To use the Service you: (i) must be of legal age to form a binding contract with RefinePro, and (ii) cannot be a person barred from using the Service under the laws of the country in which you reside or from which you access the Service. By accepting these Terms you represent that you understand and agree to the foregoing.
BETA-TESTING SERVICE TERMS
About the Service. You understand that the Service is being provided in “public beta” for the purpose of testing the Service (the “Trial”), so the available features of the Service are limited and do not reflect the full capabilities that the Service will have on launch. The Service is made available to you on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing RefinePro with feedback on the quality and usability of the Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES. In addition, RefinePro is not obligated to provide any maintenance, technical or other support for the Service.
Registering to use the Service. To sign-up and begin using the Service, you must first register to create an account through the Website. You are responsible for all activity that takes place through your account. Please choose a strong password for your account and you must not reveal your password anyone under any circumstances. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your account.
License to Service. Those Users who join the public beta trial of the Service (“Testers”) by (i) registering to participate, and (ii) agreeing to these Terms will have advance access to the Service, and RefinePro grants each such Tester a limited, personal, non-exclusive, non-transferable license to access and use the Service for the purposes of the Trial. Your license to use the Service is limited by all terms and conditions set forth herein and shall persist only for the duration of the Trial or until otherwise rescinded by RefinePro.
Restrictions on the Use of the Service. RefinePro may impose limitations on your use of the Service including, but not limited to, restricting the number of accounts you may register and by imposing charges for the use of certain features of the Service. You agree to use the Service only for those purposes permitted by these Terms and not to use the Service for any purpose prohibited by applicable law or regulation. RefinePro reserves the right to modify the Service at any time, with or without notice to you. RefinePro also reserve the right, but without obligation, to terminate the Trial or the participation of any Tester at any time without any liability whatsoever. In using the Service you shall not:
- intentionally or unintentionally violate any applicable local, state, provincial national or international laws or regulations;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; or
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service.
Indemnification. You agree to defend, indemnify and hold RefinePro, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys” fees, made by any third party, relating to or arising from: (i) your use of the Service; or (ii) any violation by you of these Terms. This obligation shall survive the termination or expiration of these Terms and/or your use of the Service.
Any data that you upload to the Service (“Data”) will be kept in strictest confidence, and RefinePro will never access, use or view your Data without your express permission and will not share your Data with any third parties unless compelled to by force of law. RefinePro does not claim ownership of your Data, however, by using the Service you grant RefinePro a worldwide, royalty-free, non-exclusive license to store your Data on our servers solely for the purpose of providing the Service to you. This license will terminate within a commercially reasonable time after you or RefinePro terminate your account.
YOU UNDERSTAND AND AGREE THAT YOU MUST KEEP A SEPARATE COPY OF ALL DATA THAT YOU UPLOAD TO THE SERVICE. YOU FURTHER UNDERSTAND AND AGREE THAT REFINEPRO WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR OTHER HARM THAT MAY RESULT FROM THE LOSS OR DELETION OF ANY DATA UPLOADED TO THE SERVICE THROUGH YOUR ACCOUNT.
TERM AND TERMINATION
Termination by You. You may terminate your account and/or stop using the Service at any time.
Termination by RefinePro. RefinePro may at any time, under certain circumstances and without prior notice, immediately terminate the Trial or suspend all or a portion of your account and/or access to the Website and the Service. Cause for such termination shall include, but not be limited to: (i) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted on the Website; (ii) a request by you to cancel or terminate your account; (iii) discontinuance or material modification to the Service or any part thereof; (iv) a request and/or order from law enforcement, a judicial body, or other government agency; (v) where provision of the Service to you is or may become unlawful; (vi) unexpected technical or security issues or problems; or (vii) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by RefinePro in its sole discretion, and RefinePro will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.
Effect of Termination. On termination, you will lose all access to the Service and any portions thereof, including, but not limited to, your account and any Data of yours.
Deletion of Data. .RefinePro will delete your Data following the termination of your account, or after any three (3) month period throughout which your account has been in arrears.
IMPORTANT DISCLAIMERS AND SOFTWARE LIMITATIONS
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. REFINEPRO SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATING TO THE SERVICE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE OR THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SERVICE. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME-DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO INFORMATION OR ANALYSIS, WHETHER ORAL OR WRITTEN OR PROVIDED IN A DIGITAL FORMAT, OBTAINED BY YOU FROM REFINEPRO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM USING THE SOFTWARE. REFINEPRO WILL NOT BE LIABLE FOR ANY TYPE OF DATA EXCHANGED BY MEANS OF THE SERVICE AND WILL NOT BE RESPONSIBLE FOR ANY BANDWIDTH CHARGES YOU INCUR IN YOUR USE OF THE SERVICE.
UNDER NO CIRCUMSTANCES SHALL REFINEPRO BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM: (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR ACCESS YOUR DATA; (II) THE COST OF PROCUREMENT OF SUBSTITUTE DATA; (III) ERRORS, MISTAKES, OR INACCURACIES IN ANY PROCESSING OF YOUR DATA BY THE SERVICE; (IV) ANY HARM TO OR REPUTATIONAL LOSS ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE.
REFINEPRO DISCLAIMS ANY DUTIES OF A BAILEE, AND YOU HEREBY WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR (WHETHER ARISING UNDER STATUTE OR COMMON LAW) IN RELATION TO OR ARISING OUT OF ANY POSSESSION, STORAGE OR TRANSMISSION OF DATA BY US OR OUR AFFILIATES OR ANY OF OUR OR THEIR CONTRACTORS OR AGENTS. YOU ARE SOLELY RESPONSIBLE FOR APPLYING APPROPRIATE SECURITY MEASURES TO YOUR DATA, INCLUDING THE ENCRYPTION OF SENSITIVE DATA.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, REFINEPRO”S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50) OR (B) AMOUNTS YOU”VE PAID REFINEPRO IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages. as such, to the extent such exclusions or limitations are specifically prohibited by applicable law, some of the aforementioned exclusions or limitations may not apply to you.
Feedback. We welcome your suggestions, comments and feedback on the Service (“Feedback”) especially during this Trial phase as it helps us to improve the Service. If you provide us with Feedback you agree that: (i) we are not subject to any confidentiality obligations in respect to the Feedback; (ii) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to RefinePro; (iii) RefinePro (including all of its successors and assigns) may freely use the Feedback without any restrictions; and (iv) you are not entitled to receive any compensation or re-imbursement of any kind.
Notices. You agree that RefinePro may send you electronic messages regarding the Service, including messages regarding changes to these Terms, by email or by postings on the Website and/or the Service.
Governing Law & Disputes. This Agreement shall be governed by the laws of the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. The courts of the Province of Ontario shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the Service and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. You agree that any claim or cause of action arising out of or related to these Terms or your use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.
Questions/Contact. If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Service, please contact us at: [email@example.com].
Last Updated: October 19, 2014