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Termsofuse Agent

TERMS OF USE

WELCOME TO OUR SHORT MESSAGE RESPONDER SERVICE

The Service is provided by Stackr Interactive Ltd (“Stackr”, “We”, “Us”, “Ours”) located at 201-3701 Hastings Street, Burnaby, British Columbia. We hope that you will find our service helpful and/or useful. By using our Service by whatever means, including through available third-party text messaging services, through our website (the “Site”), through apps, you agree to these Terms of Use. Please read them carefully.

If you do not agree to these Terms of Use, you are not authorized to use the Service, and must not access the Service by any means.

This is a legal contract, so if you are entering into this agreement on behalf of a company, government agency, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms. (In such case, “you” and “your” would then refer to the entity.)

Our Privacy Policy (https://stackr.ca/privacy) and all other terms referenced below and within our Service and Site are hereby fully incorporated into our Terms of Use, and you agree to them as well.

CHANGES

From time to time, we may change, remove, or add to the Terms of Use, and reserve the right to do so in our discretion. In that case, we will post updated Terms of Use and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Site(s). All new and/or revised Terms take effect immediately and apply to your use of the Service from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of the Service after new and/or revised Terms are effective indicates that you have read, understood, and agreed to the Terms of Use.

You are responsible for periodically checking for changes and are bound by them if you continue to use our Service.

LICENSE

We own the intellectual property rights, including copyright, in and to this Service and our Site, or have acquired the necessary licenses to display the material on the Service.

If you agree to the Terms of Use and (1) are of sufficient age and capacity to use the Service and be bound by the Terms of Use, or (2) use the Service on behalf of a business, thereby binding that business to the Terms of Use, we grant you a limited, revocable, non-exclusive, non-assignable license to use the Service in compliance with the Terms of Use. Unlicensed use of the Service is unauthorized.

USE

We require you to follow several rules when accessing or using this website. You must not:

  • use this Service and Site in violation of any law, rule or regulation
  • interfere with or disrupt this Service and Site or any of our computer systems, servers, networks, databases, software, hardware or equipment used by or for this website
  • interfere with the use or enjoyment of this Service and Site by others
  • introduce code which is disruptive or harmful
  • attempt to gain unauthorized access to our computer systems, servers, networks, databases, software, hardware or equipment, including to: user-restricted areas of this website; logins and passwords of others; or personal information and personal accounts of others

DISCLAIMER AND LIABILITY

The Internet is not a secure medium and privacy cannot be ensured. Messaging services are not secure and are vulnerable to interception and forgery. We will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to us through the Internet, or that you expressly or implicitly authorize us to make, or for any errors or any changes made to any transmitted information. Our service is provided through Internet connected infrastructure.

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our services or website available are free of viruses or other harmful components.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our Service.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

CLAIMS AND INDEMNITY

You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our Service, your violation of the Terms of Use, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

WAIVER OF JURY TRIAL AND CLASS ACTION RIGHTS.

IN ANY DISPUTE ARISING OUT OF OR RELATED TO THE SITE, THE SERVICE, AND/OR THIS AGREEMENT, YOU HEREBY EXPRESSLY GIVE UP: (I) YOUR RIGHT TO A TRIAL BY JURY; AND (II) YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING, WITHOUT LIMITATION, CLASS ACTION LAWSUITS.

DISPUTE RESOLUTION

In any dispute between you and Stackr Interactive Ltd, you agree that the dispute shall be governed exclusively by the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions.

Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with this Agreement will be referred to and resolved by arbitration. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be adjudicated by a single arbitrator and will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration will be Vancouver, British Columbia, Canada, and the language of arbitration will be English.

Any claim, proceeding, or action that arises under this Agreement involving the ownership of intellectual property shall submit to the exclusive jurisdiction of the courts in Vancouver, British Columbia. However, we may seek and obtain injunctive relief in any jurisdiction.

You agree that we may enforce this Agreement through injunctive relief and other equitable remedies, without proof of monetary damages.

You agree that you will not bring a claim under or relating to this Agreement more than twelve (12) months from when your claim first arose.

TRADEMARKS

Any trademarks, logos and service marks displayed on this website are the property of their owners, whether ours or third parties.

SEVERABILITY

If any part of the Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

TERMINATION

Stackr Interactive Ltd may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by us at any time and for any reason.

If you wish to terminate this agreement, you may immediately stop accessing or using the Service at any time. Your right to access and use the Services terminates automatically upon your breach of any of the Terms.

The Disclaimer and Liability, Claims and Indemnity, Waiver of Jury Trial and Class Actions Rights, Dispute Resolution, and Severability provisions will survive any termination.

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Stackr Interactive Ltd. 12 May 2020. Added title and HTML formatting.

Stackr Interactive Ltd. 7 January 2020.

SMS

TERMS OF USE | If you do not agree to our Terms of Use, you are not authorized to use the Service, and must not access the Service by any means. Read the Terms of Use at https://stackr.ca/terms-of-use.

MESSAGE

If you do not agree to our Terms of Use, you are not authorized to use the Service, and must not access the Service by any means. Read the Terms of Use at https://stackr.ca/terms-of-use.