm™ manages this site from its head offices in Charlottetown, Prince Edward Island, Canada. It can be accessed from any Internet location across the world. You and RForm™ agree that interpretation and enforcement of this Agreement shall be governed by the laws of the Province of Prince Edward Island without reference to its conflicts of laws provisions in respect of all matters relating to the use of this Web Site. You and RForm™ also agree and hereby submit to the exclusive personal jurisdiction of the courts of the Province of Prince Edward Island with respect to those matters.
- In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law to reflect the original intentions of the parties as nearly as possible, and the remainder of the provisions of this Agreement shall remain in full force and effect.
- You agree that because of the unique nature of the products and services and RForm™’s proprietary rights therein, a demonstrated breach of this Agreement by you would irreparably harm RForm™ and monetary damages would be inadequate compensation. Therefore, you agree that RForm™ shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of this Agreement.
- Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against RForm™ and such third parties shall not be entitled to enforce any term of this Agreement against RForm™.
13. COMPLIANCE WITH LOCAL LAWS
Given the global nature of the internet, you agree to comply with all local laws, including, without limitation, rules about the internet, data, email, privacy, copyright, and trademark infringement.
14. UNAUTHORIZED USE
Unauthorized use of this Web Site, including the products and services and/or the resale of the products and services is strictly prohibited.
15. REFUND & CANCELLATION POLICY
Membership is free for your first 90 days. This trial is considered a substantial period for a fair evaluation prior to making a purchase. Therefore, RForm™ membership package payments are paid for in advance of each month of use and become immediately non-refundable upon payment processed. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. RForm™, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other RForm™ service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. RForm™ reserves the right to refuse service to anyone for any reason at any time.