Last Updated: January 12, 2023
BY USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOU AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS OF THESE TERMS WHICH SHALL GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES AND MUST EXIT THE WEBSITE AND REFRAIN FROM USING THE SERVICES.
THESE TERMS CONTAIN A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES OR THE WEBSITE. BY USING THE SERVICES, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.
1. Modification of Terms
We may revise these Terms from time to time. The most current version will always be posted on our Website. Therefore, we recommend that you frequently visit the Website to monitor any changes to the Terms. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
2. Access and License
Abdera hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to (i) access the Website for the purposes of receiving the Services in accordance with these Terms; and (ii) 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 Services.
3. Permitted Uses
You agree to use the Services only for purposes that are permitted, both by the Terms and by any applicable law, regulation, or generally accepted practices or guidelines, in relevant local, national, and international jurisdictions.
You agree that when using the Website and Services, you will not:
- (i) access (or try to access) and use the Services through any automated means, including without limitation, scrapers, scripts, robots or web crawlers;
- (ii) submit false or misleading information via the Services;
- (iii) use or attempt to use another user’s account;
- (iv) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your personal information or your affiliations with any person or entity;
- (v) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the Abdera Content;
- (vi) market, sell, re-sell or make commercial use of the any Abdera Content;
- (vii) systematically collect from the Website and use any Abdera Content, including the use of any data mining, robots, or similar data gathering and extraction methods;
- (viii) decompile, reverse engineer, disassemble, modify, or reduce the Website to human perceivable form;
- (ix) make derivative uses of the Website or the Abdera Content;
- (x) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties;
- (xi) post or transmit data or content which violates or infringes any third party rights, is false, misleading or inaccurate or is injurious to a third party or defames, libels or disparages any third party;
- (xii) post or transmit data or content which would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law;
- (xiii) 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.
4. Suspension and Termination of Access
Abdera may also suspend or terminate your access to the Services or terminate these Terms at any time without written notice to you for any or no reason whatsoever.
If these Terms are terminated for any reason, you are still bound by the provisions of the Terms that are intended to survive. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ABDERA HAS NO LIABILITY OF ANY KIND OR ANY NATURE WHATSOEVER TO YOU SOLELY BY REASON OF ANY CHANGE, MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE WEBSITE OR SERVICES OR ANY OR ALL OF THE WEBSITE OR SERVICES IN ACCORDANCE WITH ITS TERMS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE THAT YOU SHALL NOT MAKE ANY CLAIM AGAINST ABDERA, INCLUDING WITH RESPECT TO ANY LOST REVENUE, PROFITS OR OPPORTUNITIES AS A RESULT OF SUCH CHANGE, MODIFICATION, SUSPENSION OR DISCONTINUANCE OR ON ACCOUNT OF ANY EXPENDITURES MADE OR ACTIONS TAKEN IN RELIANCE ON THE EXPECTED CONTINUATION OF THE WEBSITE, THE SERVICES OR THESE TERMS.
The Website may include images, text, works, audio files, sounds 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 relating to the Website 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.
All content and data made available by Abdera through the Website and modifications, enhancements, upgrades, updates or customization thereto, including any Third Party Content, (the “Abdera Content”) is owned solely and exclusively by Abdera and/or third parties. You may not market, sell, re-sell or make commercial use of the Website or any Abdera Content.
If you provide Abdera with any comments, suggestions, recommendations, requests or any other feedback (“Feedback”), Abdera may use such feedback to improve the Website or for any other purpose. Furthermore, Abdera shall own such Feedback and Abdera and its affiliates, licensees, clients, partners, third-party providers and other authorized parties may use, license, distribute, reproduce and commercialize the Feedback, and you hereby assign, irrevocably, exclusively and on a royalty-free basis, all such Feedback to Abdera. Abdera will have no obligation to consider, use, return or preserve any Feedback you provide to us. Any Feedback you provide to us may or may not be treated confidentially by us, and Abdera will have no obligation or liability to you for the use or disclosure of any Feedback.
6. Disclaimers and Limitation of Liability
THE SERVICES ARE PROVIDED BY ABDERA ON AN “AS IS” AND “AS AVAILABLE” BASIS. ABDERA MAY MAKE CHANGES OR IMPROVEMENTS TO THE ABDERA CONTENT AND FUNCTIONALITY OF THE SERVICES AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU. ABDERA DOES NOT WARRANT THAT THE SERVICES OR ABDERA CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ABDERA MAKES NO REPRESENTATIONS ABOUT THE TECHNICAL ACCURACY OR FUNCTIONALITY OF THE SERVICES OR THAT THE ABDERA CONTENT IS ACCURATE, ERROR-FREE OR UP-TO-DATE. ABDERA MAKES NO REPRESENTATIONS WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR INTELLECTUAL PROPERTY.
IN NO EVENT SHALL ABDERA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ABDERA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, USE OR PERFORMANCE OF THE SERVICES, FAILURE OF THE SERVICES TO OPERATE, OR ANY ABDERA CONTENT OR OTHER INFORMATION PROVIDED ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM OF THESE TERMS AND YOU ACKNOWLEDGE THAT ABDERA WOULD NOT GRANT ACCESS TO THE SERVICES WITHOUT YOUR AGREEMENT OF THIS SECTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If you are dissatisfied with the Website, the Abdera Content or with any of the terms, conditions, guidelines, practices or policies of Abdera in operating the Website and in providing the Services, you agree that your sole and exclusive remedy shall be to discontinue accessing the Website and Services.
7. Collection, Use and Disclosure of Personal Information
All product, brand and Abdera names and logos and trade-marks displayed on the Website or used in connection with the Services are the trade-marks of Abdera (or its suppliers, partner businesses or third party licensors). Any use of any of the marks appearing on the Website or in connection with the Services without the express written consent of Abdera or the owner of the mark, as appropriate, is strictly prohibited.
You agree that these Terms shall be exclusively governed by, construed and interpreted in accordance with the federal laws of Canada applicable therein. You irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Quebec in respect of all matters and disputes arising hereunder. You expressly agree that, in the event that there is a dispute under these Terms and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial and you hereby waive any right to trial by jury.
11. Force Majeure
You agree that we are not liable for a delay or failure in performance of the Services or the provisions of these Terms caused by reason of any occurrence of unforeseen events beyond our reasonable control, including but not limited to, acts of God, natural disasters, pandemics, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.
No delay or omission by Abdera to exercise any right or power we have under these Terms or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Abdera must be in writing and signed by an authorized representative of Abdera.
13. Entire Agreement
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of these Terms shall be valid and enforceable to the extent permitted by law.
15. Electronic Documents
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (i) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (ii) legally enforceable as a signed agreement.
16. Contact Us
Please send us feedback by emailing us at email@example.com or writing us at 1770 West 7th Avenue, 5th Floor, Vancouver, British Columbia, Canada V6J 4Z9 Attention: Privacy Officer