Subject to the terms of this Agreement, the Company will use commercially reasonable efforts to provide the Customer the Services available through its document automation web application. As part of the registration process, the Customer will identify an administrative username and password for the Customer’s the Company account. The Company reserves the right to refuse registration of passwords it deems inappropriate.
The Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by the Company or authorized within the Services); or remove any proprietary notices or labels.
Further, the Customer may not remove or export from the user’s country of residence or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations.
The Customer represents, covenants, and warrants that the Customer will use the Services only in compliance with the Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Although the Company has no obligation to monitor the Customer’s use of the Services, the Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
The Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). the Customer shall also be responsible for maintaining the security of the Equipment, the Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of the Customer account or the Equipment with or without the Customer’s knowledge or consent.
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of the Company includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of the Customer includes non-public data provided by the Customer to the Company to enable the provision of the Services (“the Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
The Customer will pay the Company the then applicable fees for the Services. The Company reserves the right to change the fees or applicable charges and to institute new charges and fees at the end of the initial service term or then current renewal term. If the Customer believes that the Company has billed the Customer incorrectly, the Customer must contact the Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.
Subject to earlier termination as provided below, this Agreement is for the initial service and shall be automatically renewed for additional periods of the same duration as the initial service term (collectively, the “Term”), unless either party requests termination.
the Company shall use reasonable efforts to maintain the Services in a manner which minimizes errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by the Company or by third-party providers, or because of other causes beyond the Company’s reasonable control, among other reasons. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by the Customer except with the Company’s prior written consent. The Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and the Customer does not have any authority of any kind to bind the Company in any respect whatsoever. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
This Agreement shall be governed by the laws of the Province of Alberta, Canada.
The Company reserves the right to change these terms of service, in its sole and unfettered discretion, upon giving reasonable notice to the Customer.
Allexem is committed to using and safeguarding the personal information in its custody in accordance with applicable privacy legislation. This Personal Information Protection Policy (the “Policy”) outlines the principles and practices it follows in protecting personal information.
“Personal Information” generally means information about an identifiable individual. It includes information such as the individual’s address and phone number, gender, age, ID numbers, income, ethnic origin or medical records.
Purposes for the Collection, Use and Disclosure of Personal Information Allexem may collect Personal Information that is needed for the purposes of providing services to its customers or other purposes related to its business.
As appropriate, individuals will be notified of the purpose for the collection, use or disclosure of Personal Information before such collection, use or disclosure. However, Allexem does not provide this notification where the individual provides the information for a reasonably obvious purpose (such as providing a credit card for payment of an invoice).
Allexem will only collect, use or disclose Personal Information with the individual’s consent, unless authorized or required by law to collect, use or disclose it without consent. Consent may be implied in cases where the individual volunteers information for an obvious purpose.
An individual may withdraw consent to the use or disclosure of Personal Information at any time, unless the Personal Information is necessary for Allexem to fulfill its legal obligations. Allexem will respect the individual’s decision, but it may not be able to provide certain products and services if it does not have the necessary Personal Information.
The collection, use or disclosure of Personal Information without consent is authorized or required by law in certain circumstances, which may include (without limitation) where:
Allexem endeavours to maintain appropriate security over its offices and information storage facilities so as to prevent any unauthorized access, disclosure, copying, use or modification of Personal Information.
Allexem will keep Personal Information only as long as it is reasonably required for legal or business purposes and in accordance with its practices or as required by law.
Data saved to Allexem’s databases, including data saved by users of its document automation web app, is stored in Canada.
Individuals have a right of access to their own Personal Information that is in the custody of Allexem, or to have errors or omissions corrected, subject to applicable exemptions or circumstances in which Allexem will be authorized or required by law to refuse the request. Upon receiving a written request, and subject to any applicable exemptions, Allexem will provide the individual access to Personal Information about them; will inform the individual about the use or disclosure of the Personal Information; and will address any errors or omissions in the Personal Information, as may be necessary.
Allexem reserves the right to amend, supplement or replace this Policy at any time.