END USER AGREEMENT – TERMS AND CONDITIONS
Flentis, may from time to time review and revise these terms. The revised policy will be effective and binding on you at the time it is posted on the Portal. The date of the most recent revisions will be communicated on or through the Portal. Continued access of the Portal by you will constitute your acceptance of any changes or revisions to these terms. Your failure to follow these terms, whether listed below or communicated on or through the Portal, may result in suspension or termination of your access to the Portal, without notice, in addition to Flentis’ other remedies.
The Portal is owned and/or operated by Flentis and is intended for personal use strictly in accordance with these terms.
2. Use of Portal
By using the Portal, you are representing that you are of legal age (18 years and over) and of legal competence to enter into a binding agreement with Flentis and are not otherwise prohibited from using the Portal pursuant to any terms or conditions, including those relating directly to your personal mobile device and the laws of the local or national jurisdiction from which you are accessing or using the Portal. If you are not able to make the representations in the preceding sentence, you are prohibited from accepting these terms and using the Portal, however, any unauthorized use of the Portal by you shall be subject to these terms until your unauthorized usage terminates. Flentis does not knowingly collect any personal information from children through the Portal. By using the Portal on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Portal constitutes their acceptance of these terms. Additionally, you will use the Portal, at all times, in ways that are in compliance with all municipal, provincial and federal laws and regulations of all kinds, including but not limited to all laws with respect to the driving and use of a motor vehicle. Specifically you agree that you will not operate a motor vehicle while using the Portal.
3. Retention of these Terms
Flentis recommends that you retain a copy of these terms in either electronic or tangible format for Your subsequent reference. You can access a web-based version of these terms by visiting http://www.flentis.com/#EULA
4. Ownership and Content
You acknowledge that any and all information and/or content displayed on or in relation to the Portal, including the manner in which the content is presented, is the property of Flentis. You may only use the Portal for the purposes it is intended for. Flentis may, in its sole discretion, block and prevent your continued use of the Portal, for any reason whatsoever.
Under no circumstances will Flentis be liable for any harm you suffer as a result of your use of, or reliance on, this Portal or any information provided by the Portal or advice you receive via the Portal.
5. Copyright and Trademark Notices
The content, organization, graphics, design, and other matters related to the Portal are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws and are the sole property of Flentis. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Portal is strictly prohibited, without our express written permission. Other product and company names mentioned herein, including the names of any other parties, may be the trademark of their respective owners.
Flentis strives to provide an enjoyable experience for our users, so Flentis may monitor and inspect activity on the Portal to foster compliance with these terms. All users of the Portal hereby specifically agree to such monitoring. Nevertheless, Flentis does not make any warranties or guarantees that: (1) the Portal, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) that Flentis will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with these terms.
Subject to your compliance with these terms, Flentis, hereby grants you a limited, non-exclusive, right to install and use the Portal. We are entitled to refuse, restrict, limit, suspend and/or interfere or interrupt the Portal or any part thereof, without any notice to you to install a patch, revise, update, replace, repair, improve, and/or upgrade the Portal or for any other reason. Where used in these terms, and the term “Portal” includes any patches, revisions, updates, upgrades or replacements of the Portal (the “Revisions”) that may be delivered to you or that you may receive. If we find that multiple users are accessing a single registration, we will have the option charge you for the additional users, which amounts shall be due and owing immediately. We shall also have the right to immediately terminate your continued use of the Portal.
8. Restrictions on Use
Except to the extent otherwise expressly permitted hereunder or otherwise expressly permitted by Flentis, and without limitation, the following restrictions shall apply to your use of the Portal and the license granted herein:
(a) You may not copy or reproduce any portion of the Portal;
(b) You may only use the Portal for your own non-commercial use;
(c) You may not distribute, share through any information network, transfer, sell, lease or rent the Portal or any part of it to any other person;
(d) You may not change, alter, modify or create derivative works, enhancements, extensions or add-ons to the Portal or any part of it;
(e) You may not decompile, reverse engineer or disassemble the Portal or any part of it; and
(f) You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth anywhere in these terms.
10. Your Account
Certain portions of the Portal are available only to individuals who have registered with and obtained a password from us. By registering with Flentis, you certify that you are at least 18 years of age. You may not provide or use a password, email address, or any other information of anyone else in connection with the Portal. You agree to provide true, accurate, current and complete information about yourself when you register with or order Products from us, and to maintain and promptly update that information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and services.
11. Fees and Payments
You acknowledge that data charges may be incurred through your use of the Portal and you agree that you are responsible for any and all such charges that may be charged to you and that we shall have no liability to you whatsoever in respect of such charges. We take no responsibility for these charges or fees whatsoever.
12. Linked Sites
The Portal may contain links to other websites and/or other applications. We do not assume responsibility for the accuracy or appropriateness of the content contained on those websites and/or other applications. You enter those sites at your own risk. A link to the same should not be construed to mean that we are affiliated or associated in any way or that we endorse or recommend those websites and/or applications.
13. International Users
The Portal is controlled, operated and administered by Flentis from its offices located within Canada. If you access the Portal from a location outside of Canada, you are responsible for compliance with all applicable local laws and regulations.
