Use of Site and Applications. CAIL (“CAIL Mobile Solutions Inc.™”) authorizes you to view and/or download the materials at this Website and other CAIL Websites that are linked to this site or affiliated with this site (collectively, the “Site”), under the condition that all the information, programs, applications, processes, methodologies, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively “Content”) may not be copied or distributed, or republished, uploaded, posted, publicly displayed, performed, distributed or transmitted in any way, without the prior written consent of CAIL EXCEPT: only for your personal, non-commercial use, including the evaluation of our software products, and provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. For purposes of these Terms, any use of this Content on any other Web site or networked computer environment for any other purpose is prohibited. You shall not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the CAIL Technology, or otherwise access the CAIL services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the CAIL, or the underlying CAIL technology, or (c) copy any ideas, features, functions or graphics of the CAIL services, or the underlying CAIL technology; (iv) interfere with or disrupt the integrity or performance of the CAIL Service; (vi) use the CAIL Service to store or transmit Malicious Code (including to, on, or through the CAIL Server or any Device); (vii) attempt to gain unauthorized access to the CAIL services or its related systems or networks; (viii) access the CAIL services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; (ix) use or permit the use of the CAIL services in any manner that may involve risk of death, personal injury, property damage, or environmental damage; or (x) otherwise use the CAIL services in any manner not authorized by this Agreement. The licenses granted to you hereunder cannot be shared but may be reassigned from time to time to new licensed users who are replacing former user who have terminated employment with you or otherwise changed job status or function and no longer use the CAIL services.
The following trademarks and other marks (not listed here) are used in connection with the Services, and are the proprietary trademarks of CAIL Inc. :
CAIL Mobile Solutions™ Inc.
CAIL Mobile Solutions Inc. & Design™
CAIL trademarks may be used publicly only with prior written permission from CAIL Mobile Solutions Inc. Fair use of CAIL trademarks in advertising and promotion of CAIL products requires proper acknowledgment. No CAIL trademark or service mark may be used as a hyperlink without CAIL prior written permission. Other trademarks that may appear in connection with the Services may be owned by third-parties and used with the permission of the third-parties. You also agree not to use those trademarks without the permission of their respective owners.
The various marks used in connection with the Services represent some of the marks may currently owned or controlled by CAIL or under license to CAIL. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all CAIL worldwide proprietary ownership rights, and CAIL may own or control other proprietary rights in one or more countries outside of the United States.
For any Communications that cannot be legally assigned to CAIL, you hereby grant CAIL and its designees an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that CAIL is free to use any ideas, concepts, know-how or techniques that you send CAIL for any purpose whatsoever without compensation to you or any other person sending the Communication. In addition, you warrant that all so-called “moral rights” with respect to the Communication have been waived.
You are prohibited from using the Services to post, transmit, communicate, and/or deliver, to CAIL or other users, any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law.
Links To Third Party Web Sites. The Services may provide links to other third party websites or resources. Such links to third party websites in the Services are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. CAIL has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, CAIL makes no representations whatsoever about any other website, which you may access through the Services, or any information, software or other products or materials, found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Services, you acknowledge and agree that CAIL is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that CAIL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such site or resource.
Fees. Certain aspects of the Services may require or involve sales fees, transaction fees, transmission fees, and other types of fees (“Fees”). By using these aspects of the Services, you consent to the Fees involved and agree that you decided to use the Services with full knowledge of the Fees. A conspicuous notice will be posted near each location on the Site or in the Software where you may incur a Fee, or, at a minimum, such a notice will be posted in a separate agreement to which you agree when you sign up for an aspect of the Services that may cause you to incur a Fee.
We offer both a restricted free version (“Free Account”), with a limited amount of features, and a paid premium version (“Premium Account”) with additional features for the Software. In the event you choose to subscribe to a Premium Account for the Software, you will be billed for the subscription through your credit card (“Credit Card Billing”). The fees for your Premium Account will be billed either on a monthly or annual basis, depending on the method you choose, from the date you elect, or convert to, a Premium Account and on each monthly or annual renewal thereafter. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
Indemnification, hold harmless. You agree to indemnify, defend, and hold harmless CAIL Inc., its directors, officers, employees, its affiliated companies, and its suppliers and partners (including, without limitation, CAIL’s technology and/or sales and marketing partners) from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of the CAIL Services, (b) any violation of the rights of any other person or entity by you, or (c) any breach or violation by you of this Agreement. CAIL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
By sending and receiving text messages, emails, and other communications using the Services, you agree that CAIL is not responsible for the cost of making the communications as may be charged by your cellular telephone carrier, internet service provider, and the like. Any aspect of the Services subject to a Fee is announced prior to your usage of the Services, and by your use of the Services, you take sole responsibility for the Fees involved.
CAIL adheres to the Mobile Marketing Association’s Code of Conduct for Mobile Marketing http://mmaglobal.com/modules/content/index.php?id=5 and Consumer Best Practices Guidelines for Cross-Carrier Content Programs http://www.mmaglobal.com/bestpractices.pdf Therefore, CAIL will not subscribe you to any text messaging program without your choice to opt in to the program. CAIL will also provide clear instructions on how to cancel a subscription to which you have opted in.
Disclaimer. THE MATERIALS, INFORMATION AND SERVICES PROVIDED IN THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
CAIL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE SITE, THE SOFTWARE, THE CONTENT OF THE SITE OR THE SOFTWARE OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE.
CAIL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION, SOFTWARE, COMPUTER PROGRAMS AND PROCESSES ON-LINE OR VIA MOBILE, TABLETS, MATERIALS, DATA OR INFORMATION IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE CAIL MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT CAIL ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE OR SOFTWARE APPLICATIONS CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT CAIL. CAIL UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE SERVICES. INFORMATION PUBLISHED AT THE SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR GEOGRAPHIC LOCATION.
THE INFORMATION PRESENTED ON THE SITE OR BROADCAST FROM THE SITE WITH WEBSITE SOFTWARE BY CAIL FROM CAIL PUBLICATIONS, WRITINGS AND/OR THIRD PARTY BOOKS OR WRITINGS IS FOR INFORMATION PURPOSES ONLY AND IS NOT MEANT TO SERVE AS A SUBSTITUTE FOR PROFESSIONAL LEGAL OR FINANCIAL ADVICE WHICH SHOULD BE OBTAINED THROUGH CONSULTATION WITH APPROPRIATE PROFESSIONALS IN YOUR STATE.
Limitation of Liability. IN NO EVENT WILL CAIL, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED IN THE SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE SITE OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, CAIL TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Procedure for Making Claims of Copyright Infringement. CAIL respects the intellectual property rights of others, and expects its users to do the same. CAIL will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the applicable law. Any notifications of claimed copyright infringement must be sent to CAIL at the following address: CAIL, Legal Department, 21 Main St.N. Box 63, Markham ONL3P 1X0. When notifying CAIL of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.
Applicable Laws. CAIL from its offices within the Province of Ontario, Canada controls the Services. CAIL makes no representation that the Content in the Services is appropriate or available for use in locations other than the Canada, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Canada export laws and regulations.
Cancellation. Service cancellation requires one (1) month advance notice prior to the end of the paid services.
Acceptance of Terms. You acknowledge you have read, and agree to be bound by these Terms and to comply with all applicable laws and regulations. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES.
(c) All Rights Reserved for CAIL Mobile Solutions Inc. 2013