Occasionally we may, in our sole and absolute discretion, make changes to the Agreement. When we make material changes to the Agreement, we will provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a notice within the Services or by sending you notice by email. In some cases, we will notify you in advance, and your continued use of the Services after the changes have been made will constitute your acceptance of the changes. Please ensure to read any such notice carefully. If required, you will also provide Sendies Inc. updated contact information in a timely manner. If you do not wish to accept the revised Agreement, you may terminate the Agreement by contacting us through the Sendies Inc. Support contact form and immediately ceasing to use the Services.
- The Services, along with the content respectively included therein (“Content”) and any applications provided in connection therewith, may only be accessed in accordance with the Agreement. The Sendies Inc. Services are owned and operated by Sendies Inc., and any violation of these terms and conditions, or any copyright infringement in the Content may be enforced by Sendies Inc.; or, by any affiliate thereof. to the fullest extent allowed by law.
- Should you access and/or use the Services on the behalf of another legal entity, you hereby represent and warrant that you have the authority, actual or implied, to bind that entity to the Agreement.
- You must be at least 18 years old, or such other age as determined by us in our sole and absolute discretion, as determined by factors such as location to use the Services. Minors are permitted use of the Services provided a parent or legal guardian of the minor accepts the Agreement and consents to the use thereof on behalf of the minor. You represent and warrant that you have obtained the necessary consents, prior to your use as a minor, of the Services.
- You acknowledge and agree that Sendies Inc. may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally in Sendies Inc.’s sole and absolute discretion, without prior notice to you. You may stop using the Services at any time. You do not need to expressly inform Sendies Inc. when you stop using the Services. You acknowledge and agree that in the event of termination of the Services by Sendies Inc. or by you, Sendies Inc. may disable your account and you may be prevented from accessing the Services, your account details or any files or other materials, which may be contained in your account.
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Sendies Inc., unless you have been specifically authorized to do by an authorized representative of Sendies Inc.
- You, directly or indirectly, alone or with any other party, may not:
- Modify, change, create derivative works of, disassemble, decompile or otherwise reverse engineer the Services or any software provided in connection with the Services (“Software”), or remove proprietary legends in the Services or Software;
- Distribute, transfer, resell, rent, lease, or loan the Services or Software to any other party
- Make the Services or Software available to others in a Services bureau arrangement or for any similar commercial time- sharing or third-party training use;(d) use the Services to harass, threaten or otherwise cause distress, unwanted attention or discomfort to a person or entity;
- Post, transmit or otherwise use in connection with the Services any prohibited content including, without limitation, content that: (I) is pornographic, sexually explicit or offensive or contains a link to an adult website; (ii) contains graphic or gratuitous violence including realistic portrayals of people or animals being killed, maimed, tortured, or abused, or other similar content; (iii) is discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, particularly if likely to humiliate, intimidate, or place a targeted individual or group in harm’s way; (iv) encourages or glorifies drug use; (v) is predatory in nature, or is harassing or bullying; (vi) promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual; (vii) constitutes or promotes information that you know or ought to know is false or misleading or promotes illegal activities; (viii) constitutes conduct that is abusive, threatening, obscene, defamatory or libelous; (ix) furthers or promotes criminal activity or provides instructional information about illegal activities; (x) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any third party; or, (xi) is inflammatory religious commentary or inaccurate or misleading quotations of religious texts.
- Send any content that is highly repetitive, unwanted, unsolicited, “spam”, or bulk commercial email;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Violate (intentionally or unintentionally) any applicable local, state, national or international law including, but not limited to, any regulations having the force of law; or
- Interfere with or disrupt the Services or Software, or servers or networks connected to the Software, or disobey any requirements, procedures, policies or regulations of networks connected to the Services or Software.
- You agree that you are solely responsible for (and that Sendies Inc. has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences (including any loss or damage which Sendies Inc. may suffer) of any such breach. To the extent Sendies Inc. incurs any financial penalties or other costs and expenses (including investigation expenses) from Sendies Inc.’s server hosting facility, internet Services provider or other vendors because of your use of the Software, you shall be obligated to immediately reimburse Sendies Inc. for any such penalties, costs or expenses.
