HELLOGBYE WEBSITE TERMS OF USE These Terms of Use apply

HELLOGBYE WEBSITE TERMS OF USE
These Terms of Use apply to your use of the website of HelloGbye, LLC and HelloGbye Canada LP
(collectively, HelloGbye, we, our or us) at www.hellogbye.com (the Website). By using the Website,
you are deemed to have read and agreed to be bound by these Terms of Use. If you do not agree with
all of these Terms of Use, please do not use the Website.
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Website Purpose
The Website is made available to you for the purpose of providing you with information about us and the
services we and our third party providers offer or may offer in the future (the Services). Any Service
made available to you on or through the Website may be subject to your acceptance of the terms and
conditions specific to such Service (the Service Terms), which will be made known to you prior to your
use of any such Service. In the event of any inconsistency between these Terms of Use and any
applicable Service Terms, the Service Terms shall prevail, but only to the extent of such inconsistency.
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Modification of Terms
We may make changes to these Terms of Use and if we do so, we will post an updated version on the
Website. We recommend that you check the Website to review the current version of these Terms of Use
from time to time. Your continued use of the Website shall be deemed to constitute your conclusive
acceptance of the modified Terms of Use.
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Children
The Website is not intended to be used by, and is not marketed or directed towards, any person under
the age of majority in his or her province or state of residence.
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Registration
To access Services and use certain features of the Website, you may need to register on the Website.
You agree to: (a) maintain the confidentiality of any passwords or other account identifiers which you
choose or that are assigned to you as a result of any registration or account creation with the Website;
and (b) be responsible for all activities that occur under such password or account. Further, you agree to
immediately notify us of any unauthorized use of your password or account in the event that the
confidentiality of your password or your account is compromised. Failure to comply with this paragraph
may result in immediate termination of your account. We shall not be responsible or liable, directly or
indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with,
your failure to comply with this section.
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Privacy
Our Privacy Statement describes how we collect, use and disclose personal information.
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License
We grant you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right
and license to access, view and print any information and documentation made available on the Website,
for your personal, non-commercial and informational use only to assist you in the access and use of the
Website. Except for the limited licenses and rights expressly granted to you in the Terms of Use, these
Terms of Use do not grant you any other right or license in or under any patent, trademark, copyright, or
other intellectual property or proprietary right. We may terminate or suspend this license at any time for
any reason.
7
Content
The Website may include images, text, works and other content and data that are owned by third parties
(Third Party Content). You agree that all of the terms and conditions of these Terms of Use apply to
your access to and use of any Third Party Content and you further agree to comply with any terms and
conditions that are specific to the Third Party Content. We are not responsible, and assume no liability, for
any Third Party Content.
All content and data made available through the Website, is owned solely and exclusively by us and/or
third parties. You may not: (a) publish, publicly perform or display, or communicate to the public or
otherwise distribute to any third party any of its content; (b) market, sell, re-sell or make commercial use
of the Website or any of its content; or (c) systematically collect from or make derivative uses of the
Website or of its content.
If you make any information, data or content available to us on or through the Website, including by
contacting us, or by providing comments or ideas about our Services or the Website, you are deemed to
grant us a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide
license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any
such content, without any payment or restriction. You are solely responsible and liable for any content
you make available on or through the Website or that is made available using your account.
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Intellectual Property
All product, brand and company names and logos and trade-marks displayed on the Website are the
trade-marks of HelloGbye (or its affiliates, third party providers,, partner businesses or licensors, as
applicable). You acknowledge that the Website, the Services and any underlying technology used in
connection with them contain intellectual property and proprietary information. You may not use,
reproduce, distribute, modify or create derivative works of, publicly display (including by framing any
content), or commercially exploit any part of the Website or Services, or aforementioned registered or
unregistered trademarks, intellectual property or proprietary information except as necessary to view the
content therein and to create a reasonable number of copies of portions of such content (without
modification) for your personal, non-commercial use. In addition, all page headers, custom graphics,
button icons, and scripts are our service marks and/or trademarks. You may not use, reproduce,
distribute, modify or create derivative works of them without our prior written consent.
All right, title and interest in and to the Website, any content thereon, the Services, the technology used in
connection with the Services, and any and all technology and any content created or derived from any of
the foregoing is our exclusive property or the exclusive property of our affiliates, suppliers, partner
businesses or licensors, as applicable.
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Use Restrictions
You agree that when using the Website you will not: (a) permit any other person to use your account for
their benefit; (b) interfere with or circumvent any copyright or other technical protection mechanism or
reverse engineer, decompile, disassemble, or otherwise in any manner deconstruct all or any part of the
Website or any software or technology or content forming part thereof; (c) take any action or use any
program or device that may result in or is intended to interfere with the operation and functioning of the
Website or to shut down, overload or overwhelm the Website; or (d) copy, republish or redistribute any
part of the Website, including by caching, framing or similar means.
10
Use of Cookies
You agree that we have the right to monitor and review your use of the Website and Services from time to
time, and to use “cookies”, “log files” and your “browsing data” in accordance with the Privacy
Statement.
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Support
We may in our sole discretion provide you with troubleshooting support concerning your use of the
Website and any Services, but we are under no obligation to do so.
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Website and Services are provided “as is” and “as available”
You understand and agree that the Website and its content and the Services are provided on an “as is”
and “as available” basis and, except to the extent expressly provided for under applicable law, we
expressly disclaim all representations or warranties or conditions of any kind or nature whatsoever,
whether express or implied, and whether arising by statute or otherwise in law, from a course of dealing
or usage of trade, including without limitation, any implied warranties or conditions, any condition or
warranty of merchantability, title or non-infringement of third parties rights and any condition or warranty
of fitness for a particular purpose.
13
Links
We may provide links on the Website to other websites or resources, including those operated by parties
other than us. These links are provided for your convenience and we not responsible for the availability of
such websites or resources. We do not endorse or accept responsibility for the content of such external
websites or resources. Your access and viewing of any third party websites or resources is conducted at
your own risk.
14
Limitation of Liability
Except to the extent prohibited by applicable law, HelloGbye, our affiliates, and each of their respective
directors, officers, employees, consultants and agents will not be liable for any direct, indirect, incidental,
special or consequential damages or any loss that results from the use of, or the inability to use, the
Website or the Services, or for any loss or transmission of any confidential or sensitive data or
information.
15
Indemnity
You agree to defend, indemnify, and hold harmless HelloGbye and our affiliates from and against any
claims, actions, demands, losses, liabilities, damages, costs and expenses suffered from your breach of
these Terms of Use.
16
Electronic Notification
To the extent that we contact you, you agree that we may do so via any electronic means, including but
not limited to communications posted on this Website or electronic mail.
17
No Agency Relationship
You agree that no joint venture, partnership, agency or employment relationship exists between you and
HelloGbye as a result of these Terms or Use or use of the Website and access to the Services.
18
Language
The parties hereto have agreed that the Terms of Use and any of its accessories, including notice, be
written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y
compris tout avis, soient rédigés en anglais.
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Jurisdiction
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Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and
the laws of Canada applicable therein, without giving effect to their conflict of laws principles.
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