YOU ARE SUBJECT TO THE FOLLOWING DISCLAIMERS:
A. You expressly acknowledge and agree that you are installing and using the Portal at your own risk. the Portal and all data and content provided through the Portal is provided “as is”, “with all faults” and without warranty, term or condition of any kind. Flentis and each of its licensees, affiliates and authorized representatives(the “parties” or “party’) expressly disclaim all warranties, terms or conditions, whether express or implied, including, but not limited to, any implied warranties of merchantability, satisfactory quality, non-infringement and fitness for a general or particular purpose. Flentis cannot and does not warrant that the Portal will operate without interruptions, that it will be free from viruses and errors, or that the data and content obtained through it will be accurate, reliable or current. no oral, written or electronic information or advice given by any party shall create any warranty, term or condition with respect to the Portal or otherwise. should the Portal prove to be defective, you agree to assume the entire cost of all necessary servicing, repairs or corrections. some jurisdictions do not allow the exclusion of implied warranties, terms or conditions in certain instances, so the above exclusion may not apply to you.
B. Information on the Portal should not necessarily be relied upon and should not be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
C. If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the Portal shall be to discontinue using the site.
D. Flentis is under no obligation to review any content or material submitted, posted or otherwise displayed through the Portal and assumes no responsibility or liability relating to any such content or material. You may not imply that any content or material is in any way sponsored or endorsed by Flentis or its affiliates.
E. Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to the Portal, your use of the same, or the content, even if advised of the possibility of such damages.
G. You are solely responsible for obtaining and maintaining reliable Internet connectivity. We are not responsible for your inability to download or otherwise access content.
H. Any material downloaded or otherwise obtained through the use of the Portal is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such material.
I. Flentis does not warrant that the Portal will be compatible or interoperable with your mobile device or any other piece of hardware, software, equipment or device installed on or used in connection with your mobile device. You acknowledge and agree that Flentis and its affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
K. This Portal and its contents do not constitute an endorsement of any particular product, item, location, home or provider or their suitability for your needs.
YOU SHALL INDEMNIFY AND HOLD HARMLESS THE PORTAL AND FLENTIS AND ITS AFFILIATES, DIRECTORS, OFFICERS AND SHAREHOLDERS FROM AND AGAINST ANY AND ALL COSTS, DAMAGES, EXPENSES, LIABILITIES AND OBLIGATIONS, INCLUDING, WITHOUT LIMITATION, REASONABLE LAWYERS’ FEES, THAT WE MAY INCUR AS A RESULT OF, OR IN CONNECTION WITH, (A) ANY BREACH OF ANY REPRESENTATION OR WARRANTY MADE BY YOU TO US; (B) YOUR FAILURE TO COMPLY WITH ANY OF OUR POLICIES; (C) YOUR USE AND/OR ACTIONS IN RELATION TO THE PORTAL AND/OR OUR SERVICES; (D) THE FITNESS OF ANY INFORMATION OR SERVICE RECEIVED THROUGH OR RELATED TO THE PORTAL; AND YOUR MISUSE OF ANY INFORMATION, DATA OR CONTENT RELATED TO THE PORTAL.
THE FOREGOING OBLIGATIONS WILL SURVIVE TERMINATION OF THIS GRANT OF USE.
< 16. Default Rights and Remedies
Upon any failure by you to comply with your obligations to us, we shall have all of the rights and the remedies available to us, whether at law, in equity or otherwise, including, without limitation, rights and remedies under these terms and conditions of use and/or any policy adopted by us. Without limiting our rights and our remedies, we may turn your account over to a collection agency or a lawyer for collection. No delay or failure on our part in exercising any right or any remedy shall operate as a waiver of that right or that remedy and no single or partial exercise by us of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or any other remedy.
17. Limitation of Liability
You are subject to the limitations of liability contained in these terms and conditions and all ancillary terms and conditions adopted by us. In the event that, notwithstanding such limitations of liability, we are determined to be liable to you in connection with any transaction between us and you pursuant to these terms and conditions and/or the ancillary terms and conditions, our liability to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. We are not, in any event, liable for any consequential, exemplary or indirect damages.
18. Absence of Relationship
The sole relationship between you and us is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship exists between us.
19. Governing Law
These terms and conditions, all ancillary terms and conditions and the use of the Portal and our Products and services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You irrevocably agree to the exclusive jurisdiction of the courts of Ontario for the resolution of disputes between us relating to this Agreement.
20. Headings and Extended Meanings
The headings appearing in this agreement are for convenience only and shall not in any manner affect the interpretation hereof. Words importing the singular number include the plural and vice versa and words importing gender include all genders.
21. Entire Agreement and Survival
These terms and conditions and all ancillary terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof. These terms and conditions and the ancillary terms and conditions are intended to be enforceable to the fullest extent permitted by applicable law. If any term of the same is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of the same and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
Flentis reserves the right to assign any or all of our rights and obligations hereunder as we, in our sole discretion, determined appropriate or necessary, without the consent of you. These terms and conditions and all ancillary terms and conditions shall be binding on all permitted assigns and successors of us and you.
The failure of Flentis to exercise any of our rights upon a breach of any of the provisions of these terms and conditions or any of the ancillary terms and conditions shall not be deemed a waiver as to any subsequent breach.
24. Costs and Expenses Related to Collection
In the event that Flentis must take any action against you to enforce your obligations under these terms and conditions and/or any ancillary terms and conditions, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by us, including, without limitation, reasonable attorneys’ fees, in connection with such action.
25. Further Assurances
You covenant and agree that you and your successors and permitted assigns will sign further agreements, assurances, papers and documents and generally do and perform or cause to be done and performed such further and other acts and things that may be necessary or desirable by us from time to time in order to give full effect to this Agreement, the ancillary policies and every part hereof.
26. Force Majeure
If we cannot perform any obligation hereunder as a result of any event that is beyond our control, our delay or failure to perform, such obligation shall be excused and we shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
If you have any questions or concerns relating to the terms and conditions or to any of its ancillary terms and conditions, please contact us via e-mail at email@example.com or by telephone at 1-888-541-5551
These terms and conditions are subject to all applicable Canadian laws and regulations.