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services, is the sole responsibility of the person from which such materials originated. Content you create may be stored on your local device, in the cloud, or any other method the Services so authorizes.
- You understand that you may choose not to allow the Services access to your camera, access your microphone, or to provide notifications related to the Services. You acknowledge that your choice not to allow such access, or provision of notifications, may impact the functionality of the Services and may render it unable to deliver some or all of its functions.
- Sendies Inc. reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and Services mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Services. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Services or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Services or any materials contained therein
- While Sendies Inc. uses reasonable efforts to include accurate and up-to-date information on the Services, Sendies Inc. makes no warranties or representations as to its accuracy. Sendies Inc. assumes no liability or responsibility for any errors or representations in the Content or the Services.
- The Services may contain links to other sites on the Internet, which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Sendies Inc. is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
- By using the Services, you represent and warrant that you are not violating the terms of any third party agreement to which you are also a party.
- You acknowledge that by accessing the Services, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that Sendies Inc. shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. The user agrees not to impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. Sendies Inc. has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Services, including content that has been
posted by users.
- Sendies Inc. reserves the right (but has no obligation) to filter, investigate, remove, prohibit, edit or discontinue any content on the Services, including content that has been posted by Users, in our sole and absolute discretion, that violates the provisions of the Agreement or any user guidelines or codes of conduct that we may provide to users. Without limiting the foregoing, Sendies Inc. may remove any offending Content without prior notice, terminate or suspend a Customer’s Account or access to the Services and/or report such Content or activities to law enforcement authorities. You acknowledge and agree that Sendies Inc. may, at any time and for any reason, view any posted content or submitted material. Without limiting the foregoing, Sendies Inc. may use any means necessary to ensure that posted content and submitted materials do not breach the Agreement. User accounts under investigation may be temporarily locked or access disabled [Sendies Inc. reserves the right to immediately and permanently terminate your account without notice in the event that, in its sole discretion, you violate the Agreement. You are responsible for maintaining any necessary copies of your content. If a user account has been terminated, the user will have no opportunity to retrieve or download content. Accounts created to replace terminated accounts may be terminated without further notice]
- If you post content or submit material (“Posted Materials”), the following shall apply:
- You represent and warrant that all Posted Materials you provide are your original work products and will not be based on or derived from any third party’s work products, unless you have the express consent of the third party to use such work product. [Demonstrate that to Sendies Inc.]. Furthermore, you represent and warrant that your use of the Services in connection with any Posted Materials or third-party content complies with all laws including, but not limited to, copyright law.
- You retain all ownership rights in Posted Materials that you are entitled to, by law.
- You grant Sendies Inc. and its agents, affiliates, sublicenses and officers thereof, an irrevocable, worldwide, royalty-free, non-exclusive, sub licensable, transferable, license to use, reproduce, perform, distribute, and display Posted Materials solely for the purpose of providing the Services and improving the Services in general. You grant Sendies Inc. its agents, affiliates, sublicenses and officers thereof, the right to use your name and/or user name in connection with Posted Materials.
- You grant each user of the Services a nonexclusive license to access Posted Materials through the Services, and to use, reproduce, distribute, display and perform Posted Materials as permitted through the functionality of the Services and in accordance with this Agreement.
- The licenses granted in Posted Materials will automatically terminate within a commercially reasonable time after you remove or delete Posted Materials from the Services. You understand, acknowledge and agree that Sendies Inc. may retain, but not display, server copies of Posted Materials that have been removed or deleted.
- The licenses granted by you with respect to comments you submit are perpetual and irrevocable
- You will defend, indemnify and hold Sendies Inc. and its agents, affiliates, sublicenses and officers thereof, harmless from and against any claims resulting from Posted Materials or materials you provide hereunder or your use of the Services.
- At your discretion, you may provide feedback to Sendies Inc. concerning the functionality and performance of the Services from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggest any Feedback, you hereby assign the ownership in all Feedback to
Sendies Inc. In the event ownership in the Feedback cannot be granted to
Sendies Inc., you grant Sendies Inc. at no charge, a perpetual, irrevocable,
royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Sendies Inc. may disclose any Feedback to any third party in any manner and you agree that Sendies Inc. has the ability to sublicense all Feedback in any form to any third party without restriction.
