Date of Last Update of this agreement: June 07, 2018
Please read this agreement carefully. It governs your use of the Akipeo Inc. (“Akipeo” or the “company”) website located at www.akipeo.com (the “Website”) and the services provided through the Website. It exempts Akipeo and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the Website you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each time you use the Website, you may not use the Website.
Each time you use the Website, the text of this agreement, as it then reads, will govern your use. Accordingly, when you use the Website you should check the date of this agreement and review any changes since the last time you visited. The changes will be clearly shown in the revised document for ease of reference.
This agreement contains the following provisions:
- Your Acceptance of this Agreement
- Changes to this Agreement
- Permitted Users and Access
- Misprints and Errors, Prices and Purchases
- No Advice, Solicitation or Offer
- Forward-Looking Statements
- Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
- Login Names and Passwords
- Termination of this Agreement and the Website
- Information Submissions
- Ownership and Permitted Use of the Website
- Personal Information Privacy
- Trade-mark Information
- Other Sites
- Linking and Framing the Website
- Postings and Unsolicited Submissions
- Governing Law and Dispute Resolution
- Other Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and Akipeo, and governs your use of the Website and its content and the services and goods provided through the Website. Each time you visit, browse, purchase, access or otherwise use this Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this agreement, “person” includes any type of incorporated or unincorporated entity, including your employer), without limitation or qualification, to be bound by this agreement for using this Website, and to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept this agreement on behalf of yourself and any person (such as your employer) you purport to represent. If you do not agree with each provision of this agreement, or you are not authorized to agree to and accept this agreement, or you do not have the legal authority to agree to and accept this agreement, you may not use the Website.
2. CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this agreement in any manner. However, Akipeo may, in its sole discretion, change, supplement or amend this agreement as it relates to your future use of the Website from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the Website. You should check for revisions each time you log into the Website.
3. PERMITTED USERS AND ACCESS
The Website may be used only by persons individuals who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws.
4. MISPRINTS AND ERRORS, PRICES AND CONTRACTING
Akipeo endeavours to provide current and accurate information on the Website. However, Akipeo does not represent that it is accurate, complete or up to date, and it should not be relied upon as such. Misprints or other errors may occur. Furthermore, all information is inherently subject to change without notice and may become outdated. You, therefore, should verify any information obtained from this Website before you use it. You are solely liable for any use you may make of any information on the Website.
Akipeo reserves the right to change statements regarding its services, including in relation to its personnel, resources, business partners, capabilities and prices, fees and charges regarding the services available through or described via the Website at any time and from time to time without any notice or liability to you or any other person. Akipeo cannot guarantee that the services advertised on the Website will be available at any relevant time. Accordingly, Akipeo reserves the right at any time to reject, correct, cancel or terminate any proposed terms or conditions of contracting prior to a binding agreement being entered into between parties. Akipeo reserves the right to refuse to accept any request for services, notwithstanding any course of dealing between Akipeo and you in the past. Akipeo does not enter into binding contracts with customers for its services via the Website, and you should not assume that any communications or publications on or via such Website constitute a contract for services. Your online request for services delivered over the Website constitutes your request to engage Akipeo to supply those services. Your request for services shall be deemed to be accepted only if and when Akipeo enters into an independent binding agreement with you.
5. NO ADVICE, SOLICITATION OR OFFER
THE CONTENT OF THE WEBSITE DOES NOT CONSTITUTE INVESTMENT, TAX OR LEGAL ADVICE OR RECOMMENDATIONS. YOU SHOULD SEEK THIRD PARTY PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THOUGH THE WEBSITE.
Nothing in the Website should be construed as an offer, invitation or general solicitation to buy or sell any investments or securities, provide investment advisory services or to engage in any other transaction.
6. FORWARD-LOOKING STATEMENTS
Certain information in the Website may constitute “forward-looking statements,” which can be identified by the use of forward-looking terminology such as “may,” “will,” should,” “expect,” “anticipate,” “project,” “estimate,” “intend,” “continue,” or “believe” or the negatives thereof or other variations thereon or other comparable terminology. Due to various risks and uncertainties, actual events or results or the actual performance may differ materially from those contemplated in such forward-looking statements. No representation or warranty is made as to future performance or such forward-looking statements. Past or targeted performance is not necessarily indicative of future results, and there can be no assurance that we will achieve comparable results or that we will be able to implement a given strategy or achieve its investment objectives.
7. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
Akipeo strives to make your use of the Website a useful experience, and an easy way to purchase services from Akipeo. Nevertheless, Akipeo and its service providers (the "Providers") do not accept any liability for your use of the Website. For that reason, the following provisions apply to your use of the Website:
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH EACH OF AKIPEO AND ITS PROVIDERS HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU (AND NOT AKIPEO OR ITS PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEBSITE.
THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND AKIPEO’S CONTROL. THE OPERATION OF THE WEBSITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY AND CONFIDENTIALITY RISKS CANNOT BE ELIMINATED.
AKIPEO IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEBSITE. HOWEVER, YOU PROMISE NOT TO SHARE USE OF YOUR LOGIN NAME OR PASSWORD NOR TO ALLOW ANYONE TO USE THE WEBSITE POSING AS YOU.
