The words "you" or "your" in this Agreement means any person or entity utilizing the Inkdit Services ("Inkdit Services Users"). Unless otherwise stated, "Inkdit" will refer collectively to Inkdit Corp. and its respective parent or subsidiary companies, affiliates, officers, employees and agents.
By signing this Agreement as part of the sign up Process for the Inkdit Services you represent that you understand and accept the terms and conditions set forth in this Agreement. We may amend this Agreement at any time by sending you either (i) a summary of changes and a link to the amended agreement or (ii) the amended Agreement, and any such amendment to the Agreement will be effective and binding upon you upon Inkdit’s receipt of your signature using the Inkdit Services. Your continued use of the Inkdit Services will be subject to your acceptance of the amended Agreement and Inkdit’s receipt of your signature using the Inkdit Services. Inkdit may also, in the future, offer new services, products and/or features (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement and any amendments to this Agreement.
1. Eligibility. In order to use the Inkdit Services, you must enroll with Inkdit by entering into and accepting the terms of Inkdit’s Agreements. You agree that you will use the Inkdit Services only for lawful personal, business or governmental purposes. You will be required to provide an email address and to establish a password upon enrolling in the Inkdit Services. Inkdit uses a single step verification process to authenticate and identify Inkdit Services Users. You must provide your email address and password in order to gain access to and use the Inkdit Services. You are responsible for maintaining the confidentiality of your password and are fully responsible for all actions that are taken under your email and password combination. You may not divulge your password information to anyone else, nor may you use anyone else's password. Inkdit is not responsible for losses incurred by Inkdit Services Users as the result of their misuse of passwords. In order to use Inkdit Services, individuals under the age of 18 must attain permission from their parent or guardian. Use of Inkdit Services constitutes acceptance of this requirement and confirmation that such permission has been sought and obtained.
2. Registration Information. You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any person or company or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Inkdit has the right to terminate your use of the Inkdit Services and Inkdit, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize Inkdit and its agents, suppliers and subcontractors to make any inquiries they consider necessary to validate your registration.
3. Inkdit Services Use. By using the Inkdit Services, you attest that you do not provide unlawful or illicit products or services. You will not use the Inkdit Services, the website or any of the services offered therein for any unlawful, fraudulent or improper activity. You agree that except to make and send emails using the Inkdit Services, you will not use any information about other Inkdit Services Users that is provided by the Inkdit Services. If Inkdit has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions relating to the Inkdit Services, the website or any related services, your access to the website and any services contained therein may be suspended or terminated. You will cooperate fully with Inkdit to investigate any suspected unlawful, fraudulent or improper activity.
4. Additional Restrictions. Inkdit, at its sole discretion, reserves the right to restrict or terminate your use of the Inkdit Services at any time, with or without cause, with or with out notice, effective immediately in the event that Inkdit determines, in its sole discretion, that your use of the Inkdit Services is inappropriate. Reasons that Inkdit may determine that your use of the Inkdit Services is inappropriate include, but are not limited to, the following:
1. Unconfirmed identity or incorrect registration/enrollment information
2. You have used the Inkdit Services to commit or to facilitate fraudulent activity
3. You have used the Inkdit Services in violation of privacy or other laws and regulations
5. Fees. Inkdit Services Users are responsible for paying all fees associated with the use of the Inkdit Services under the ASP Agreement on or before the due date for such fees.
6. No Resale of Inkdit Services. Your right to access and use the Inkdit Services is personal to you and subject to the usage license as provided under the ASP Agreement you have entered into. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Inkdit Services, use of the Inkdit Services, or access to the Inkdit Services to any third party.
7. Security Issues or Unauthorized Transactions. You should contact us at once if you believe your password has been compromised.
8. No Spam. You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to communicate with other Inkdit Services Users or with any persons who have not consented to receive such communications from You. We reserve the right to immediately terminate the user account of any Inkdit Services User who sends unsolicited email to other Inkdit Services Users based on information available to Users through the Inkdit Services. In addition, you may be subject to provincial or state and/or federal penalties and other legal consequences under applicable law if you send unsolicited email.
9. No Hacking. If you use, or attempt to use the Inkdit Services for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Inkdit Services, your user account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
10. Correct E-mail. You agree that you have access to the Internet and to a current e-mail address. You have sole responsibility for providing Inkdit with a correct and operational e-mail address. Inkdit will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify Inkdit of any change in your e-mail or postal mailing address.
11. Electronic Communications. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your user account and/or your use of the Inkdit Services ("Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Inkdit Services and/or delivered to your e-mail address. You should print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Inkdit reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying Inkdit of your decision to do so, by sending an email message to email@example.com or by telephoning Inkdit Support. If you revoke your consent to receive Communications electronically, Inkdit may terminate your right to use the Inkdit Services.
14. WARRANTY DISCLAIMER. THE INKDIT SERVICES ARE PROVIDED "AS IS," AND YOUR USE OF THE INKDIT SERVICES ARE AT YOUR OWN RISK. INKDIT DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, QUIET ENJOYMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. INKDIT DOES NOT WARRANT THAT THE INKDIT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
15. LIMITATIONS OF LIABILITY. INKDIT WILL NOT BE LIABLE TO YOU FOR ANY LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, EVEN IF INKDIT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. INKDIT’S MAXIMUM AGGREGATE LIABILITY TO YOU RELATED TO OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT PAYABLE BY YOU TO INKDIT HEREUNDER FOR THE PRIOR TWELVE (12) MONTH PERIOD. You acknowledge that Inkdit has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
16. Miscellaneous. This Agreement is made under and will be governed by and construed in accordance with the laws of the Province of Alberta without regard to the principles of conflicts of laws. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. You may not assign your rights or delegate your duties under this Agreement either in whole or in part without the prior written consent of Inkdit. Any attempted assignment or delegation without such consent will be void. Inkdit may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns. Inkdit and you are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Inkdit and you. Neither Inkdit nor you will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein. This Agreement combined with the Privacy Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.
In a copy of this boilerplate somebody would sign here.