- You shall not (I) transmit to Sendies Inc. or upload to this Services any harmful code or use; or, (ii) misappropriate the data on this Services for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses”, “worms”, “trojan horses”, “time bombs”, “time locks”, “drop dead devices”, “traps”, “access codes”, “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (A) exceeding a number of copies, (B) exceeding a number of users, (C) passage of a period of time, (D) advancement to a particular date or other numeral, or (E) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
- You may not use your username and password for any unauthorized purpose.
- As between the parties, Sendies Inc. owns, and shall continue to own all right, title, and interest in, and to all aggregate and statistical information or analyses created and developed by Sendies Inc. from performance and usage data generated through your use of the Services, Services or Software (collectively, “Aggregate Data”). Aggregate Data is de-identified so that you cannot be identified as the source within the Aggregate Data and all Aggregate Data is collected in accordance with all applicable privacy laws.
- Sendies Inc. may terminate your access to our Services for any reason at any time. The provisions that by their nature are designed to survive termination or expiration of the Agreement shall survive termination or expiration of the Agreement or your access to our Services.
- The materials on the Services are provided with Restricted Rights. Restricted Rights is defined to mean that you are unable to reproduce the technology, format flow or outline of the materials provided. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Sendies Inc.’s proprietary rights in them.
- THE MATERIALS, THE CONTENT ON THE SITE AND THE SERVICES ARE PROVIDED “AS IS”, AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SENDIES INC. SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. SENDIES INC. MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICES. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, SENDIES INC. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SENDIES INC. IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICES (DOS) ATTACKS.
- TO THE EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, SHALL SENDIES INC. OR ITS THIRD PARTY SUB-LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICES, EVEN IF SENDIES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. YOU HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS SENDIES INC., AND TO WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, THAT YOU HAVE OR MAY HAVE IN THE FUTURE AGAINST SENDIES INC., AND TO RELEASE SENDIES INC. FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES.
- INCLUDING BUT NOT LIMITED TO CLAIMS OF NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE. SENDIES INC.’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CDN $100); EVEN IF SENDIES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THIS TERM IS APPLICABLE ONLY IN ACCORDANCE WITH THE LAWS OF THE JURISDICTION OF WHICH YOU ARE LOCATED.This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy under the Agreement will be deemed a waiver by Sendies Inc. of any right or remedy. Each provision of the Agreement is a separately enforceable provision. If any provision of the Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for the Agreement to remain in effect in accordance with its terms as modified by such reformation. If the unenforceable or illegal term cannot be reformed the term shall be struck from the Agreement and the Agreement shall remain in full force and effect. The Agreement may not be modified, supplemented, amended or interpreted by any trade usage or prior course of dealing unless specifically agreed upon in writing. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of the Agreement.
- Sendies Inc. shall not be liable to you for any delay or failure of Sendies Inc. to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Sendies Inc. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.
- By accessing and/or using the Services on the behalf of another legal entity, you consent on behalf of that legal entity to Sendies Inc. publicly listing the name of that legal entity as a user of the Services and publicly displaying that legal entity’s standard logo for the purpose of Sendies Inc.’s marketing and publicity.
- By accessing and/or using the Services for business purposes, you consent to us providing your use information to your employer and/or colleagues, identified by the email address used to register for your Account, for the purpose of marketing and promotion.
- The provincial or federal courts sitting in Waterloo Region, in the Province of Ontario shall have exclusive jurisdiction and venue over any dispute arising out of the Agreement, and you hereby consent to the jurisdiction of such courts.
- All notices regarding the Agreement and the Services will be deemed given one (1) business day after e-mail transmission from Sendies Inc. to me, or two (2)
business days after the date of posting.
- Should you start using any of Sendies Inc.’s paid Services, additional terms and conditions will apply.
- Contact details for Sendies Inc. are as follows: phone: 1 (800) 530-3878; email: [email protected]