THROUGH OR BECAUSE OF YOUR USE OF THE WEBSITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. AKIPEO IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AKIPEO AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
- THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
- THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
- THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
- PARTICULAR RESULTS OR ANY RESULTS AT ALL MAY BE OBTAINED THROUGH THE USE OF THE WEBSITE;
- THE USE OF THE WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
- THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
AND AKIPEO AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
AKIPEO AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY AKIPEO OR ANY OF ITS PROVIDERS OR ANY PERSON FOR WHOM AKIPEO OR ANY OF ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT AKIPEO OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
LIMITATION OF LIABILITY
IN NO EVENT WILL AKIPEO’S OR ANY OF ITS PROVIDERS’ HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY AKIPEO OR ANY PERSON AS A CONSEQUENCE OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF AKIPEO AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF AKIPEO AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEBSITE, THE USE OF THE WEBSITE BY SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY AKIPEO AND THE PROVIDERS FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE USING SERVICES OBTAINED FROM OR THROUGH THE WEBSITE.
ADVICE AND INFORMATION PROVIDED BY AKIPEO OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this agreement survive indefinitely after the termination of this agreement.
8. LOGIN NAMES AND PASSWORDS
Website accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by Akipeo and its Providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Akipeo representative. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log-out at the end of each session.
You (or your employer, if you use the Website on behalf of your employer) are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with this agreement.
You must immediately notify Akipeo of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
All login names and passwords remain the property of Akipeo, and may be cancelled or suspended at any time by Akipeo without any notice or liability to you or any other person. Akipeo is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must respond promptly to all email and other correspondence from Akipeo, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Website.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.
9. TERMINATION OF THIS AGREEMENT AND THE WEBSITE
If you breach any provision of this agreement, you may no longer use the Website.
Akipeo may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
Akipeo may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Website and your login name and password, all without any notice or liability to you or any other person.
If this agreement or your permission to use the Website is terminated by you or Akipeo for any reason, this agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and your engagement of the services of Akipeo through the Website and anything connected with, relating to or arising from those matters.
10. INFORMATION SUBMISSIONS
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. You must also provide Akipeo with updated registration information within 30 days of any changes.
Akipeo will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Akipeo or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. Akipeo may require a copy of a government-issued form of identification before making any changes to your registration information.
11. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Website are the property of Akipeo, its Providers and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Website does not transfer to you or any other person any ownership or other rights in the Website or its content. You may only use the Website in the manner described specifically in this agreement.
The Website may not be used for any purpose not expressly permitted by this agreement. In particular, except as expressly stated otherwise in this agreement, the Website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Akipeo. You may not use any of the software that is used in the operation of the Website except in the course of using the Website. You may not reproduce, copy, duplicate, sell, or resell any part of the Website (including the software used in the operation of the Website) or access to the Website.
The Website is made available to you for your lawful use only. You may access and browse the Website using commercially available, SSL-capable Web browser software. You may print or download the pages of the Website for your personal use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may modify the business forms, such as contracts, notices and the like that you download from the Website, without being in breach of this provision.
12. PERSONAL INFORMATION PRIVACY
13. TRADE-MARK INFORMATION
AKIPEO™ and the Akipeo corporate logo are registered and/or unregistered trade-marks and trade names owned by Akipeo.
Other product and company names and logos appearing on the Website may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners.
Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the Website, except as expressly provided in this agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Website.
14. OTHER SITES
The Website may include links to other Websites or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from Akipeo, and Akipeo has no responsibility or liability for or control over Other Sites, their businesses, goods, services, or content. Links to Other Sites are provided solely for your convenience. Akipeo does not sponsor or endorse any Other Sites or their content or the services available through those other Websites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Akipeo arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Akipeo, the provisions of this agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.
15. LINKING AND FRAMING THE WEBSITE
Links to the Website without the express written permission of Akipeo are strictly prohibited. To request permission to link to the Website, please contact Shelley Gunness at email@example.com. Akipeo reserves the right to cancel and revoke any permission it may give to link to the Website at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Website or any of its content in any form and by any method is strictly prohibited.
16. POSTINGS AND UNSOLICITED SUBMISSIONS
You may not modify the Website or post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
Akipeo does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to Akipeo or the Website. However, if you do send Submissions to Akipeo or the Website you automatically grant (or warrant that the owner of the Submissions grants) to Akipeo and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Akipeo or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Akipeo and its assigns.
17. GOVERNING LAW AND DISPUTE RESOLUTION
This agreement, your use of the Website, and all related matters are governed solely by the laws of the Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
Any dispute between Akipeo and you or any other person arising from, connected with or relating to the Website, this agreement or any related matters must be resolved before the Courts of Ontario sitting in the City of Toronto, Ontario, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Website, this agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Toronto, Ontario, Canada within six months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
18. OTHER MATTERS
If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this agreement will enure to the benefit of and be binding upon each of Akipeo and its Providers and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this agreement or your rights and obligations under this agreement without the express prior written consent of Akipeo, which may be withheld in Akipeo’s sole discretion. Akipeo may assign this agreement and its rights and obligations under this agreement without your consent.
No waiver, express or implied, by either party of any breach of or default under this agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
You and Capitalyst are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this agreement or your use of the Website.
The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.
Any rights not expressly granted by this agreement are reserved to Akipeo.
This agreement is subject to change without notice.